Article 166. Wrongful seizure of a car or other vehicle without the purpose of theft

New edition of Art. 166 of the Criminal Code of the Russian Federation

1. Wrongful seizure of a car or other vehicle without the purpose of theft (theft) -

shall be punishable by a fine in the amount of up to one hundred twenty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to one year, or by restriction of freedom for a term of up to three years, or by forced labor for a term of up to five years, or by arrest for a term of up to six months, or imprisonment for a term of up to five years.

2. The same act committed:

a) by a group of persons by prior conspiracy;

b) has become invalid;

c) with the use of violence that is not dangerous to life or health, or with the threat of using such violence -

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 forced labor for a term of up to five years, or by imprisonment for a term of up to seven years.

3. Acts provided for in parts one or two of this article, committed by an organized group or causing especially large-scale damage, -

shall be punishable by imprisonment for a term of up to ten years.

4. Acts provided for in parts one, two or three of this article, committed with the use of violence dangerous to life or health, or with the threat of such violence, -

shall be punishable by imprisonment for a term of up to twelve years.

Additionally

In some cases, theft is carried out to facilitate the implementation of other illegal actions. In this situation, the behavior of the perpetrators is qualified according to the norm in question and the corresponding provisions in the aggregate.

A vehicle that belongs to the accused may be confiscated in accordance with Art. 81 only if it was used as an instrument to commit an intentional crime

In this case, one should take into account the provisions of Art. 264

If the person who committed the crime was found guilty under this rule, the vehicle cannot be considered an instrument of the crime. Some issues of judicial practice related to the proceedings of cases under the commented article are explained by the Plenum of the Supreme Court. In particular, explanations are present in Resolution No. 25 of December 9, 2008.

What punishment will a person suffer if he tries to steal a car again?

It is impossible to say unequivocally what punishment a person will suffer if they commit repeated theft of a car. It all depends on a number of factors. For example, if a person has been convicted of similar acts, but the conviction has already been expunged, a minimum sanction may be imposed (for example, in the case of theft, a fine or restriction of freedom).

Note!

If a person has received a suspended sentence for theft, the court will consider replacing it with a real one. The prosecutor's office will take the position that the correctional measures did not affect the defendant and will ask for a prison sentence.

The court determines the punishment based on a number of factors. The main one is that when committing a repeated act, it is impossible to impose a punishment less than ⅓ of the maximum provided for in the article. Thus, in case of the second theft or theft of a car, it will be impossible to get off with a suspended sentence or a fine. Most likely, a sanction related to imprisonment will follow.

Examples from judicial practice

The following case can serve as an example of the qualification of a criminal case under this article.

18-year-old citizens Ivanov and Petrov decided to joke with their friend, Count. Sidorov, to whom his parents gave him a car. They agreed to steal a car to a neighboring neighborhood. Not finding his car on the spot, gr. Sidrov filed a statement with the police. A few hours later the car was discovered. Witnesses described the young people who drove the car. As a result, gr. Ivanov and Petrov were detained. The court qualified their actions under Art. 166 of the Criminal Code of the Russian Federation, part 2 - theft without the intent of theft by a group of persons by prior conspiracy and awarded a fine of 150 thousand rubles.

Let's consider 2 more examples from judicial practice of recent years:

1. 2 citizens of the Russian Federation, while intoxicated, stole the plaintiff’s car without the intent of theft. During the investigation, it turned out that the citizen who was driving the car when it was stolen had previously been deprived of his driver's license, and was also brought to administrative responsibility for hooliganism. The court also found out that the defendants are not officially employed and each of them has two dependent young children. The court took into account the voluntary compensation by the defendants for the damage caused to the plaintiff, as well as the voluntary admission of guilt and the positive characteristics of the defendants. Based on all the information listed above, the court sentenced the defendants to a minimum fine.
2. A citizen of the Russian Federation committed deliberate theft of a car while on probation for a sentence in another case. The defendant voluntarily confessed to the crime. Also, as mitigating circumstances, the court took into account the satisfactory characteristics of the defendant and his state of health, including the presence of HIV infection. As a result of the trial, the defendant was sentenced to 1 year and 9 months in prison.

You can ask questions about vehicle theft in the comments to the article.

What to do if your car is stolen?

In order to increase the chances of finding your car, be sure to follow these steps:

• Call the police at 02 or 020 (for a mobile phone) as quickly as possible. Explain where the car was left, tell the operator the state number. number, make and color of the car.
• Contact your local police department with a written statement about the missing vehicle.
• After the application is accepted, obtain a certificate from the police officer stating that you filed a complaint regarding the loss of the vehicle.
• Notify your insurance company if your car is stolen. To do this, you need to come to the insurance office in person, with a written application and a certificate issued by the police about the fact of the complaint.
• Once a criminal case is opened by the police based on your application, take copies of documents on the initiation of a criminal case.
• Give copies of these documents, along with your remaining vehicle documents, to the insurance company.
• You will be notified by notification of the results of the criminal investigation. Either the car will be found, or the crime will not be solved, and you will lose the car forever.
• The insurance company is responsible for compensation for damage . The insurance payment will cover the cost of the car, taking into account depreciation.

It must be remembered that theft does not always mean irreparable loss of the car. Almost all major roads have security cameras installed. Therefore, timely measures taken make it possible to solve the theft and return the car to the owner.

Investigation methodology

The methodological and tactical actions of the investigative authorities depend on the circumstances that take place.

The following stages are distinguished in the investigation process:

• carrying out analytical work regarding the crime situation that has developed in a particular area (they are carried out permanently);
• creation of a unified database on the date and place of attacks;
• checking the effectiveness of accounting at the regional and federal levels.

How effective the investigation process will be depends on the completeness of the data available. Most of this information is obtained by the competent authorities during inspections of the places where the acts were committed.

The investigator most often conducts three types of inspections, in particular, the areas where the car was stolen and where it was found, as well as the object of the attack itself, should be examined.

It is recommended that the actions in question be carried out in the presence of the injured party. This is due to the fact that the victim has the opportunity to accurately indicate the location of his property and report the loss of items from the interior of the car or garage. The external condition of the found car plays a significant role in identifying the culprit. In this case, it is necessary to involve traffic police officers in the inspections, as they may indicate the presence of certain malfunctions. The victim also indicates what changes have occurred to the car during the theft.

You need to reflect the condition of the door locks, speedometer data, and the presence of damage. Information about the fuel level is also displayed, which in some cases will allow you to build a route for the car. When inspecting the area where a car was found, it is necessary to use video or photography.

A significant amount of information is revealed during the interrogation of the victim in the case. He explains what happened before the car was stolen; the day and time of the car’s disappearance are also recorded according to the interviewee. You need to find out from him where the car was located before it was lost, what condition it was in, and reflect in the protocol the individual characteristics of the car, in particular the make and model, year of manufacture, etc. If there was damage to the transport, also indicate in the documents.

An investigation plan is drawn up after the above locations have been inspected and the victim has been questioned. When a missing car is not found, the main efforts are directed towards finding it. For this purpose, information about it is distributed to all traffic police posts.

When a case is initiated due to the arrest of the culprit in a stolen car, a search is included in the urgent actions. It is carried out both at the place of residence of the culprit, and in the garage, at the dacha and other places where evidence could be hidden. Often, persons who have committed illegal attacks leave some small items from the car with them, and later, based on this, the investigation and accusation are built.

To conduct the investigation further, the investigator must understand what type of assault was committed. This could be car theft or theft.

To distinguish between the listed elements, it is necessary to pay attention to the subjective characteristics of the crime. . The interrogation of a suspect is based on the norms contained in the Code of Criminal Procedure

At this time, it is necessary to find out whether the perpetrator committed actions aimed at preparing for the attack. The accused is also questioned after the relevant charges have been filed. The testimony of the perpetrator is verified on the spot, and with its help, circumstances relevant to the case are established. A special action is an investigative experiment, which is carried out in some cases. Various studies are being carried out, on the basis of which the accusation is subsequently built.

The interrogation of the suspect is based on the norms contained in the Code of Criminal Procedure. At this time, it is necessary to find out whether the perpetrator committed actions aimed at preparing for the attack. The accused is also questioned after the relevant charges have been filed. The testimony of the perpetrator is verified on the spot, and with its help, circumstances relevant to the case are established. A special action is an investigative experiment, which is carried out in some cases. Various studies are being carried out, on the basis of which the accusation is subsequently based.

Theft without the intent of theft

In judicial practice, Article No. 166 concerns only theft - theft not for sale or dismantling, that is, not for receiving money.
For example, if a citizen secretly took a car for a ride or used for transporting cargo, and then abandoned it, this is theft under Article 166.

If the theft is accompanied by disassembly for spare parts, sale or change of license plates and repainting, then this is already theft, for which a different punishment threatens.

Please note: both drivers and accomplices in the crime can be charged in the case, even if they were not driving.

Theft can be either secret (when the owner does not see) or overt. In the latter case, scammers can use the following methods:

1. Committing a “weak” accident: as soon as the owner of the car gets out of it to assess the damage, the fraudster gets into it and drives off with the culprit.
2. False accident or “broken down” car on the side of the road: when the victim stops and gets out of the car, his vehicle is stolen.
3. Blocking of transport in a deserted place or on the road.

Article of the Criminal Code No. 166 regulates the punishment for theft of a vehicle. However, it is worth understanding the difference between theft and theft: in the first option, enrichment is not the task of the criminal, in the second, it is his goal.

Moreover, if after the theft for fun the criminal decides to rob the car, the crime will be classified as theft. In some cases, the situation may be aggravated by additional violations, such as drunk driving.

We bring to your attention the opinion of a specialist regarding the situation in the country with car thefts: https://www.youtube.com/embed/Rfu-VCLGits

Kinds

The Criminal Code of the Russian Federation provides several ways to classify thefts. Depending on the owner, property can be government, corporate or personal. As a rule, applicants apply to investigate the theft of a personal car, although there are cases of applications from affected companies.

The main way to classify crimes of this kind, on which the punishment depends, is the type of theft. Auto thefts are divided into the following types:

• breaking into a vehicle;
• without breaking into the vehicle;
• committed by breach of trust.

In addition, the encroachment may not be on the car itself, but on any property located inside. This could be money, documents, equipment or an ordinary cable bay.

Theft of the car itself

Theft of a car or the car owner's personal belongings is carried out in several ways. Some of them are successfully stopped by modern security systems, and in some cases even technology may be powerless. Apart from breach of trust, there are two main types of such theft, in particular:

• electronic.

Used for expensive cars equipped with central locking. To steal a car, special electronic means are used, which allows you to disable security equipment and take possession of the vehicle. This method takes time, but it is quite effective.

• applied.

We are talking about classic burglaries here. Similar methods are used to open cars that are not equipped with specialized security systems. As a rule, this is breaking the lock, less often - breaking out the glass on the driver or passenger side. If there is a security system, this method is ineffective.

Also, we should not forget that some car owners simply forget to lock the car, in which case theft occurs without burglary.

Stealing a car from a garage

Every year 10,000 crimes of this kind occur in Russia. The theft of a vehicle from a garage is carried out using several methods. The most common is opening the gate. The following tools can be used for this:

• a set of master keys (the so-called silent opening);
• broken padlock;
• sawing gates;
• cutting out locks with a portable gas cutter.

Note!

A less common method of entry is to knock out a wall. Not practiced because there is a risk of damage to the car. Most often used to steal tools, wheels, spare parts.

Judicial practice under Article 166 of the Criminal Code of the Russian Federation.

• 1.

  Resolution of November 26, 2022 in case No. A07-28306/2016

  Arbitration Court of the Ural District (FAS UO)

  ... resolution dated 07/21/2013 No. 3530168 of the investigator of the OD department of the Ministry of Internal Affairs of Russia for the Krasnokamsk region on the initiation of a criminal case on the grounds of a crime provided for in part 1 of Article 166 of the Criminal Code of the Russian Federation, resolution dated 08/20/2013 of the investigator of the OD department of the Ministry of Internal Affairs of Russia for the Krasnokamsk region to suspend the proceedings inquiries in connection with subparagraph 1 of paragraph ...

• 2.

  Judgment No. 1-384/2018 of October 30, 2022 in case No. 1-384/2018

  Montenegro City Court (Republic of Khakassia) – Criminal

  ... freedom, clause “c”, part 2, article 158 of the Criminal Code of the Russian Federation (to 1 year 6 months of imprisonment, part 3 of article 30 – clause “a”, part 2 of article 166 of the Criminal Code of the Russian Federation to 1 year 9 months imprisonment, part 3 of article 30 – paragraph “a” of part 2 of article 166 of the Criminal Code of the Russian Federation to 1 year 9 months of imprisonment ...

• 3.

  Sentence No. 1-111/2018 of October 30, 2022 in case No. 1-111/2018

  Balakhtinsky District Court (Krasnoyarsk Territory) – Criminal

  Read also:  The right of the accused to familiarize himself with the materials of the criminal case

  ... to 2 years of suspended imprisonment with a probationary period of 1 year; 2) 12/28/2009 by the Balakhtinsky District Court of the Krasnoyarsk Territory under Part 1 of Art. 166 of the Criminal Code of the Russian Federation, to 1 year 6 months of imprisonment, by virtue of Art. 70 of the Criminal Code of the Russian Federation, the verdict of the Balakhtinsky District Court of the Krasnoyarsk Territory dated June 22, 2009 was added, ...

• 4.

  Sentence No. 1-3/37/2018 of October 30, 2022 in case No. 1-3/37/2018

  Sovetsky District Court (Kirov Region) – Criminal

  ...accusing Vladimir Viktorovich Plastinin, not convicted, Alexander Vladimirovich Zonov, not convicted of both of committing a crime under paragraph “a” of Part 2 of Art. 166 of the Criminal Code of the Russian Federation established: Plastinin V.V. and Zonov A.V. committed unlawful seizure of another vehicle without the purpose of theft (hijacking), by a group of persons by prior conspiracy, with the following...

• 5.

  Sentence No. 1-185/2018 of October 30, 2022 in case No. 1-185/2018

  Ozersk City Court (Chelyabinsk region) – Criminal

  ...restrictions of freedom with serving a sentence in a general regime correctional colony, July 15, 2013 by the Kaslinsky City Court of the Chelyabinsk Region under clause “a”, part 2 of Art. 166, part 5 of article 69 of the Criminal Code of the Russian Federation (sentences dated June 3, 2013 and June 19, 2013) to 1 year 11 months of imprisonment with serving the sentence ...

• 6.

  Decision No. 2A-2003/2018 2A-2003/2018~M-2074/2018 M-2074/2018 dated October 30, 2022 in case No. 2A-2003/2018

  Timashevsky District Court (Krasnodar Territory) – Civil and administrative

  ...N.S., pointing out that by the verdict of the Maykop City Court of the Republic of Adygea dated May 5, 2015, Shiyanov N.S. Convicted under paragraph “a” of Part 2 of Art. 166 of the Criminal Code of the Russian Federation, with serving the sentence in a maximum security correctional colony. Based on the ruling of the Teuchezhsky District Court dated May 28, 2018, Shiyanov N.S. released from PKU...

• 7.

  Sentence No. 1-498/2018 of October 30, 2022 in case No. 1-498/2018

  Miass City Court (Chelyabinsk region) – Criminal

  ... secretary Tkachuk T.N., having examined the materials of the criminal case against FILINKOV A.D., ... convicted: November 14, 2016 by the Ashinsky City Court of the Chelyabinsk Region under Art. 166 part 1 of the Criminal Code of the Russian Federation to 1 year 6 months of suspended imprisonment with a probationary period of 2 years; On February 7, 2022, the Ashinsky City Court of the Chelyabinsk Region for ...

• 8.

  Decision No. 2A-1-412/2018 2A-1-412/2018~M-1-404/2018 M-1-404/2018 dated October 30, 2022 in case No. 2A-1-412/2018

  Mainsky District Court (Ulyanovsk Region) – Civil and administrative

  ...not disputed. By the verdict of the Mainsky District Court of the Ulyanovsk Region dated June 9, 2022 Toktarev S.V. convicted under Part 1 of Art. 158, part 1 art. 166 of the Criminal Code of the Russian Federation, using Part 2 of Art. 69, art. 73 of the Criminal Code of the Russian Federation to imprisonment for a term of 2 years 6 months, suspended with ...

• 9.

  Decision No. 2-3521/2018 2-3521/2018~M-3927/2018 M-3927/2018 dated October 30, 2022 in case No. 2-3521/2018

  Kirovsky District Court of Astrakhan (Astrakhan Region) – Civil and administrative

  ...of the Code of the Russian Federation on several episodes, including the theft of property Dallakyan S.A. from the apartment and also under Part 1 of Art. 166 of the Criminal Code of the Russian Federation on the fact of the theft of a car belonging to S.A. Dallakyan. Paragraph 2 of Article 1079 of the Civil Code of the Russian Federation establishes that the owner of a source of increased danger does not ...

• 10.

  Sentence No. 1-238/2018 of October 30, 2022 in case No. 1-238/2018

  Kalininsky District Court of Ufa (Republic of Bashkortostan) – Criminal

  ...serving a sentence in a general regime correctional colony, -DD.MM.YYYY by the Ashinsky City Court of the Chelyabinsk Region under Part 3 of Art. 30 clause “a” part 2 art. 166 of the Criminal Code of the Russian Federation, paragraph “a”, part 2 of Art. 158 of the Criminal Code of the Russian Federation, paragraph “a”, part 2 of Art. 158 of the Criminal Code of the Russian Federation, Part 1, Art. 166 of the Criminal Code of the Russian Federation, paragraph “a”, part...

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Criminal liability and punishment

What happens when a car is stolen?

Part 1 of Article 158 of the Criminal Code of the Russian Federation (theft of personal belongings, car parts or the car itself, if it costs no more than 250,000 rubles) defines the following punishment:

• a fine in the amount of up to 80,000 rubles or the total amount of material income received by the convicted person for a period of up to six months;
• up to 360 hours of compulsory labor or up to 12 months of correctional labor;
• up to 2 years of restriction of freedom or forced labor may be assigned for the same period;
• up to 4 months of arrest or up to 2 years of imprisonment.

Part 2 of Article 158 of the Criminal Code of the Russian Federation (if a car is stolen by a group of persons, as well as if the theft is committed from a garage) establishes the following types of criminal liability:

• a fine of up to 200,000 rubles or a fine in the amount of the income of the convicted person for a period of up to 1.5 years;
• 480 hours of compulsory labor or up to 2 years of correctional labor;
• up to 5 years of forced labor, with possible restriction of freedom for 12 months;
• up to 5 years of imprisonment, with the possibility of restriction of freedom for up to 12 months.

Part 3 of Article 158 of the Criminal Code of the Russian Federation (theft of a car worth more than 250,000 rubles) provides for punishment:

• a fine from 100,000 to 500,000 rubles or a fine equal to the income of the convicted person for a period of 1 to 3 years;
• up to 5 years of forced labor, with possible restriction of freedom for 18 months;
• up to 6 years of imprisonment, including a fine of up to 80,000 rubles or a fine equal to the income of the convicted person for a period of up to 6 months or without it and up to 1.5 years of restriction of freedom or without it.

Part 4 of Article 158 of the Criminal Code of the Russian Federation (if the theft was committed by an organized group or the car was worth more than 1 million rubles), establishes the following punishment:

• up to 10 years of imprisonment, including a fine of up to 1 million rubles or a fine in the amount of the income of the convicted person for a period of up to 5 years or without it, with or without restriction of freedom up to 24 months.

Use of violence

Theft, accompanied by slight damage to the health of the owner, is punishable under Art. 166 (2) of the Criminal Code of the Russian Federation. A person is also held accountable if he threatens the owner of the vehicle. Under actions of a violent nature, within the meaning of Art. 166 (2) of the Criminal Code of the Russian Federation, you need to understand beatings inflicted intentionally, or other behavioral acts, the consequence of which is the infliction of physical pain on the victim with restriction of freedom (use of handcuffs, tying up, and so on).

Violence dangerous to the owner of the vehicle is considered to be of a moderate type, as well as minor harm, as a result of which a short-term disorder or minor permanent loss of general ability to work occurs.

When qualifying an act, threats of violent action are also taken into account. At the same time, prosecution under additional articles is not carried out.

If actions of a violent nature accompanying the theft caused the death of the vehicle owner through negligence, the act is qualified in accordance with Part 4 of Art.

166 and part 4 of Art. 111 of the Criminal Code.

Theft of a vehicle without theft purpose

Every crime implies the presence of:

• subject of a criminal act,
• subject
• subjective and objective aspects of the offense.

The subject of this crime is a vehicle. The legislation states that this is a vehicle that can be used to move on land or water:

• cars,
• boats and motor boats,
• motorcycles,
• tractors,
• other vehicles equipped with an internal combustion engine or an engine powered by electricity.

It is worth noting: theft of a bicycle, rowing boat, canoe, horse-drawn cart, or trailer does not fall under the jurisdiction of Art. 166 of the Criminal Code of the Russian Federation.

The subject of the theft is a legally capable citizen, 14 years of age or older.

The objective side of the criminal act is manipulation to illegally take possession of a vehicle and set it in motion. Moreover, if this action is committed by relatives or friends of the owner of the vehicle who have previously used this vehicle, then such an event does not contain the elements of a crime considered by Art. 166 of the Criminal Code.

The subjective side is the presence of thoughts of theft without committing theft of both the vehicle itself and its parts.

The crime is considered committed from the moment the vehicle begins to move, regardless of how it was carried out. The vehicle can move independently (if functional capabilities are available), towed, pushed by hand or transported on another vehicle.

Distinction from related crimes

It is worth distinguishing between concepts such as theft and theft of a car.

The concept of “theft” includes the criminal taking of a vehicle, which does not aim to steal it.

In other words, theft implies the return of the car, while theft is aimed at depriving a person of his property.

Theft is carried out in order to use the car for some time, and theft does not imply the return of the vehicle. Thus, Article 158 of the Criminal Code of the Russian Federation may be mistakenly classified as Article 166 of the Criminal Code of the Russian Federation, because it is not always possible to immediately determine whether a vehicle is stolen or whether it has been stolen.

Commentary on Article 166 of the Criminal Code of the Russian Federation

Commentary edited by Rarog A.I.

1. Since in Art. 166 of the Criminal Code does not speak about mechanical vehicles, but about vehicles in general, then the subject of this crime can be not only mechanical vehicles covered by the note to Art. 264 of the Criminal Code, but also any other vehicles except those that fall under the concept of air or water transport vessels or railway rolling stock (Article 211 of the Criminal Code).

2. The stolen vehicle is foreign to the culprit. This means that it does not belong to him, he is not its legal owner or regular user. On the contrary, an unauthorized trip in a vehicle belonging to one of the family members of this person, or a driver in a car assigned to him, or a boss in a personal car, but without a driver, does not constitute unlawful taking of a car.

3. This crime is considered completed from the moment of establishing actual control over the vehicle and the start of its movement by self-propelled or other means.

4. The subjective side is characterized by direct intent and lack of purpose for stealing a vehicle. Theft is usually committed for selfish reasons (the desire to use someone else's vehicle for free). However, the qualification of the crime under Art. 166 of the Criminal Code is not excluded in cases where the theft is committed out of revenge, hooligan motives, etc.

5. The subject of a crime can be a person who has reached 14 years of age and does not have legal rights to own a vehicle.

6. Theft by a group of persons by prior conspiracy (clause “a”, part 2) should be understood in the same way as when stealing someone else’s property. And the sign of the use or threat of use of violence that is not dangerous to life or health (clause “c”) should be understood in the same way as in the case of violent robbery.

7. The signs of theft by an organized group and causing especially large damage (Part 3 of Article 166 of the Criminal Code) in their content coincide with the same signs of the crime provided for in paragraphs “a” and “b” of Part 3 of Art. 165 of the Criminal Code.

8. The most dangerous type of theft is its commission with the use or threat of violence that is dangerous to life or health (Part 4 of Article 166 of the Criminal Code). This sign has the same meaning as in robbery.

What punishment is possible after car theft?

In order to determine what punishment can be imposed for car theft, it is necessary to understand the terminology. Thefts of this kind are divided into two main types;

• hijacking

It is carried out without the specific purpose of subsequent resale of the car completely or for parts, or for transferring into the ownership of the thief. In fact, it occurs spontaneously;

• theft.

It has an important difference from theft. In this act, there is initially a selfish motive, that is, the attackers plan in advance to steal a specific car, change the license plates and sell it.

There are several differences between these two crimes. For example, theft can be carried out using violence. In the case of theft, this is excluded. Let's take a closer look at various cases of car theft.

With return

Situations when a car is returned after being stolen are quite rare. As a rule, this is typical for minors or for people in a state of intoxication who steal a car for a bet.

Punishments for such acts are provided for in Art. 166 of the Criminal Code of the Russian Federation. The crime will be classified as theft rather than theft. The punishment depends on the aggravating circumstances:

• committed by a group of persons;
• use of violence;
• committed by an organized criminal group;
• large or especially large amount of damage.

For example, if a car theft is committed by a group of people, each of the attackers faces up to seven years in prison or a fine of up to 200 thousand rubles. If violence dangerous to his life was used against the owner of the car, the sanction increases to 12 years in prison.

In this case, it is necessary to prove that the car was actually taken without asking.

Note!

By compensating the damage to the victim and returning the car, reconciliation and release from criminal liability are possible.

If the car is not returned

Crimes of this kind can be classified as theft and theft. Therefore, criminal liability may arise under two articles:

• Art. 158 of the Criminal Code of the Russian Federation;
• Art. 166 of the Criminal Code of the Russian Federation.

If the theft was committed by one person, the punishment is determined by Part 1 of Art. 166 of the Criminal Code of the Russian Federation and may provide for several options for the development of events. The offender may be fined up to 120,000 rubles. Restriction of freedom or imprisonment for up to 5 years is possible.

If the hijacking was committed with bodily harm (severe or moderate), the hijacker faces criminal liability under Part 2 of Art. 166 of the Criminal Code of the Russian Federation. The maximum penalty is 7 years in prison. If the victim has suffered life-threatening harm, Part 4 of Art. 166 of the Criminal Code of the Russian Federation.

If a car was stolen, the cost of which exceeds 1,000,000 rubles, liability arises under Part 3 of Art. 166 of the Criminal Code of the Russian Federation. In this case, the court may impose imprisonment for up to 10 years.

As for theft, the degree of punishment here is determined based on the value of the stolen property. Kidnappers are punished as follows:

• if the price of the car does not exceed 250,000 rubles, reconciliation is possible between the parties when returning the car and compensation for damage;
• if the cost of the car exceeds 250,000 rubles or does not reach this level, but the person who committed the theft refuses to compensate for the damage, a sentence of up to 6 years in prison may be imposed;
• if the cost of the car exceeds 1,000,000 rubles, the sanction will be up to 10 years in prison.

Thus, car theft and theft are fundamentally different crimes for which different punishments are imposed. However, the law provides for the same aggravating factors that influence the extent of responsibility.