Significant damage to a legal entity. Significant damage under the Criminal Code of the Russian Federation

In the Criminal Procedure Code of the Russian Federation today there are several articles of similar meaning that regulate criminal liability for damage caused by the theft of property values through the commission of various types of criminal acts.

These include:

Art. 159 of the Criminal Code, regulating the degree of liability for fraud;
Art. 7.2.1 of the Criminal Code, which establishes liability for causing damage by misappropriation of property values through abuse of trust or fraud;
Art. 158 of the Criminal Code, regulating liability for theft;
Article 7.27.1 of the Code of Administrative Offenses, which establishes liability for damage caused by petty theft.

The main and defining difference that separates them from each other is the size of the amount that serves as the basis for initiating a criminal investigation. In 2016, amendments were made to the Criminal Code under the articles listed above in the amount of amounts from which criminal liability arises.

General concepts

Particularly large and large damages according to the Criminal Code of the Russian Federation can be caused due to criminal actions of officials, ordinary citizens or organized gangster groups. The Criminal Code of the Russian Federation contains information about all possible criminal acts that are punishable.

In addition to attacks on human rights, freedoms, and human health, Chapter 21 of the Criminal Code of the Russian Federation has a list of violations and actions of subjects of forensic legal relations, which are usually aimed at the unlawful seizure or seizure of property of third parties.

All these actions can manifest themselves in the following forms:

theft (Article 158 of the Criminal Code of the Russian Federation);
fraud (Article 159 of the Criminal Code of Russia);
robbery (Article 161 of the Criminal Code);
robbery (Article 162 of the Criminal Code of the Russian Federation);
other illegal actions.

The acts are usually carried out by an individual or group of individuals either intentionally or through negligence.

Regardless of the severity, all criminal acts cause some kind of damage. In criminal law, damage can be calculated in small, medium, especially large and large amounts. Moreover, for each type of sanctions they differ.

How is the amount of damage calculated?

The commentary to the Criminal Code does not provide a detailed answer to the question presented; for this purpose, the Plenum of the RF Armed Forces issued a Resolution “On Judicial Practice on theft, robbery and robbery,” which contains recommendations for law enforcement officers in resolving such cases.

The following rules currently apply:

If we are talking about property, then the size is established based on the market value of the objects at the time the crime was committed. For example, if a TV purchased for 35,000 RUR is stolen, but at the time of the theft it cost 15,000 RUR, then the damage caused is equal to the last indicator;
When it becomes necessary to determine the value of property, it is advisable to invite an expert who can give an objective assessment. Based on the rendered conclusion, the issue of determining the amount of damage for initiating a criminal case is decided;
Damage subject to compensation is calculated not only on the basis of the value of the property, but also taking into account additional indexation. The level of inflation in the state is taken into account;
For items of historical, artistic or other value, a different procedure is provided. They are more valuable than modern household items. To establish the value, experts are necessarily invited to indicate not only the cost, but also the social value of the item. In practice, the theft of valuable exhibits in any case does not constitute insignificant damage to an individual, that is, a criminal case is always initiated;
If disputes and disagreements arise between the parties, the investigator may decide to bring in an outside expert to conduct an independent investigation.

In practice, investigators and other officials conducting cases are guided by the laid down principles, generally accepted provisions and rules. Not all enforcement rules are reflected in legislation.

Which articles regulate liability for causing significant damage?

Now let's turn to those articles of the Criminal Code of the Russian Federation that describe certain preventive measures in the event that significant damage has been caused.

Since significant damage is almost always caused by the destruction or damage of property, a certain number of crimes where this qualification was present are present in Chapter 21 of the Criminal Code of the Russian Federation, which treats offenses against property. In particular, these are:

theft (Article 158);
fraud (Article 159);
scams using electronic payment methods (Article 159.3);
fraud in the field of insurance (Article 159.5);
fraud in the field of computer technology (Article 159.6);
misappropriation or embezzlement (Article 160);
intentional destruction or damage to other people's property (Article 167).

The term “significant damage” appears in many articles of the Criminal Code of the Russian Federation.
Thus, significant damage often occurs as a result of various types of theft.

The remaining offenses that result in criminal liability are found in different chapters of the Criminal Code of the Russian Federation, which determine punishments for crimes in a variety of areas. These include:

exerting undue influence on the result of sports competitions or other competitions (Article 184);
commercial bribery (Article 204);
terrorist act (Article 205);
false report about him (Article 207);
acquisition or storage of narcotic substances (Article 228);
their production or sale (Article 228.1);
theft or extortion of drugs (Article 229);
their smuggling (Article 229.1);
improper use of subsoil (Article 255);
illegal logging (Article 260);
violation of the regime of natural reserves (Article 262);
sabotage (Article 281);
receiving a bribe (Article 290);
her dacha (v. 291);
mediation in bribery (Article 291.1).

Which articles regulate liability for causing significant damage?

Now let's turn to those articles of the Criminal Code of the Russian Federation that describe certain preventive measures in the event that significant damage has been caused.

theft (Article 158);
fraud (Article 159);
scams using electronic payment methods (Article 159.3);
fraud in the field of insurance (Article 159.5);
fraud in the field of computer technology (Article 159.6);
misappropriation or embezzlement (Article 160);
intentional destruction or damage to other people's property (Article 167).

The term “significant damage” appears in many articles of the Criminal Code of the Russian Federation.

Thus, significant damage often occurs as a result of various types of theft.

exerting undue influence on the result of sports competitions or other competitions (Article 184);
commercial bribery (Article 204);
terrorist act (Article 205);
false report about him (Article 207);
acquisition or storage of narcotic substances (Article 228);
their production or sale (Article 228.1);
theft or extortion of drugs (Article 229);
their smuggling (Article 229.1);
improper use of subsoil (Article 255);
illegal logging (Article 260);
violation of the regime of natural reserves (Article 262);
sabotage (Article 281);
receiving a bribe (Article 290);
her dacha (v. 291);
mediation in bribery (Article 291.1).

Concept of theft and significant damage

Theft is indeed included in the list of the most frequently committed crimes among all crimes with a mercenary motive. Hence, it is logical to assume that with the theoretical and practical part of the consideration of such cases, problems cannot arise within the framework of the qualification of a criminal act. But legal practice clearly shows the opposite. There are many moments and nuances in theft, due to which the perpetrators do not always bear a well-deserved punishment for the harm caused, or they face a not entirely fair accusation.

It is quite right that the legislation introduced such a sign of theft as significant damage. His presence there is beyond doubt. After all, if the victim also suffered significant or significant property damage as a result of the theft, then a more severe and severe punishment should be provided for this, that is, responsibility for committing a more serious crime.

But first we need to understand what meaning is inherent in significant damage from the perspective of the criminal law field. Here you can only rely on note 2 in Article 158 of the Criminal Code of the Russian Federation. It states that the accounting of damage is carried out on the basis of the property status of the victim. In this case, the damage cannot be less than 2.5 thousand rubles. It follows from this that there are two main criteria that allow recognizing and qualifying a committed theft as a theft with significant damage:

significant deterioration in the financial situation of the injured party;
the lower limit on the value of property that was stolen.

Although in reality, only the first point is the main criterion. The lower limit acts only as a necessary condition. However, it does not in any way affect the essence of the qualifying features within the framework of the criminal proceedings under consideration.

Problem of Significance of Damage

The fact that Article 158 of the Criminal Code of the Russian Federation, which also regulates liability for theft causing significant damage, contains such a criterion as a lower limit of the amount to determine the significance of the crime, is a positive and important point. But quite often in legal practice, specialists actively manipulate the amount provided for by law. If the value of the property that was stolen is equal to or exceeds the specified 2.5 thousand rubles, the case of the perpetrator is classified under Article 158 Part 2 of the Criminal Code of the Russian Federation. This qualification is considered incorrect, which is due to incorrect interpretation and understanding of legislative acts.

It is important to clearly understand that significant damage caused to a citizen during theft is not just a property type of loss. This negatively affects the economic situation of the injured party, which is expressed in the loss of material wealth. At the same time, material wealth for a certain time does not allow one to provide the same living conditions that existed before the theft and before significant damage was caused.

It's better to understand with examples. If your computer was stolen, but you spent part of your salary to buy a new one, no significant changes have occurred in your usual way of life. The question here is a sufficiently large salary that allows you to make such a purchase. But there are situations when a stolen computer (its cost is at least 2.5 thousand rubles) cannot be compensated for with a new one, since for such a purchase you first have to save money for some time. Then this kind of crime should already be classified under paragraph “c” of Part 2 of Article 158 of the Criminal Code of the Russian Federation.

We can safely say that when creating this legislative act, it was meant that, regardless of the significance of the actual damage caused (for example, the injured party is among the poor), if the amount of damage caused is less than that provided for by law, this crime cannot be classified as as theft on grounds of significance under no circumstances.

Therefore, when establishing the facts of significant damage, it is extremely important to focus not on the value of the stolen property, but on how much such theft affected the current property situation of the injured party. The corresponding conclusions are confirmed by the existence of sanctions under parts 1 and 2 of Article 158. If in the case of simple theft the punishment is up to 2 years of imprisonment, and if the crime is classified as secret theft, it is punishable by up to 5 years of imprisonment.

In simple terms, the social danger of a theft that causes significant damage is approximately 2.5 times more dangerous than a theft that does not have qualifying features. Based on the logic of legislators and criminal liability authorities, with two practically similar thefts, which may differ slightly in the amount of damage caused (the same 2.5 thousand rubles versus 2.6 thousand), for the second case the criminal punishment turns out to be much stricter than for the first . Here it is worth talking about the discrepancy between the law and the principles of justice.

Punishment in the form of imprisonment with a limit of 5 years can only be explained by the presence of a significant danger of the crime being committed for the public. But this is excluded when the property damage caused as a result of theft is about 2.5 thousand rubles. The currently existing boundaries of administrative offenses and crimes (this is 1 thousand rubles) completely unreasonably narrow the scope of the rules of responsibility for unqualified types of theft. After all, in order to rely on Part 1 of Article 158 when considering a case, it is necessary to secretly steal someone else’s property worth 1000 - 2500 rubles.

This raises an additional question. Since the cost of living is actively growing in the country, welfare is improving, inflation and other positive and negative processes are occurring, it is imperative to increase the amount of damage provided for in note 2 in Article 158 of the Criminal Code of the Russian Federation. Many experts agree that a fair amount would be up to 10,000 rubles. This is relevant and rational, since this amount exceeds the minimum wage by approximately 2 times.

Comparison with grand theft

To better understand the essence of the sign in question, you should compare it with another sign of secret theft. Here we are talking about secret theft on a large scale, provided for in paragraph “c” of Part 3 of Article 158 of the Criminal Code of the Russian Federation. Many law enforcement officials unreasonably believe that the difference between these two signs lies largely not in the value of the stolen property, but in the consequences that occurred as a result of the crime committed. Let us remind you that large-scale secret theft involves causing damage in the amount of 250 thousand rubles versus 2,500 rubles.

According to paragraph “c” of Part 3 of Article 158 of the Criminal Code, the formal composition of the crime committed is provided. When qualifying illegal activities, it is extremely important to establish the full value of the stolen property, which should be more than 250 thousand rubles. When blaming on the basis of significant damage, it is worth focusing not on the financial assessment of the stolen property, but on the level of negative changes in the economic condition of the injured party. Such a socially dangerous consequence of the crime committed from the formal corpus delicti of theft allows one to obtain a material one.

What is damage, the concept of significant damage

First, let's look at the very concept of “damage”. These are those disadvantageous property consequences for the victim that occur as a result of the crime. They can be expressed both in a decrease in property assets and in a missed opportunity to obtain any benefit.

Damage is divided into two types:

material (it is applied to property and funds of a legal entity or individual);
moral (it is expressed in moral or even physical suffering, as well as in humiliation of a person’s dignity and honor).

Damage has two types - material and moral.

There are also three types of damage:

significant;
large;
especially large.

Important! It is worth immediately noting that they are expressed in monetary terms, but do not have any unified system of legally defined amounts. It all depends on the offense itself, its type and the consequences that resulted from it.

What is significant damage under the Criminal Code of the Russian Federation? If we talk about an individual, then, according to Note 2 to Art. 158 of the Criminal Code of the Russian Federation (“Theft”), it is defined as an amount of at least 5,000 rubles.

This means that if the harm was assessed at a different amount, then it will be a minor damage, which means that the crime will no longer be considered criminal, and the offender will most likely bear administrative liability.

Reference. According to Art. 159 of the Criminal Code of the Russian Federation (“Fraud”), the amount of significant damage is 10,000 rubles.

As for those situations where this type of damage was caused to a legal entity, state or individual entrepreneur, you will not find a clear definition in the legislation. A huge number of factors are taken into account when assessing it. For example, these include:

the price of destroyed or damaged property, as well as their restoration;
their significance for the victim;
the type of his activity;
his financial condition;
property status and so on.

Significant damage helps in assessing the severity of the crime committed.

All of the listed criteria help determine how much significant damage this is under the Criminal Code of the Russian Federation in each individual situation. After all, any offense is individual in its essence, which means it is necessary to apply a differentiated approach to determining the degree of harm caused.

Liability for legal damage. face and physical face

Significant damage to organizations and individuals has completely different monetary expressions. As a rule, for the former it is established in a larger amount than for the latter, which means that the preventive measures will be established completely different.

Much depends on the type of offense itself, as well as its other qualifying characteristics . This directly affects the type and size of the punishment that will be chosen by the court. It is indicated in the resolution as a result of investigative actions, as well as judicial proceedings.

If significant damage is caused, a criminal case is opened.

Let us consider separately what types of punishments will be imposed on ordinary citizens and organizations.

Preventive measures for individuals persons

Significant damage to a citizen often occurs as a result of certain types of theft. For example, this could be Art. 158 or 167 of the Criminal Code of the Russian Federation. According to them, a person can be sentenced to:

payment of a fine;
one of the types of work (corrective, compulsory or forced);
arrest;
imprisonment.

The easiest of them is payment of a fine, and the most severe is imprisonment in a colony.

The judge chooses a specific preventive measure, taking into account all the circumstances that accompanied the incident.

Preventive measures for legal entities. persons

For organizations and companies, any of the previously listed preventive measures can be determined using such additional sanctions as:

prohibition to hold certain positions or carry out certain types of activities;
restriction of citizen's movements.

As is known, the legal entity itself as a whole is not brought to criminal liability, but only those persons who perform managerial or organizational functions in the organization. These include the CEO, director, etc.

Circumstances influencing the sentence (aggravating/mitigating)

Almost every crime has its own aggravating and mitigating circumstances, in which the court chooses various forms of preventive measures for different time periods. What factors can positively influence the court's decision on the chosen punishment, and which ones - negatively?

When sentencing, taking into account significant damage, aggravating and mitigating circumstances of the incident are also taken into account.

Aggravating circumstances

These include a large number of different factors, based on which the court will most likely impose a more severe punishment on the perpetrator of the incident. They may be:

committing an offense as part of a group with a premeditated plan;
if it was committed by a person who abused his official position or took advantage of some of his work privileges;
in cases where it is committed against the most vulnerable members of society (pregnant women, young children, old people);
if the crime was carried out with particular cruelty or torture to the victim;
when using weapons, explosive or chemical substances, etc.

Extenuating circumstances

This complex includes various factors in which the court is ready to meet the defendant halfway and assign him a mitigated form of preventive measure or reduce the term of serving the sentence. Among them are:

failure by a citizen to reach the required age limit;
presence of small children;
the offense occurred because the offender was in a difficult life situation;
the offender cooperated with the investigation and also provided active assistance in establishing the truth;
he provided medical assistance to the victim or he himself decided to compensate for the damage caused by him in the form and amount as determined by the latter, etc.

Theft: how much is criminal liability?

Theft is the secret theft of someone else's property, which means theft without witnesses: no one sees how the thief takes someone else's property or money.

Question: What is the amount of criminal liability for theft?

Article 158 of the Criminal Code of the Russian Federation provides for 4 parts, in each of which a specific amount of damage is a mandatory feature for the liability of the perpetrator.

Part 1

Here, the legislator provided for liability in the form of a fine, compulsory labor, and imprisonment for up to 2 years for theft in excess of 2,500 rubles . The subject of theft can be money directly in the form of bills or coins, as well as things or any other property valued at the specified amount.

It is important that the value of the stolen item is determined reliably. After all, an item that we buy for 30,000 rubles, three years later at the time of theft, can no longer cost the same (unless, of course, it is gold, which is growing in price). To determine the value of the stolen property, an appraisal examination is appointed.

Example No. 1 . A group of friends celebrated Ivanov I.E.’s birthday, who was given an expensive phone. Ivanov replaced the SIM card from an old push-button phone, which he had once bought for 7,000 rubles, and began using the new one. When the guests left, Ivanov began looking for the old phone, since it was necessary to transfer all contacts to the new one, but he did not find it. He wrote a statement to the police, indicating the price of the missing phone at 7,000 rubles. The investigation established that the phone was stolen by one of the guests; according to an appraisal examination, its value was determined to be 2,700 rubles. A criminal case was initiated against the thief under Part 1 of Art. 158 of the Criminal Code of the Russian Federation.

As can be seen from the example, a phone purchased for 7,000 rubles was valued several years later at 2,700 rubles, which is enough to initiate a case. In practice, there are cases when victims do not agree with the assessment. Then the court establishes the true value of the stolen property - if necessary, a repeat examination is ordered, witnesses are questioned, etc.

Most often, an appraisal examination is carried out on a seized item, but what if the stolen property is not found? Then experts make a conclusion about the valuation of the stolen item based on a comparative analysis of similar goods and their prices on the service market on the day the theft occurred.

It is important to understand that a sufficient amount to initiate a case under Part 1 of Art. 158 of the Criminal Code of the Russian Federation, must exceed, and not be equal to, 2500 rubles . That is, criminal liability begins with the secret theft of 2,501 rubles. Theoretically, it could be 2500 rubles. 05 kopecks, but such situations have not been encountered in judicial practice.

Question: Does criminal liability arise if the amount stolen is less than 2,500 rubles?

No , in this case the thief will face administrative liability under Art. 7.27 of the Code of Administrative Offenses of the Russian Federation in the form of a fine, compulsory labor or administrative arrest. If the value of the stolen property is 2500 rubles. (no more and no less), this is also a basis for liability under the specified norm of the Code of Administrative Offenses of the Russian Federation.

Question: It turns out that criminal proceedings cannot be initiated against thieves who steal for an amount less than 2,500 rubles?

According to the first part of Art. 158 of the Criminal Code of the Russian Federation - indeed, this is impossible, but in 2016 Article 158.1 of the Criminal Code of the Russian Federation was introduced into the Criminal Code of the Russian Federation, which provides for criminal liability for those who have been repeatedly prosecuted for petty theft in the amount of 1,000 rubles to 2,500 rubles.

In addition, in the case of a theft with additional signs (for example, with the sign “from the premises”, “from a bag in the presence of the victim”, “with penetration into the home”), the amount of damage for criminal prosecution does not matter: it can be less than 2500 rubles, but not less than 1000 rubles. That is, if there are additional qualifying characteristics and the act is defined under parts 2,3,4 of Art. 158 of the Criminal Code of the Russian Federation, then the amount of damage may be less than 2,500 rubles, but more than 1,000 rubles.

Example No. 2 . At a bus stop, a thief stole a woman’s wallet from a bag lying on a bench; it contained 1,300 rubles. He was charged under Art. 7.27 of the Code of Administrative Offenses of the Russian Federation, since in the absence of additional signs the damage is less than 2,500 rubles.

Example No. 3 . The same thief stole a wallet from a bag on the woman’s shoulder; the damage amounted to the same 1,300 rubles. The actions of the pickpocket were qualified under paragraph “g” of Part 2 of Art. 158 of the Criminal Code of the Russian Federation as theft from a bag that is with the victim, and despite the amount being less than 2,500 rubles, taking into account the additional criterion, this is not administrative, but criminal liability.

Part 2

In part two of Art. 158 of the Criminal Code of the Russian Federation provides for liability for theft committed with causing significant damage to a citizen. According to the law, this qualifying feature cannot be incriminated if the amount stolen is less than 5,000 rubles . According to the clarifications of the Supreme Court of the Russian Federation, courts need to find out what the total family income is in order to confirm the sign “causing significant damage to a citizen.” In practice, there are cases in which the same amount of theft can be a significant loss for one victim, but not for another.

Example No. 4 . Konovalov A.S. a purse containing 6,000 rubles was stolen from the car. Konovalov stated that the damage in the amount of 6,800 rubles (money + the cost of the purse) is significant for him, since his monthly income is 20,000 rubles and he has loan obligations. The court found the thief guilty under paragraph “c” of Part 2 of Art. 158 of the Criminal Code of the Russian Federation, that is, for theft causing significant damage.

Example No. 5 . A construction worker carried out building materials worth 6,800 rubles from a country house. Taking into account the high income of the family living in the house, which amounted to several million rubles per month, this amount was not considered significant damage, although it formally exceeded the lower threshold of 5,000 rubles. The culprit was convicted under Part 1 of Art. 158 of the Criminal Code of the Russian Federation, without qualifying features.

Thus, determining the significance of the damage caused is a sign that completely depends on the subjective perception of the circumstances by the victim, but a minimum amount of 5,000 rubles is taken into account. The damage must be equal to or exceed this value, only then can it be considered significant for the citizen. If property is stolen from an organization, significance is not determined, since this attribute applies only to the injured individual. Punishment under Part 2 of Art. 158 of the Criminal Code of the Russian Federation can reach 5 years of imprisonment.

Part 3

Part 3 Art. 158 of the Criminal Code of the Russian Federation provides for liability for theft in an amount exceeding 2,500,000 rubles to one million rubles. Damage equal to an amount within the mentioned framework is called major and does not depend on the opinion of the victim on this matter. For qualification under the third part, it does not matter whether it is significant.

Example No. 6 . Kirillov R.P. I often used the bank card of my uncle, who was seriously ill, but always with his permission. Once Kirillov needed money because of gambling debts, he withdrew half a million rubles from his uncle’s card. A criminal case was opened, Kirillov’s actions were qualified under paragraph “c, d” of Part 3 of Art. 158 of the Criminal Code of the Russian Federation as committing theft from a bank account (point “d”), on a large scale (point “c”). At the trial, the uncle made a statement that he forgives his nephew and considers the damage caused to be not significant for himself. The victim’s opinion was taken into account when sentencing, but the qualifying feature “large amount” remained, since the amount exceeded 250,000 rubles.

The example shows that Kirillov’s actions were qualified under two points of the second part of Article 158 of the Criminal Code of the Russian Federation. According to the rules of criminal law, there can be several points at the same time if they correspond to the circumstances of the crime committed. For example, theft can be committed from a premises, by a group of people, causing major damage, etc. All these signs can be charged to the accused at the same time. The crime under Part 3 of Art. 158 of the Criminal Code of the Russian Federation, belongs to the category of serious ones, the punishment for it can reach six years in prison.

Part 4

Under Part 4 of Article 158 of the Criminal Code of the Russian Federation, criminal liability arises for theft, starting from an amount of damage exceeding one million rubles and ad infinitum. This is an even more dangerous crime, which can be punishable by up to 10 years in prison.

Fixed values for large and especially large damage (250,000 and 1,000,000 rubles) are used in the criminal code for all types of theft, with the exception of a few.

In what amounts is the amount of damage expressed?

Causing harm or theft of property exceeding 250 thousand is a large sum for the victim.

For Article 158 of the Criminal Code of the Russian Federation, significant damage is considered to be theft of an amount of more than 5 thousand. Solid or especially significant damage in criminal law is 250 thousand or 1 million, respectively.

If we consider in detail the possible scale of losses caused under all points of Art. 159 of the Criminal Code parts 5, 6 and 7 (for fraud), punishable by penalties of the Criminal Code, then significant damage under the UKRF will amount to more than 10 thousand rubles. Large and especially large damage exceeds 3 and 12 million rubles.

The impressive amount of material damage under Art. 159.6, 159.5 and 159.3 is considered an amount of 1.5 million rubles, and a particularly large amount is 6 million.

Theft

The concept of damage (in criminal law) is a dependent category.

Theft is understood as the gratuitous, unlawful seizure of material assets from the victim by a criminal. Theft is carried out, as a rule, either in the presence of the injured party, or in secret from it.

Since the degree of punishment and the amount of compensation depend on the magnitude of the harm caused, it is worth paying special attention to the qualifying features of the crime. Theft in an amount of at least 1 thousand rubles is criminally punishable; for amounts of damage below the minimum, penalties are applied in accordance with the Code of Administrative Offences.

The qualifying features of a criminal act include:

The size of the malicious actions caused.
Organized theft carried out by a group of persons.
Unauthorized entry of criminals onto property.
Preliminary conspiracy.
Large and particularly significant losses.
Confiscation of real valuables from the victim’s luggage.

Possible fines and terms for committing theft are clearly stated in the Criminal Code of Russia. Only an amicable agreement with the injured party and the presence of mitigating circumstances can influence the extent and severity of the crime.

Robbery

This term implies: “taking possession of someone else’s property in broad daylight with the possibility of using physical force.” Legally, a robbery can have an unfinished or completed status, depending on whether the criminal was able to use the things, documents, money, and valuables taken from the victim or not. The status of the criminal act influences the decision made by the court.

Aggravating circumstances of robbery:

Unlawful entry of a criminal into private property.
The actions of a group of people in a pre-agreed manner.
Robbery using physical force that resulted in loss of life or health.
The large-scale value of losses is from 250 thousand to 1 million rubles, in banking or insurance organizations - one and a half million rubles.

Since robbery is a more blatant and deliberate form of theft, then, accordingly, the penalties for those who dare to commit it are more serious than for criminal acts under Art. 158 of the Criminal Code.

Robbery

Organizing a robbery attack, that is, taking material assets using force, unlike a previous criminal act, is almost always associated with grave consequences for the life and health of the victim. And in this case, it will not be so easy for the guilty party to achieve reconciliation with the victim’s side by handing over a bribe with the wording “for compensation for moral costs.” Because there is no universal answer to the question, how much is human life and health worth?

Aggravating circumstances of this type of crime include:

Unlawful entry into private property.
The threat or fact of using weapons and violence against the victim of the incident.

Robbery carried out by an organized community of criminals on a particularly large scale or causing harm to the vital functions of the victim’s body is punished more severely than all others.

Regardless of the severity of crimes punishable by penalties, information on the possible meaning of penalties for causing harm in any amount is contained in the Russian Crime Code, as amended and supplemented for the current year. The only thing that should be additionally mentioned is that the death of the victim as a result of unlawful actions classified as Art. 159 of the Criminal Code, reclassifies the criminal act for consideration of the case under Art. 162 of the Criminal Code of Russia, as “robbery”.

It is important to know that when repeated, each individual episode is charged separately, and the amount of theft is determined based on the value of the property that the perpetrator took possession of separately for each episode. In the case of a continuing crime, the total amount of the stolen goods is charged, regardless of the number of stages of theft.

How is the amount of damage determined in conditions of instability of the domestic currency?

In various by-laws, as well as the Letter of the Plenum of the Supreme Court, analyzing the judicial practice of office work on robberies, robberies and thefts, one can find the following rules establishing the procedure for determining the amount of damage.

The amount of damage is determined by the value of property assets on the date of theft.
If there is no information about the value of stolen material assets, the investigation turns to experts and makes an assessment based on their findings.
The amount of damage caused by theft that must be compensated is determined based on the calculation of the value of property assets at the time of the court decision. It is possible to carry out indexation to the date of execution of the court decision, if such a need arises.
For historical, artistic and scientific values there is a separate procedure for calculating the cost. It is determined on the basis of the findings of the examination, which indicates their significance and cost.
If disagreements arise, an independent third-party examination is invited.

Seven facts in the article that you should pay attention to:

On July 3, 2017, amendments were made to the Criminal Code of Russia that significantly changed the amount of damage, if exceeded, liability arises as a result of theft or fraud in business activities.
If damage amounts to 5 thousand rubles. criminal liability arises. If the amount of damage is less - administrative.
Persons convicted of damages caused by theft or fraud in business activities have the right to file petitions asking for release or a reduced sentence.
In accordance with amendments made in 2016 to Article 76.1 of the Criminal Code of Russia, it is possible to commute the punishment or cancel it if four criteria are met, for example, compensation for the damage caused before the investigation begins.
The amount of damage caused by robbery, robbery or theft is determined by the value of property assets on the date of the commission of the criminal act. If necessary, an appropriate examination is prescribed.
The 2016 amendments to the Russian Criminal Code introduced a gradation of the amount of damage into “large” (more than 250 thousand rubles) and “especially large” (more than 1 million rubles).
Designations such as “minor” or “significant” damage are not used in the legal field and are used only in everyday life.

A good criminal lawyer will help you understand the current situation, choose the right course of action and defend the interests of your client.

Definition of fraud and possible extent of harm under the Criminal Code of the Russian Federation

One of the most common and therefore dangerous methods of theft is the method using fraudulent schemes. The concept of “fraud”, defined in Part 1 of Art. 159 of the Criminal Code, means the illegal seizure of the right to the property of citizens through abuse of someone else's trust and deception.

Based on the definition of fraud, it is clear that its main feature is deception. This distinguishes it from the definition of “damage in criminal law”. Typically, deception involves reporting false information or information, misleading citizens, or keeping silent about facts that a person was obliged to provide to the victim. Without sensing the underlying reason, the citizen personally transfers the property to the scammers, mistakenly believing that the latter have the right to it.

In ch. 22 of the Criminal Code of Russia determines the amount of damage. There, the magnitude of a particularly large loss caused is in the millions. In paragraphs 158 to 165 of Chapter 21 of the Criminal Code of the Russian Federation, the damage varies from 250 thousand to 1.5 million rubles, which is considered significant for the majority of citizens of the country.

Forms and types of fraud, as well as areas of crime with the possibility of theft in significant amounts.

Deception comes in the following forms:

carried out using forged documents (for illegal receipt of pensions, cash payments and regular benefits);
falsification of transactions related to electronic money is used (transfer of amounts for personal use using fictitious agreements, contracts for the provision of services);
concealment of circumstances.

The damage depends on the types and forms of crimes. So, for fraud on a significant scale, estimated at 1.5 million rubles.

It is possible:

in the credit or insurance sector;
in the field of Internet banking (online payments using plastic cards);
in the field of computer technology;
in the field of entrepreneurship;
in real estate.

Regardless of the form and industry in which deception and fraud is carried out, criminals must be punished.

Fraud elements and their features

Let's look at each of them.

Large size

If the fraud is committed on a large scale, then how much is it in monetary terms? The law established that large-scale theft would be damage in the amount of 250,000 rubles. This amount applies to part 3 of the article.

The severity of the punishment for committing large-scale fraud is noticeably inferior to the sanctions of Part 4 of the article. Sanctions range from a fine of 150 thousand rubles to a prison term of 6 years with a fine.

In a particularly large size

What exact amount does the law consider to be fraud committed on an especially large scale?

A criminal act can be classified in this category if the victim loses one million rubles. For a person committing fraud on an especially large scale, a term of imprisonment of up to 10 years, including a fine, is provided.

Attention! For the specified parts of Article 159, the amount is determined by the last part of Note 1 to the article on Theft.

Perfect in extra large size

It is worth noting that the previously discussed solutions to qualification problems also apply to grand theft.

If a person commits theft (theft) of property on an especially large scale (clause “b” of Part 4 of Article 158 of the Criminal Code of the Russian Federation), the cost and amount of which exceeds 1 million rubles, then he will face the following punishment (including imprisonment for a certain period) :

Fine	Forced labor	Deprivation of liberty
Not provided	Not provided	Up to 10 years Optional: fine up to 1 million rubles (or in the amount of the convicted person’s income for a period of up to 5 years) Restriction of freedom for up to two years.

Since the sanction is quite severe and such a crime is classified as serious, defendants during the trial must use all opportunities to mitigate the punishment, among which are:

pregnancy,
presence of young children,
the crime was committed due to coercion (mental or physical,
other circumstances listed in Article 61 of the Criminal Code of the Russian Federation.

The court also takes into account the confession and how actively the accused contributed to solving the crime: did he talk about accomplices, did he help in the search for stolen property. And finally, the defendant must repent of his actions.

Group of persons

This section will consider the qualification of theft on an especially large scale by several persons (a group of persons, a group by prior conspiracy, or an organized group).

Important! According to paragraph 2 of paragraph 25 of PPVS No. 29, it is important to take into account the total amount of property stolen by all participants.

Thus, the Central District Court of the city of Novokuznetsk sentenced S.O. Kildyayev is guilty of committing a number of crimes, including theft on an especially large scale, committed by a group of persons by prior conspiracy.

Kildyaev agreed in advance with his acquaintances to steal cars. The accomplices assigned roles: Kildyaev had to orient everyone to the area, during the break-in, make sure that there were no patrolling police officers or passers-by nearby, scan and turn off the alarm with a special device, and then accompany the “colleagues” who were moving the car to Kildyaev’s garage for temporary storage .

In one of the episodes, not only a car was stolen, the cost of which was 1 million 100 thousand rubles, but also several packs of office paper, women's shoes, a kettle, as well as cash (25 thousand rubles). The total cost of the stolen goods was 1,139,505 rubles, which is a particularly large amount.

The Supreme Court explained that assisting in the seizure of a theft is co-execution (paragraph 10 of the PPVS No. 29), therefore, in this case, the court correctly found Kildyayev guilty of committing theft on an especially large scale by a group of persons by prior conspiracy.