In business, there are situations when a company partner or chief accountant misappropriates funds or property entrusted to them. For example, a company leases a car, demands it back after some time, and the tenant does not intend to return someone else’s property. Or the accountant received a large sum for the report, but did not spend it on the company’s goals, but deposited the money into his own account. For these acts, the offender can be held accountable under Article 160 of the Criminal Code of the Russian Federation.
Composition of Art. 160 of the Criminal Code of the Russian Federation Misappropriation or embezzlement
Composition of Art.
160 of the Criminal Code of the Russian Federation Misappropriation or embezzlement implies, as mentioned above, the theft of property entrusted to the culprit. Signs of misappropriation or embezzlement are the fact of unlawful recourse to one's possession, use and disposal of someone else's property entrusted to the perpetrator, but not belonging to him by right of ownership. In this case, property refers to any objects of the material world, be it things, objects, values, or resources of material value. As with most offenses of theft of another person’s property, the severity of the crime committed and the qualifications depend on the amount of damage caused. In addition, there are qualifying features such as the commission of embezzlement or embezzlement by a group of persons by prior conspiracy, using official position and by an organized group, which also affects qualifications and, as a consequence, punishment. By category, part 1, Art. 160 of the Criminal Code of the Russian Federation refers to crimes of minor gravity and provides for imprisonment for up to 2 years, part 2 is medium, it already provides for a maximum penalty of imprisonment of up to 5 years, and parts 3 and 4 for serious crimes, since they provide for up to 6 and up to 10 years imprisonment respectively. CRIMINAL LAWYER call now: ☎ 8 (495) 532-75-40
What is meant by misappropriation and embezzlement in the field of entrepreneurial activity?
Embezzlement and embezzlement are two different forms of theft. Let's look at their characteristics.
What is appropriation?
Misappropriation is understood as the unlawful use of property for one’s own benefit without the consent of the principal.
The act has the following characteristics:
- property is transferred into the possession of another person legally;
- the property does not belong to him;
- the owner wants to return his property, but the offender does not give it back;
- the accused uses the item for personal purposes.
What is embezzlement?
Embezzlement is understood as the illegal disposal by a person of someone else’s property entrusted to him by transferring it to third parties.
The signs of the act are as follows:
- a person, under his own responsibility, received someone else’s thing legally;
- the embezzler acted contrary to the intentions of the owner;
- the money has been spent;
- someone else's property is transferred to a third party.
Distinctive features of the composition under Article 160 of the Criminal Code of the Russian Federation
If an item is transferred under guard, but the guard does not have the authority to own the property, then the act does not fall under Article 160 of the Criminal Code of the Russian Federation. Therefore, it is important that the thing be entrusted to the accused legally.
The term “entrusted” means that any thing is transferred to the guilty person by virtue of:
- job responsibilities;
- official position;
- labor relations;
- civil contract.
The act is expressed in deliberate actions committed for selfish purposes.
To qualify a crime, it matters what damage is caused to the victim, which is calculated in:
- significant amount - amount from 5,000 rubles;
- large size - amount from 250,000 rubles;
- especially large amounts – amount from RUB 1,000,000.
If a criminal case has been initiated against you under Article 160 of the Criminal Code of the Russian Federation, we recommend that you find an experienced lawyer in a timely manner. He will help prove the absence of a crime and find mitigating circumstances.
Under what circumstances may charges under Art. 160 of the Criminal Code of the Russian Federation Misappropriation or embezzlement
Under criminal liability under Art. 160 of the Criminal Code of the Russian Federation can include actions ranging from a courier of a small online store to a manager of a large corporation, right up to an official or head of a government agency. enterprises. That is, the subject of the crime must be an official, or an employee, an employee - this is the first sign. This official must be entrusted with inventory assets - property, money, etc. That is, the subject of the crime must have at his disposal or possession the values entrusted by the employer; this is the second sign. And theft, that is, turning into one’s own property, possession and use, or embezzlement, that is, sale, with the subsequent appropriation of the proceeds for oneself, donation, transfer to other persons, the subject of the crime of such property forms the composition of Art. 160 of the Criminal Code of the Russian Federation. Examples from real life of misappropriation or embezzlement include, for example, the theft by a watchman of property he is guarding from a warehouse, the sale by a watchman of warehouse property, or the misappropriation by a courier of an online store of goods delivered to the buyer, or of money received from the sale of such goods. Among officials, misappropriation or embezzlement is committed with state or municipal property.
Part four
The crimes provided for in parts 1-3 of the article in question, committed by members of an organized group or on an especially large scale, carry up to 10 years in prison. An additional fine of up to 1 million rubles may be imposed. or in the amount of income/salary for three years, as well as restriction of freedom for up to 2 years. The final sanctions are at the discretion of the court.
Lawyer under Art. 160 of the Criminal Code of the Russian Federation Misappropriation or embezzlement in Krasnogorsk
Lawyer under Art. 160 of the Criminal Code of the Russian Federation Embezzlement or embezzlement in Krasnogorsk will analyze the circumstances of the crime being charged, assess what evidence can support the accusation, give the defendant recommendations on what line of defense should be followed and help develop defensive tactics. Lawyer services under Art. 160 of the Criminal Code of the Russian Federation include the conduct of a case starting from the client’s application, from the earliest stage of initiating the case and up to the necessary judicial authorities. Assistance of a lawyer under Art. 160 of the Criminal Code of the Russian Federation may also include, depending on the position, work towards mitigating the punishment, searching for mitigating circumstances, grounds for imposing a more lenient punishment, changing the category of the crime. In some cases, it is also possible to consider the possibility of terminating the criminal case under Art. 160 of the Criminal Code of the Russian Federation Misappropriation or embezzlement, if there are grounds for this, and work in this direction. Lawyer under Art. 160 of the Criminal Code of the Russian Federation in Krasnogorsk will take all necessary measures to ensure quality protection.
CRIMINAL LAWYER call now: ☎ 8 (495) 532-75-40
Aggravating circumstances
Article 160 of the Criminal Code of the Russian Federation in the second part establishes the following qualifying elements of a crime:
- Actions of persons by prior conspiracy.
- Causing significant harm to the victim.
For such acts, norm 160 of the Criminal Code of the Russian Federation establishes sanctions:
- Up to 5 years of forced labor.
- Fine up to 300,000 rubles. or in the amount of two years’ salary/other income of the convicted person.
- Up to 360 hours of mandatory work.
- Up to 5 years in prison.
- Up to a year of correctional labor.
Deprivation of liberty may additionally be accompanied by its limitation to 1 year. The same provision applies to the case of assignment of forced labor.
Protection under Art. 160 of the Criminal Code of the Russian Federation Misappropriation or embezzlement in Krasnogorsk
Protection under Art. 160 of the Criminal Code of the Russian Federation Misappropriation or embezzlement can be built in several directions, since this article of the code includes parts according to severity, ranging from minor gravity to a serious crime. If parts 1 and 2 are charged, and they belong to the categories of crimes of minor and medium gravity, respectively, then in this case it would be advisable to consider the issue of compensation for harm to the victim, reconciliation with him, and subsequently filing a petition to terminate criminal prosecution in connection with reconciliation with the victim. But this is in the presence of specific favorable circumstances, the defendant committing a crime for the first time as a prerequisite. In the case of charges under parts 3 and 4, both are classified as grave, protection under Art. 160 of the Criminal Code of the Russian Federation Misappropriation or embezzlement will be radically different. In this case, you can pay attention and efforts of the defense to the amount of damage and its assessment, because qualifications depend on this; it is also advisable to work on excluding accomplices from the list if a group of people or an organized group is incriminated. Also fundamentally important for qualification is the fact that the stolen property was entrusted to the defendant; one should be fundamentally careful in this regard, and the fate of the qualification may affect the position of the defendant. The rest of the defense tactics under Art. 160 of the Criminal Code of the Russian Federation Misappropriation or embezzlement is similar to the work of a lawyer in cases of property crimes and theft.
If you or your relative are an official, a shortage is discovered at your place of work, and you are threatened with initiation of a case under Art. 160 of the Criminal Code of the Russian Federation, the investigator calls for testimony or explanations, a criminal case has already been initiated under Art. 160 of the Criminal Code of the Russian Federation, in such cases, immediately call a criminal lawyer, ask your questions, come for a consultation and follow the lawyer’s recommendations. Our lawyers will provide you with the necessary assistance and make every effort so that you can get out of an unpleasant situation with the minimum possible losses. Call the phone number listed on the website.
Legal advice on criminal penalties for misappropriation and embezzlement in business
If you have been charged under Article 160 of the Criminal Code of the Russian Federation, our lawyers will be able to effectively defend you. We are well acquainted with the nuances of operational investigations and investigative measures. Our goal is to prove the absence of a crime and mitigate sanctions as much as possible. Our lawyers have the experience and ability to protect your interests regardless of the complexity of the case. SCM is working closely with the investigation, finding reasons to close the case and reduce the severity of the punishment. Contact us for legal assistance, and we will advise you at a convenient time. Fill out the feedback form or call right now.
Qualifying composition
It is established in part two of the article under consideration. Among the qualifying features is the commission of an act by a group by prior conspiracy and causing significant damage to the owner of the property. In the first case, we are talking about two or more persons who agreed in advance to commit an act. The significance of the damage that arose after the unlawful actions of the perpetrators is evidenced by the importance of the consequences not only for the victim himself, but also for his close relatives. In this case, it is advisable to refer to the commentary to Art. 158 of the Code.
Specially qualified species
Article 160, Part 3 of the Criminal Code of the Russian Federation formulates the sign of the use of official position in the commission of a crime. Such subjects include officials who have the characteristics specified in paragraph 1 note. to Art. 285 of the Code. In addition, they should be understood as municipal or state employees who do not act as officials, and others who meet the requirements defined in clause 1 note. To Art. 201. Actions of accomplices, instigators, organizers of embezzlement or misappropriation, committed by the subject knowingly for them, using their status, are not qualified by norm 160, part 3 of the Criminal Code of the Russian Federation. In this case, the provisions of Art. 33 and 159 (part three). Embezzlement or misappropriation on a large scale is considered theft of property worth more than 250 thousand rubles.
