1. Theft, destruction, damage or concealment of official documents, stamps or seals, committed out of mercenary or other personal interest, is punishable by a fine in the amount of up to two hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to eighteen months, or by mandatory labor for a term of up to four hundred eighty hours, or correctional labor for a term of up to two years, or forced labor for a term of up to one year, or arrest for a term of up to four months, or imprisonment for a term of up to one year.
2. Theft of a citizen’s passport or other important personal document is punishable by a fine in the amount of up to eighty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to six months, or by compulsory labor for a term of up to three hundred sixty hours, or by correctional labor for a term of up to one year, or arrest for up to three months.
3. Theft of excise stamps, special stamps or marks of conformity protected from counterfeiting is punishable by a fine of up to two hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to eighteen months, or by forced labor for a term of up to two years, or by imprisonment. for the same period.
Passport theft as a special case
Did something happen to you - your passport was stolen? Don’t despair, our specialists will tell you what actions to take and where to go.
Initially, you should contact law enforcement agencies and write a statement in any form, but be sure to indicate the following points:
- name of the body to which the application is submitted, full name and the position of manager;
- your data (full name, residential address, contact phone number, etc.);
- describe in detail the circumstances when the theft occurred;
- sign the application and indicate the date.
After this, you will be given a coupon confirming the registration of the application. When it is confirmed that your document has indeed been stolen, a criminal case will be initiated.
Note!
To protect yourself from possible negative actions of attackers, you need to file a police report as quickly as possible.
Next, contact the territorial department of the Ministry of Internal Affairs or the MFC to apply for a new passport. These bodies must be provided with a basic package of documents, which include:
- application form for issuing a passport;
- issued police ticket;
- statement of theft;
- a document confirming payment of the state duty;
- three photographs of the citizen (including an additional one for issuing a temporary certificate).
Additional papers may also be required:
- certificate of registration and divorce;
- birth certificate of children under 14 years of age;
- military ID for serving in the RF Armed Forces;
- certificate of your place of registration.
Note!
During the period while a new passport is being prepared (up to 2 months), you should be issued a temporary certificate.
The administrative regulations establish the following deadline for issuing a new passport:
- 10 days when writing an application at the applicant’s place of registration;
- 2 months if a set of documents with the application were submitted to another department.
If your passport was stolen abroad, immediately contact the Russian Consulate.
Commentary to Art. 325 of the Criminal Code of the Russian Federation
The object of this crime is the established procedure for the circulation of official documents, stamps, seals, excise duty stamps, special stamps or marks of conformity.
The subject of the crime is: official documents, stamps and seals (Part 1); passport and other important personal documents (part 2); excise duty stamps, special stamps or marks of conformity protected from counterfeiting (Part 3).
The concept of an official document was discussed above.
Stamp and seal are printing forms that are used to make impressions on documents. The stamp is intended for making an impression on paper and is most often placed in the corner of the document and has the shape of a square. The contents of the stamp include the name of the legal entity, its legal address, but other information may also be included. A seal is a special form with a raised or in-depth image of text and a symbol of a legal or natural person. Like a stamp, printing is primarily used to make impressions on paper, but it can also be used to make impressions on other materials, such as wax. The official seal is a round seal with the image of the coat of arms of the Russian Federation and the name of the legal entity. Samples of seals and stamps are approved by by-laws.
Within the meaning of the criminal law (Part 1 of Article 325 of the Criminal Code of the Russian Federation), criminal liability arises for the destruction of not all documents, but only official ones that define any powers of institutions, organizations, associations, and not individuals.
The objective side of the crime provided for in Part 1 of Art. 325 of the Criminal Code of the Russian Federation, consists of the following alternative actions: theft, destruction, damage or concealment of official documents, stamps or seals committed out of selfish or other personal interest.
Theft refers to the illegal removal and possession of specified items, which can be committed in any way (theft, robbery, robbery, extortion, fraud). However, if a violent method is used during the abduction, the act must be qualified in conjunction with the corresponding crimes against the person. Destruction is the destruction of the subject of a crime, in which its restoration and use for its intended purpose is impossible. Damage is partial destruction. If damaged, the subject of the crime can be restored and used for its intended purpose. Concealment of official documents, stamps or seals is the concealment of objects, excluding the possibility of their use by authorized persons for their intended purpose. When concealing the subject of a crime, it does not leave the possession of the authorized person, but is placed in a place (storage) in which the specified person cannot detect it. This circumstance distinguishes concealment from abduction.
The corpus delicti under Part 1 of Art. 325 of the Criminal Code of the Russian Federation, according to the design of the objective side, it is formal. The crime will be completed from the moment the actions specified in the law are committed.
The subjective side of the crime is characterized by direct intent. A mandatory feature of the subjective side of this crime is the presence of selfish or other interest. Self-interest involves obtaining material benefits. Other personal interests can have various manifestations: the desire to harm a certain person, to take revenge, to get a promotion, to benefit from a non-property nature, etc.
The general subject of the crime is a sane person who has reached the age of sixteen.
Part 2 of Art. 325 of the Criminal Code of the Russian Federation establishes liability for the theft of a citizen’s passport or other important personal document.
The subject of this crime is a passport or other important personal document.
The passport was put into effect by Decree of the President of the Russian Federation of March 13, 1997 N 232 “On the main document identifying the identity of a citizen of the Russian Federation on the territory of the Russian Federation.”
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NW RF. 1997. N 11. Art. 1301.
Passport details are determined by Decree of the Government of the Russian Federation of July 8, 1997 N 828 “On approval of the Regulations on the passport of a citizen of the Russian Federation, a sample form and description of a passport of a citizen of the Russian Federation.”
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NW RF. 1997. N 28. Art. 3444.
The concept of other important personal documents is not defined by law, but judicial practice recognizes as such a military ID, birth certificate, driver’s license, registration certificate and vehicle technical condition passport, diploma, certificate, etc.
The objective side of this crime is expressed in the action of kidnapping.
The theft of a passport and other important personal documents is correctly qualified under Part 2 of Art. 325 of the Criminal Code of the Russian Federation, and upon the subsequent destruction of documents, no additional qualifications are required, since the corpus delicti of theft of documents also covers the subsequent disposal of the stolen property, including its destruction.
The subjective side is expressed by direct intent, but unlike the crime provided for in Part 1 of Art. 325 of the Criminal Code of the Russian Federation, the motivation of behavior does not matter for the existence of a crime.
The general subject of the crime is a sane person who has reached the age of sixteen.
The theft of excise duty stamps, special stamps or marks of conformity protected from counterfeiting is also included as an independent crime (Part 3 of Article 325 of the Criminal Code of the Russian Federation). The concept of these items is revealed in the analysis of Art. 171.1 of the Criminal Code of the Russian Federation.
The difference between this crime and the theft of a passport or other important personal document lies only in the subject of the crime.
It is determined in accordance with a number of decrees of the Government of the Russian Federation regulating the use of excise duty stamps, special stamps or marks of conformity, for example, Resolution of the Government of the Russian Federation of September 4, 1999 N 1008 “On excise duty stamps”, Rules for labeling excisable goods approved by Government Resolution RF dated April 20, 2000 N 355 “On introducing amendments and additions to the Decree of the Government of the Russian Federation dated September 4, 1999 N 1008 and approving the Rules for labeling excisable goods” and other regulatory legal acts.
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NW RF. 1999. N 37. Art. 4502; 2000. N 17. Art. 1884.
NW RF. 2000. N 17. Art. 1884.
Possible consequences of theft of a Russian passport
Passport theft will have a negative impact on the emotional state of the victim, and additional time will be required to restore the document. But besides this, other negative consequences may arise:
- criminals can take out a loan, thus in the future you will have to prove in court that your passport was lost, and you are not responsible for the actions of the scammers;
- thieves can obtain SIM cards for mobile phones and make calls threatening a terrorist attack, which will cause problems with law enforcement agencies.
The following types of fines may be imposed on the passport holder:
- 100-300 rubles for negligent storage of a document, even if the victim is not to blame for the loss (Article 19.16 of the Administrative Code of the Russian Federation);
- 2000-5000 rubles (this amount may differ for different regions) if he violates the 30-day deadline and does not report the theft to the police (Article 19.15 of the Code of Administrative Offenses of the Russian Federation).
It is in order to avoid negative consequences that you should file a complaint with the police as quickly as possible.
In what cases can you avoid liability for document theft?
There are comments to the article. Thus, according to Article 325 of the Criminal Code of the Russian Federation with commentaries, the public danger of theft is a violation of the order of official document flow in the company, as well as the rights of citizens mentioned in these documents. Any document conferring rights and obligations, or releasing them, issued by an authorized person or organization is considered official. Therefore, judicial practice does not consider papers, for example, test purchase acts, which were not drawn up by an official, as official.
Also read: Shoplifting - what is the punishment
IMPORTANT: The document thief will not be found guilty if:
- the documents were not used for personal gain, but were returned to their rightful owner voluntarily;
- the criminal himself came to the police station, admitted to committing the crime and handed over the stolen documents intact, without any damage;
- the kidnapper himself contacted the victim, voluntarily gave the documents to the owner and reached a peace agreement with him.
Punishment for passport theft - administrative or criminal
It can be said without reservation that passport theft is a criminal offense and falls under Art. 325 of the Criminal Code of the Russian Federation. The following types of punishment are provided for this act:
- fine up to 80 thousand rubles;
- compulsory work up to 360 hours;
- correctional labor for up to 1 year;
- arrest up to 3 months.
If you have any questions, please contact our lawyers using the feedback form or just call us. In the shortest possible time you will receive advice from competent specialists.
Article of the Criminal Code of the Russian Federation on theft of documents
Concealment, destruction, theft, theft of documents is an article of the Criminal Code of the Russian Federation - Article 325 of the Criminal Code of the Russian Federation. This action is considered illegal, which means it entails responsibility and punishment. It does not matter under what circumstances the crime was committed, punishment occurs even if the criminal hid the papers for some personal purpose.
The first part of the article provides data on the theft of seals, stamps and other official documents.
Official documents are papers that confirm any facts and/or events that have legal significance. In addition, such papers may provide rights or impose obligations. Official documents have a prescribed form and details. The latter may be on stamps and seals, so their theft also carries criminal liability.
For example, if a seal with its details was stolen from a large organization, the thief may face punishment up to one year in prison. It all depends on the circumstances in which the crime was committed and the goals of the criminal. Indeed, in one case, a person could inadvertently confuse the seals and take someone else’s with him, and in another, he could purposefully steal it in order to make transactions on behalf of the organization.
The second part of the article talks about the theft of a citizen’s passport or other personal documents.
Also read: What is the punishment for theft under Article 158 of the Criminal Code of the Russian Federation: features, judicial practice
Responsibility arises for the theft of a passport, not only a civil one, but also a diplomatic, service or sailor’s passport, as well as papers that perform the function of a passport. In addition, liability also arises for the theft of a driver’s license, work book, pension certificate, etc.
Did you know that if your passport is stolen, you may face a fine? It seems that this is some kind of absurdity, but it is really so. At the end of the article, circumstances due to which such a situation may occur are given.
The third part examines the theft by any means of excise and special stamps, marks of conformity and seals.
In case of their theft, criminal liability arises, which may entail punishment in the form of a fine of up to two hundred thousand rubles.
If the criminal himself admits to the theft and returns the stamps to their owner, then punishment can be avoided. Read more about this further.
if the document cost more than 2000 rubles
If the stolen document cost more than 2,000 rubles, much more serious liability arises - criminal liability.
Criminal liability for document theft
For the theft of a document worth more than 2,000 rubles, the following liability is provided:
- a fine of up to eighty thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to six months;
- compulsory work for a period of up to three hundred and sixty hours;
- or correctional labor for up to one year;
- or restriction of freedom for a term of up to two years;
- or forced labor for up to two years;
- or arrest for up to four months;
- or imprisonment for a term of up to two years.
Legislative regulation
1. Theft, that is, the secret theft of someone else’s property, -
shall be punishable by a fine in the amount of up to eighty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to six months, or by compulsory labor for a term of up to three hundred sixty hours, or by corrective labor for a term of up to one year, or by restriction of liberty for a term of up to two years. , or forced labor for a term of up to two years, or arrest for a term of up to four months, or imprisonment for a term of up to two years. (as amended by Federal Law dated December 7, 2011 N 420-FZ)
2. Theft committed:
a) by a group of persons by prior conspiracy; b) with illegal entry into the premises or other storage; c) causing significant damage to a citizen; d) from clothes, bags or other hand luggage that were with the victim -
shall be punishable by a fine in the amount of up to two hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to eighteen months, or by compulsory labor for a term of up to four hundred eighty hours, or by corrective labor for a term of up to two years, or by forced labor for a term of up to five years. with restriction of freedom for a term of up to one year or without it, or imprisonment for a term of up to five years with restriction of freedom for a term of up to one year or without it. (as amended by Federal Law dated December 7, 2011 N 420-FZ)
3. Theft committed:
a) with illegal entry into a home; b) from an oil pipeline, oil product pipeline, gas pipeline; c) on a large scale, -
You can almost always return an item!
The main thing is to know the procedure and use the law correctly. Get information for free from lawyers via chat (bottom right ↘️)
shall be punishable by a fine in the amount of one hundred thousand to five hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of one to three years, or by forced labor for a term of up to five years with or without restriction of freedom for a term of up to one and a half years, or imprisonment for a term of up to six years with a fine in the amount of up to eighty thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to six months or without it and with restriction of freedom for a term of up to one and a half years or without it. (as amended by Federal Laws dated December 27, 2009 N 377-FZ, dated March 7, 2011 N 26-FZ, dated December 7, 2011 N 420-FZ) (part three as amended by Federal Law dated December 30, 2006 N 283-FZ)
4. Theft committed:
a) an organized group; b) on an especially large scale, -
shall be punishable by imprisonment for a term of up to ten years with or without a fine in the amount of up to one million rubles or in the amount of the wages or other income of the convicted person for a period of up to five years and with or without restriction of freedom for a term of up to two years. (as amended by Federal Laws dated December 27, 2009 N 377-FZ, dated March 7, 2011 N 26-FZ)
notes. 1. Theft in the Articles of this Code means the illegal gratuitous seizure and (or) conversion of someone else’s property for the benefit of the perpetrator or other persons, committed for mercenary purposes, causing damage to the owner or other holder of this property.
2. Significant damage to a citizen in the Articles of this chapter, with the exception of part five of Article 159, is determined taking into account his property status, but cannot be less than five thousand rubles. (Clause 2 as amended by Federal Law dated 07/03/2016 N 323-FZ)
3. In the Articles of this chapter, premises are understood as buildings and structures, regardless of the form of ownership, intended for the temporary residence of people or the placement of material assets for production or other official purposes.
In the Articles of this chapter, storage means utility premises separated from residential buildings, areas of territory, pipelines, and other structures, regardless of the form of ownership, that are intended for permanent or temporary storage of material assets. (as amended by Federal Law dated December 30, 2006 N 283-FZ)
4. Large size in the Articles of this chapter, with the exception of parts six and seven of Article 159, Articles 159.1, 159.3, 159.5 and 159.6, is recognized as the value of property exceeding two hundred and fifty thousand rubles, and especially large - one million rubles.
