ST 325 of the Criminal Code of the Russian Federation.
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.
Commentary to Art. 325 Criminal Code
1. The three elements of crime provided for in different parts of the commented article have differences in subject, objective and subjective aspects.
2. Signs of the first main composition (Part 1): a) subject - official documents, the characteristics of which, in contrast to Art. 324 of the Criminal Code is not specified by an indication of the granting of rights or exemption from obligations, as well as seals and stamps that are intended for making impressions on documents. The stamp is usually placed in the upper left corner of the document and carries a notification load. The seal is intended to certify the authenticity of the document and is placed next to the signature of the official; b) act in the form of an action - alternatively theft, destruction, damage, concealment. Theft is formed by the seizure and (or) circulation of an object in favor of the perpetrator or other persons. Destruction is an action leading to the fact that an object becomes unidentifiable. Damage means causing harm to an object, which, as a general rule, precludes its intended use. Concealment constitutes concealment of an object, causing the impossibility of its use by interested persons; c) the presence of selfish or other personal interest (to obtain a certain material benefit, to take revenge on an official, to facilitate the commission of another crime, etc.).
3. The second and third main compositions are characterized by: a) special items. In Part 2, this is alternatively a passport (general civil, foreign, diplomatic, official, sailor) or other important personal document. The importance of a document is determined in each specific case based on the fact that it confirms the rights of its owner or contains information about him, except for information that constitutes his personal or family secret. Part 3 includes excise stamps, special stamps and marks of conformity protected from counterfeiting (see commentary to Article 171.1 of the Criminal Code); b) an act consisting of theft of the named objects. Their subsequent destruction, damage or concealment does not require additional qualifications; c) one sign of the subjective side - direct intent. For qualification under Parts 2 and 3 of Art. 325 of the Criminal Code, it must be established that the person was aware of the properties of the stolen items and wanted them out of the possession of the owner (possessor).
Subject of the crime
As you know, the subject of a crime refers to people and things that were directly targeted by the criminal act. Within the meaning of part of the first norm under consideration (criminal law), these include seals and stamps, as well as official documents. Let us indicate what exactly is meant by this formulation.
A print is a printing form containing graphic symbols (images, drawings or text) that is used to make prints on paper or other surfaces. The details reflect the name of the organization, a drawing or logo, and it is possible to use the coat of arms of the Russian Federation. Stamps are also printing forms, but differ in content. They are marked with the full name of the institution, its legal address, the originating document number and its date.
It should be remembered that actions carried out with the listed items (seals and stamps, official documents) belonging to non-state institutions do not constitute a crime.
Second commentary to Art. 325 of the Criminal Code of the Russian Federation
1. Article 325 of the Criminal Code contains three independent elements of crime.
Part 1 provides for liability for encroachment on items of the organizational management system - stamps, seals, excise stamps and marks of conformity. Part 2 provides for liability for the theft of a citizen’s passport or other important personal document. Part 3 contains signs of another independent crime - the theft of excise duty stamps, special stamps or marks of conformity protected from counterfeiting.
2. Subjects of the crime provided for in Part 1 of Article 325 of the Criminal Code.
Official documents - see: commentary on Article 324 of the Criminal Code.
Stamps are a manual printing form used in the production of documents, intended for the production of impressions. Mandatory features of the stamp are the details of the subject, the date of issue and document number, and the purpose of the stamp. Seals are cliches with cut-out signs indicating the details of an enterprise, institution or organization.
The shape of seals and stamps does not matter. Their significant difference depends on their purpose. Stamps are objects that define the characteristics of the subject of management and confirm the inclusion of a document in office work. Seals not only determine the characteristics of the subject of management, but also confirm the legitimacy of the document and certify the legal significance of the information contained in it.
3. The objective side of this crime is characterized by alternative signs - theft, destruction, damage, concealment.
The theft of the above items consists of unlawful, gratuitous seizure of them (withdrawal or conversion for one’s own benefit or the benefit of others). The form of the abduction does not matter for the objective side of the crime in question.
Damage to these items consists of bringing them into a state unsuitable for their intended use.
Concealment of official documents, stamps or seals consists of performing such actions as a result of which these items are withdrawn from official circulation and become inaccessible (or difficult to access). This crime is completed from the moment any of these actions are committed.
4. Its subjective side is characterized by direct intent.
5. The subject of the crime is a person who has reached the age of 16 years.
6. Part 2 art. 325 of the Criminal Code provides for liability for the theft of a citizen’s passport or other important personal document.
A passport is an official document of the established form that identifies a citizen. Another important personal document is any personal document, the presentation of which gives a person rights or relieves him of obligations, and also has another legal meaning, since it determines the person’s position in civil, family and other legal relations. Such documents include, for example, a military ID, a document on education, a promissory note, a letter acknowledging paternity, a certificate of marriage (or divorce), and others.
7. The objective side of this crime is limited to the sign of theft of a document from a citizen. This feature distinguishes it from the objective side of the crime provided for in Part 1 of Art. 325 CC. For example, the theft of an official document such as a passport, along with other official documents, from the premises of the passport department of the Ministry of Internal Affairs is a crime containing signs of an act provided for in Part 1 of Art. 325 of the Criminal Code of the Russian Federation. The theft of a passport that is with a citizen or from his apartment is qualified according to Part 2 of Art. 325 CC.
8. The subjective side is characterized by direct intent.
9. The subject of the crime is a person who has reached the age of 16 years.
10. Part 3 of Article 325 of the Criminal Code. An excise tax stamp (excise stamp) is a document certifying the payment of the tax when importing alcohol and tobacco products, jewelry, gasoline, cars and certain types of mineral raw materials into the territory of the Russian Federation. A special mark is a document intended for marking certain types of products and services produced in the Russian Federation. Mark of conformity is a sign registered in the prescribed manner, which confirms the compliance of the products marked with it to state standards.
11. The objective side of this crime in its content does not differ from the content of the objective side of the crime provided for in Part 2 of Art. 325 CC.
12. The subjective side is characterized by direct intent.
13. Subject - a person who has reached the age of 16 years.
Characteristics of the objective side
The objective side, that is, the specific external manifestation of a criminal act, according to the first article under study, may consist of one of the actions listed below.
- Theft of stamps, seals and official documents, that is, their removal (gratuitous and illegal) from the circulation of documentation and transfer to the benefit of the guilty person.
- Destruction of the items listed above, in other words, their destruction, which is irreversible and makes it impossible to identify them, as well as use them for their intended purpose in the future.
- Damage to seals, stamps and official documents is damage to items that makes it difficult to use them for their intended purpose. This could be damage to the image, equipment, adding extraneous entries, etc.
- Concealment, that is, concealment of these items, which does not allow them to be used for their intended purpose.
A crime qualified under Art. 325 of the Criminal Code of the Russian Federation is considered completed at the moment when one of the above actions is committed.
Qualification by article
The objective side is kidnapping, and the use of violence in the process will be classified according to the totality of crimes, namely, what is provided for by the norm in question of the Criminal Code of the Russian Federation and depending on the severity (nature, consequences) of the harm caused). The situation is similar if a document is stolen in order to then use it to commit another criminal act. In this case, the totality will consist of Art. 325 and preparations for another crime, for example, this could be Art. 30 and 159.1 of the Criminal Code of the Russian Federation.
If a prescription or other document issued in accordance with all the rules for obtaining narcotic drugs or psychotropic substances was stolen, and then it was forged, then these actions are qualified in their entirety - the article under study and Art. 233 of the Criminal Code of the Russian Federation.
The subjective side of parts 2, 3 of the article under study is expressed by direct intent. To qualify a crime under Part 2, it is necessary that the person understands that he is stealing not a simple, but an important document, and wants to steal it. If the main motive was any personal items (purse, wallet, etc.), and, for example, a passport or driver’s license was accidentally included with them, then the crime is not subject to qualification under Article 325.
What to do, how to restore?
In situations where documents are discovered missing and there is reason to suspect that it is theft, the first step is to write a statement to the police. This is important not only in order to have a chance to find and punish the criminal, but also in order to protect yourself from scammers who have the opportunity to take advantage of stolen papers. By filing a statement with the police, the owner records the date the theft was discovered. In this case, suspicion of all criminal actions that will occur after the date of registration of the application will not fall on the victim of the actions of the thieves.
What to do if your passport is stolen:
- apply to the nearest police department and receive a notification coupon about accepting information about the crime;
- apply to the department of the Ministry of Internal Affairs at the place of registration to receive a new passport. There you will need to write an application, provide the notification coupon that was received earlier, a document confirming payment of the state fee and photographs. If special marks on military duty, marriage registration or divorce, birth of children, registration at place of residence are required in the new passport, confirmation is provided;
- obtain a temporary identity card from the local department of the Ministry of Internal Affairs.
Note!
Having a stolen passport, attackers can take out a loan, microloan, etc., including via the Internet. It is very difficult to prove that this was not done by the real owner of the passport. If it cannot be proven that someone else’s passport was used for criminal purposes, the obligation to pay the money taken by the criminal and the interest set by the lender will remain.
What to do if accounting documents are stolen:
- report the theft to the police. It should contain a detailed list of stolen papers. The department of the Ministry of Internal Affairs will issue a coupon notification of acceptance of the message;
- Police officers must be called to the crime scene immediately if there is the slightest chance that traces can be recorded (for example, if documents are stolen from a safe, an accountant’s office, etc.). The police will draw up a report, a copy of which will be given to the applicant;
- send an application to the tax office (preferably directly to the one that supervises the organization, individual entrepreneur). The application contains information about the missing documents and encloses copies of documents documenting the theft received from law enforcement agencies;
- restore stolen documents through appropriate requests to the tax office, counterparties, and through the organization’s auditors.
What to do if your car papers are stolen:
- report the theft to the police department and receive a notification coupon that the message has been received;
- contact the traffic police and write an application for restoration of the registration certificate, driver’s license, attach a receipt for payment of the state duty. Immediately obtain a document giving the right to temporarily drive a vehicle;
- To receive official copies of documents for compulsory motor liability insurance and motor insurance, you must make a request to your insurance company.
What to do if documents for an apartment are stolen:
- apply to the police department and receive a notification coupon that the application has been accepted;
- in situations where a transaction has been planned or there is reason to suspect that fraudulent actions may be committed with the apartment, contact Rosreestr, providing a copy of the notification coupon from the police;
- To obtain official copies of title documents for an apartment, you should write an application to Rosreestr, attaching a receipt for payment of the state duty.
Note!
The presence of a thief's certificate of registration of ownership of your apartment will not allow him to make an official transaction with the housing.
Characteristics of the subject and subjective side
The subject of the criminal act in this case is determined in accordance with Art. 19, 20 of the Criminal Code of the Russian Federation. He is a physical person. face. It must be sane and over 16 years old.
The subjective side, that is, the mental, internal attitude of a person (the perpetrator) to the crime he himself commits, is characterized by intent (direct) and selfish or other personal interest (special motives). As a rule, self-interest involves the subsequent sale (sale) of stolen items. For a criminal, personal interest may be expressed in the desire to obtain personal benefits. For example, benefits for admission to an educational institution, for additional leave, obtaining sick leave, etc.
Theft of excise stamps
Special or excise duty stamps are government reporting documents that certify the legality of production and subsequent circulation in the Russian Federation of certain types of products (alcohol, tobacco, etc.).
The mark of conformity is registered in the prescribed manner; it confirms the conformity of the product marked with it to the established requirements according to the rules that are approved in each specific certification system.
If only their abduction occurs, then this criminal act falls under the provisions of part three of Art. 325 of the Criminal Code of the Russian Federation. However, sometimes such actions may have other hidden intentions. Thus, the theft of stamps (special or excise duty), as well as marks of conformity for the purpose of subsequent illegal marking of certain groups of goods with them and their further sale on the market is qualified under Part 3 of Art. 325, art. 3271 of the Criminal Code of the Russian Federation, if unlabeled products are produced or sold, then under Art. 1711 of the Criminal Code of the Russian Federation.
