What is the penalty for vehicle theft? How many years do you get for stealing a car according to the Criminal Code of the Russian Federation?

Car theft or theft?

In investigative and judicial practice, it is difficult to give the correct qualification to the committed act. The fact is that the distinction between theft and theft is gradually blurring. An experienced judge knows how theft differs from theft, assessing the goals, the presence/absence of a threat to the life of the vehicle owner, spontaneity/careful planning of the act.

Differences between types of theft

A crime related to vehicle theft is classified depending on the ultimate purpose of the criminal act. Theft for the purpose of theft involves obtaining a certain material benefit from the fact of theft. The Criminal Code provides for Article 158 for car theft for the purpose of theft. The concept and signs of theft are discussed in the article.

If the offense is committed, for example, for the purpose of revenge or out of hooligan motives, and is not intended to obtain benefits, then such an offense falls under Article 166 of the Criminal Code of the Russian Federation. Despite the fact that both of these crimes are committed against someone else’s property, theft of a vehicle is not considered theft under the Criminal Code of the Russian Federation.

Let's analyze the main differences between the types of theft according to the fundamental characteristics of the crime using a summary table.

How many years do you get for stealing a vehicle in 2017?

The penalties for theft and theft of a vehicle vary. Sometimes the judge pronounces a sentence, and the criminal gets off with a fine, and sometimes he is punished with 10-12 years in prison.

What is he guided by when passing judgment? This is better understood with examples.

Domestic cars are often stolen in Russia. If they are old - 15-20 years old, their cost rarely exceeds 50 thousand rubles. They usually attract the attention of teenagers who want to “ride” themselves.

They carefully plan the crime, commit it secretly from everyone, but still find them and the court qualifies the actions under Part 1 of Art. 166, imprisoning the perpetrators for five years.

A car worth half a million rubles is stolen to be dismantled and sold for parts. Again, all the actions of the attackers are carefully planned. If police officers find them, they will face punishment under Part 3 of Art. 158 of the Criminal Code of the Russian Federation. Only after years will they be released.

Cars worth 1.2 million rubles are rarely stolen, but if this happens, a criminal case is opened under Part 4 of Art. 158 and punish offenders with 10 years of imprisonment.

No matter what car the thieves steal, they must remember that their actions are punishable to the fullest extent of the law. Although a fine is provided for by law, in practice it is rarely imposed, preferring to restrict freedom.

Why is it important to distinguish between theft and theft?

At first glance, it does not matter for the victim under what article of the criminal law the case for car theft or theft was initiated. Qualification is important for those whose car is insured under CASCO:

• Theft - insurance payment as a result of the loss of a vehicle can only be received in the event of theft. To confirm the fact of theft, you must bring a copy of the decision to initiate a case to the insurance organization.
• Theft - if the police opened a case of theft and did not subsequently reclassify it as theft, then the insurance payment will be denied.

Typically, law enforcement agencies issue a decision to reclassify the crime as theft if 10 days since the theft and the car has not been returned. In this case, the logical conclusion is that the intent of the person who took possession of the vehicle was aimed at theft (see what to do if a car is stolen).

Responsibility for minors

From the age of 14, criminal penalties for theft and theft of a car begin for teenagers. They will be punished, but not as severely as adults. Minors are often spared without violating the current Laws in the country.

For simple theft without signs of part 1 of article number one hundred sixty-six of the Criminal Code of the Russian Federation, the following will be punished:

• recovery of up to 120 thousand rubles;
• a fine in the amount of the culprit’s salary (if officially employed) for up to twelve months;

• 
  restriction of freedom of movement for three years;

• 5-year occupational therapy;
• imprisonment for 5 years.

Teenagers rarely commit crimes alone. They unite, come to an agreement and steal someone else’s vehicle, causing or not causing harm to the health of the people sitting in the cabin. For such a case, the Criminal Code of the Russian Federation has Article 166 and paragraph 2 in it. How will they be punished?

• Collection of up to 200 thousand;
• salary deduction for a period of up to 1.5 years;
• forced labor for up to five years;
• 7 year prison sentence.

Juvenile car thieves who commit a crime and cause damage to stolen movable property will face a maximum of 10 years in prison. If there are victims, the term of stay behind bars will be extended for another 2 years.

Important! Persons under 18 years of age are punished less severely than adults. The fine is imposed if you have your own income. More often they are sent to correctional (forty to one hundred and sixty hours) and compulsory labor.

To prevent them from committing such acts again in the future, a ban on certain types of activities is introduced and prescribed.

Only in particularly difficult cases does the court restrict their freedom (from two months to 2 years) or impose a prison sentence (teenagers over 16 years old are punished with 6 years in prison).

More often, believing that teenagers will improve, they assign a suspended sentence.

What are the penalties for car theft in 2022?

It is difficult to determine the exact term for car theft by eye. Circumstances taken into account by the court:

• age;
• having a criminal record;
• relapse;
• mental and physical (presence of disability) health;
• presence of children;
• confession;
• additional circumstances.

For an attempt to take possession of a car worth less than 300 thousand rubles, it is possible to reconcile with the victim by paying for the damage caused. Aggravating circumstances are an undeniable basis for a more severe punishment - 6 years. Organized groups face about 10 years in prison.

Punishment for foreigners

According to statistics, hijackings on the territory of the Russian Federation are often committed by residents of other countries. In this case, the court is guided by Art. 11 of the Criminal Code of the Russian Federation and its paragraph 1. They are punished according to the laws of the Russian Federation.

They will be held accountable for the act to the fullest extent of the law under Articles No. 158 or No. 166 of the Criminal Code of the Russian Federation. They are rarely deported to their homeland, where they are punished for the act they committed.

How to properly respond to your car being stolen

We don’t want to give yet another “very” smart advice on how to behave if your car is stolen. It is difficult to remain calm and think calmly when you discover your property is missing. However, in order to be able to apply at least Art. 166 of the Criminal Code of the Russian Federation, the correct reaction to car theft must still be present. Report the incident to the police immediately. You can't waste time.

The sooner the search begins, the greater the chance of finding the car. After all, the criminals’ work scheme is so streamlined that in a couple of hours they will take it to a safe place and disassemble it into parts. Then it will be almost impossible to find the car.

Judicial practice and realities of Russia

Cars are often stolen in Russia. This is caused primarily by a significant increase in the role of motor transport in the lives of Russians. They rarely find intruders, since most of them act carefully and quickly, having become skilled at disassembling into spare parts and individual units.

The market is oversaturated with parts from stolen cars (80%). To protect your car from theft, it is important to choose a high-quality security system and carefully approach the place where it is stored.

Although the law provides for harsh punishments, they do not frighten attackers, but only encourage them to commit a secret act.

Even if they are caught, they manage to get out with minimal consequences for themselves. It is enough to say the cherished phrase in court - “I stole it for a ride” and unless they prove otherwise, the punishment will be minimal and frivolous.

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

Object of crime . The object of theft is property relations. Unlike theft (theft, robbery and robbery), the criminal does not have the intention to permanently turn the thing to his advantage or appropriate it, since during theft the intent is aimed at the temporary illegal use of someone else’s thing. Taking possession of a vehicle occurs for the purpose of traveling somewhere or simply enjoying driving it.

The subject of the crime is a car or other vehicle. Bicycles, rowing boats, horse-drawn vehicles, as well as trailers and other devices without an engine are not subject to this crime.

A vehicle is considered to be “a device intended for transporting people, goods or equipment installed on it on roads” (clause 1.2 of the Road Traffic Rules of the Russian Federation).

Other vehicles . Other vehicles, theft of which without the intent of theft is subject to criminal liability under Article 166 of the Criminal Code of the Russian Federation, should be understood as vehicles for which, in accordance with the legislation of the Russian Federation, a special right is granted (buses, trolleybuses, trams, motorcycles, mopeds, tractors and others self-propelled vehicles, other vehicles with an internal combustion engine or an electric motor, as well as small boats, motor boats and other vessels, the theft of which does not contain signs of a crime under Article 211 of the Criminal Code of the Russian Federation). Bicycles, rowing boats, horse-drawn vehicles, etc. are not the subject of this crime. (Clause 21 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 9, 2008 N 25 “On judicial practice in cases of crimes related to violation of traffic rules and operation of vehicles, as well as their unlawful taking without the purpose of theft”).

They are not the subject of a crime under Art. 166 of the Criminal Code of the Russian Federation, railway rolling stock, air or water transport vessels, liability for theft of which is provided for in Art. 211 of the Criminal Code of the Russian Federation.

The objective side of the crime is expressed in the action of unlawful secret or open seizure of a car or other vehicle, i.e. their capture with the intention of moving them from their location by any means (self-propelled, towing, etc.). The seizure occurs in the absence of the owner (owner or user) and without his knowledge, or in the presence , but against the will.

Wrongful taking of a vehicle without the purpose of theft means taking possession of someone else's car or other vehicle (hijacking) and driving it without the intention of appropriating it in whole or in parts (clause 20 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 9, 2008 N 25).

Taking possession of a vehicle should be considered unlawful if it was committed against the will of the owner (owner, other legal owner, authorized person). Simply driving a car without a power of attorney does not entail liability for theft if the act was committed with the consent of the owner.

do not constitute a crime .

To qualify an act under Art. 166 of the Criminal Code of the Russian Federation, it is necessary not only to seize a vehicle, but also to violate the owner’s possession . For example, the following are not considered as theft:

• seizure of a car without setting it in motion (for example, a person went to sleep in someone else’s car);
• moving a vehicle a short distance to allow passage for another vehicle, etc.

Taking without use is not theft . When talking about such signs of theft as taking possession of a vehicle without the intention of appropriating it, it should be borne in mind that such taking, even if temporary, involves the use of the vehicle for personal purposes. For example, in the supervisory ruling of the Supreme Court of the Russian Federation dated October 25, 2012 N 38-D12-21, the following legal position was defined:

“Moving a car by towing a small distance, estimated at a few meters from the parking lot, in order to free up space for parking a bus, without the intention of using the vehicle for personal interests, cannot be considered as unlawful taking possession of a vehicle and driving it.”

Riding with an owner driving a vehicle under threat of violence is theft

The offense of theft will occur if the perpetrator forces the driver (for example, under threat of murder) to start driving and move as directed by the perpetrator. Moreover, the fact that in case of unlawful seizure of a car driven by the victim, the latter remains behind the wheel, does not in any way affect the existence of the crime, since in these conditions the victim is deprived of freedom of movement against his will. Paragraph 23 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 9, 2008 N 25 contains the following explanations:

“Unlawful possession of a vehicle without the purpose of theft also means making a trip under the control of the owner or possessor of the vehicle as a result of the use of violence or the threat of violence against it (in accordance with paragraph “c” of Part 2 or Part 3 or 4 of Article 166 of the Criminal Code of the Russian Federation) , since in this case the specified person is deprived of the opportunity to dispose of the vehicle at his own discretion.”

The corpus delicti is formal . Wrongful seizure of a vehicle without the purpose of theft is a completed crime from the moment the vehicle begins to move or the vehicle is moved from the place where it was located.

The theft should also be considered completed in the case where the culprit, for example, using violence or under the threat of violence, demanded that the taxi driver, without stopping, take him to a certain place for free. In this case, the objective side of the theft begins to take place from the moment the driver began to drive the car, obeying the threat.

break the locks and security alarm systems, start the engine, or start driving for the purpose of theft should be considered as an attempted theft of a vehicle without the intent of theft, if the actions of this person were stopped or due to other circumstances beyond his control he was unable to realize his criminal intent to use a vehicle for personal interests without the purpose of theft.

Qualification of the act as theft and theft . If a person who has committed theft of a vehicle without the purpose of theft also steals the property located in it, the act is subject to qualification under Article 166 of the Criminal Code of the Russian Federation and the relevant articles of the Criminal Code of the Russian Federation, providing for liability for theft.

Taking possession of a vehicle for the purpose of subsequent dismantling and appropriation of its parts or circulation of the vehicle in one’s own favor or in favor of other persons is subject to qualification as theft (clause 22 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 09.12.2008 N 25).

That is, if the culprit acts with the aim of stealing at least individual parts of a vehicle or dismantling it and selling it for spare parts, then the act constitutes theft of someone else’s property (for example, theft).

Qualification of the act as theft and intentional destruction or damage to property . Wrongful seizure of a car or other vehicle without the purpose of theft and its subsequent intentional destruction or damage are subject to classification under the set of crimes provided for in the relevant part of Art. 166 of the Criminal Code of the Russian Federation and if there are grounds for this, Art. 167 of the Criminal Code of the Russian Federation, if these acts caused significant damage to the owner of the vehicle, and the actions of the perpetrator are not qualified as theft of a vehicle without the purpose of theft on the basis of causing particularly large damage to the victim (Part 3 of Article 166 of the Criminal Code of the Russian Federation) (clause 26 of the Resolution of the Plenum Supreme Court of the Russian Federation dated 09.12.2008 N 25).

In cases where a person unlawfully took possession of a car or other vehicle, intending to subsequently return it to the owner for a fee, his actions should be qualified under the relevant article of the Criminal Code of the Russian Federation, which provides for liability for theft.

The subjective side of the crime is characterized by direct intent and the absence of the perpetrator’s purpose of theft, i.e. intentions to appropriate a car or other vehicle in whole or in parts.

The very direction of intent during theft can be called selfish - the thief realizes that he is illegally temporarily using someone else’s thing, and this is a property benefit (renting a car costs money). Therefore, theft can be classified as a selfish crime.

The motives for theft can be very different; as a general rule, they do not affect its qualification (except for extreme necessity and other similar situations). For example, the purpose of unlawfully taking possession of a car without the purpose of theft is to deliver a wounded person or a woman in labor to the hospital, etc. In such cases, the issue of criminal liability for this act must be resolved taking into account the provisions of Art. 39 of the Criminal Code of the Russian Federation (extreme necessity).

Wrongful seizure of a vehicle in order to facilitate the commission of another crime , if the person did not have the goal of turning the vehicle into his own benefit or for the benefit of another person, should be qualified under Art. 166 of the Criminal Code of the Russian Federation and, in aggregate, under the relevant articles of the Special Part of the Criminal Code of the Russian Federation, which provide for liability for committing other crimes.

The subject of the crime is general - a sane individual who has reached the age of 14 at the time of the commission of the crime (Part 2 of Article 20 of the Criminal Code of the Russian Federation).