Theft of items of special value is the process of unlawful taking of property of special value as a result of which the owner suffers damage expressed in monetary form. The crime entails liability under Article 164 of the Criminal Code of the Russian Federation.
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What is the article in the Criminal Code of the Russian Federation?
The Criminal Code devotes an entire article to this crime . This is article 164 of the Criminal Code of the Russian Federation .
It contains the action itself and the sanction for it.
Lawyers are well acquainted with this concept, but if you do not have a legal education and are faced with a similar crime, you will probably have to try to understand this definition.
Let's start with the fact that this concept is composite . It includes two definitions. The first is theft, but the second is a thing that has special value.
Let's start by looking at an item that has special value. So, such an item is understood as a work of art, jewelry, household appliances, and so on.
In general, all those things that can be compared with the concept of exclusivity and high cost.
But theft itself is , directly, an action that is carried out by one or another citizen with the aim of taking possession of a certain object , which in turn is the property of another citizen.
These two concepts constitute the general concept of theft of items of special value.
also remember article of the criminal code responsible for the punishment for committing this crime.
This article, namely one hundred and sixty-four, provides for strict liability for such an act.
Theft of items of special value
The law (Article 164) defines the theft of items of special value. An additional object of this crime is the historical, cultural, scientific or artistic heritage of the peoples of Russia or other states.
The crime itself is defined in Part 1 of this article as the theft of objects or documents of special historical, scientific, artistic or cultural value, regardless of the method of theft. We are talking about the theft not necessarily of property in the usual sense, but of specific items and even documentary and archival materials that have not just a value calculated in ruble equivalent, but a special value from the point of view of the historical and cultural heritage of peoples. In this regard, as explained in the Resolution of the Plenum of the Supreme Court of the Russian Federation, the special value of stolen items or documents should be determined on the basis of an expert opinion, taking into account not only their value in monetary terms, but also their significance for history, science, art or culture.
The objective side of the crime in question can be expressed in any of the six forms of theft provided for by law. The moment in which it is recognized as a completed crime depends on how this act is committed.
Subjective side. The direct intent of the guilty subject covers both the form of theft committed by him and the special value of the stolen objects or documents. At the same time, the degree of awareness of their value can be different: either the subject knew exactly what kind of objects he had taken possession of, or considered their special value possible, or believed this was not excluded.
The subject of theft under Art. 164, sane persons whose age depends on the form of the act committed can act. In cases of theft, robbery or robbery, these may include persons over 14 years of age, and in cases of fraud - 16 years of age.
In Part 2 of Art. 164 provides for the same act:
a) committed by a group of persons by prior conspiracy or by an organized group;
b) resulting in the destruction, damage or destruction of the specified items or documents.
The act provided for in Part 1 of Art. 164, refers to serious crimes, and in part 2 - to particularly serious ones.
29. Acquisitive crimes against property that are not theft (Articles 165-166 of the Criminal Code of the Russian Federation).
Causing property damage by deception or abuse of trust (Article 165).
The subject of the crime is property assets, usually money, subject to transfer to the state as obligatory payments or to other entities in the form of payment for the use of property or other services.
The objective side of the attack in question is described within the framework of the material composition and presupposes two mandatory signs, one of which - “causing property damage” - characterizes the essence of the act and its consequences, and the second is alternative and indicates the method of committing the crime.
The subject commits a crime in the form of inaction, fails to fulfill the legal obligation to transfer monetary values to the relevant legal entities or individuals.
The law does not define the minimum extent of these consequences, but it seems that they must be significant enough to undermine the legitimate interests of the owners or other holders.
Deception as a method of action consists in distorting or concealing circumstances that serve as the basis for the obligation of the subject to transfer values to individuals or legal entities.
Breach of trust involves the use by the perpetrator, to the detriment of the legal entities or individuals he represents, of the powers he has to exploit the property entrusted to him.
Subjective side. The direct intent of the subject covers the properties of the subject of the encroachment, the method of evading its transfer for its intended purpose and the form of the property benefit obtained by him.
The crime is also characterized by a selfish goal, which boils down to the desire to benefit at the expense of the proper recipients of property funds.
The subject of a crime can be sane persons who have reached the age of 16, with the exception of cases where a more mature age of the subject (majority) is assumed.
In Part 2 of Art. 165 establishes liability for the same act committed:
a) or by a group of persons by prior conspiracy;
b) or on a large scale (see note 4 to Article 158).
A particularly qualified crime involves:
a) committed by an organized group;
b) causing particularly large damage (more than 1 million rubles).
The act described in Part 1 of Art. 165, belongs to the category of crimes of minor gravity, and in parts 2 and 3 - of medium gravity.
Wrongful seizure of a car or other vehicle without the purpose of theft (Article 166).
The subject of extortion is any car or other means of transport.
The objective side of the encroachment in question is described within the framework of the formal composition and involves active actions, designated in the law simultaneously by the words “taking” and “hijacking”. Consequently, the criminal act consists of unauthorized seizure of a vehicle and subsequent driving on it.
The completed act takes place when the subject managed to set the captured vehicle in motion.
The subjective side involves direct intent, which is aimed at the illegal temporary use of a vehicle without the consent of the owner or other owner.
The motives for the crime may be selfish, mischievous (hooligan) or other, but in any case there is no purpose of theft and no desire to turn a stolen car or other vehicle into the property of unauthorized persons.
The subject of vehicle theft is a sane person who has reached the age of 14.
In Part 2 of Art. 166 provides for liability for the same act committed:
a) by a group of persons by prior conspiracy;
b) using violence that is not dangerous to life or health, or with the threat of using such violence.
Part 3 Art. 166 provides for especially qualifying circumstances of unlawful seizure of vehicles:
a) committed by an organized group;
b) causing particularly large damage.
Finally, in part 4 of Art. 166 involves the use of violence dangerous to life or health, or the threat of using such violence, to steal a vehicle. An additional object of the act in such cases is the health of the owner, the owner of the vehicle or other citizens capable of preventing the seizure of the object of the attack.
The act described in Part 1 of Art. 166, - of moderate severity, in parts 2 and 3 - grave, and in part 4 - especially grave.
The law (Article 164) defines the theft of items of special value. An additional object of this crime is the historical, cultural, scientific or artistic heritage of the peoples of Russia or other states.
The crime itself is defined in Part 1 of this article as the theft of objects or documents of special historical, scientific, artistic or cultural value, regardless of the method of theft. We are talking about the theft not necessarily of property in the usual sense, but of specific items and even documentary and archival materials that have not just a value calculated in ruble equivalent, but a special value from the point of view of the historical and cultural heritage of peoples. In this regard, as explained in the Resolution of the Plenum of the Supreme Court of the Russian Federation, the special value of stolen items or documents should be determined on the basis of an expert opinion, taking into account not only their value in monetary terms, but also their significance for history, science, art or culture.
The objective side of the crime in question can be expressed in any of the six forms of theft provided for by law. The moment in which it is recognized as a completed crime depends on how this act is committed.
Subjective side. The direct intent of the guilty subject covers both the form of theft committed by him and the special value of the stolen objects or documents. At the same time, the degree of awareness of their value can be different: either the subject knew exactly what kind of objects he had taken possession of, or considered their special value possible, or believed this was not excluded.
The subject of theft under Art. 164, sane persons whose age depends on the form of the act committed can act. In cases of theft, robbery or robbery, these may include persons over 14 years of age, and in cases of fraud - 16 years of age.
In Part 2 of Art. 164 provides for the same act:
a) committed by a group of persons by prior conspiracy or by an organized group;
b) resulting in the destruction, damage or destruction of the specified items or documents.
The act provided for in Part 1 of Art. 164, refers to serious crimes, and in part 2 - to particularly serious ones.
29. Acquisitive crimes against property that are not theft (Articles 165-166 of the Criminal Code of the Russian Federation).
Causing property damage by deception or abuse of trust (Article 165).
The subject of the crime is property assets, usually money, subject to transfer to the state as obligatory payments or to other entities in the form of payment for the use of property or other services.
The objective side of the attack in question is described within the framework of the material composition and presupposes two mandatory signs, one of which - “causing property damage” - characterizes the essence of the act and its consequences, and the second is alternative and indicates the method of committing the crime.
The subject commits a crime in the form of inaction, fails to fulfill the legal obligation to transfer monetary values to the relevant legal entities or individuals.
The law does not define the minimum extent of these consequences, but it seems that they must be significant enough to undermine the legitimate interests of the owners or other holders.
Deception as a method of action consists in distorting or concealing circumstances that serve as the basis for the obligation of the subject to transfer values to individuals or legal entities.
Breach of trust involves the use by the perpetrator, to the detriment of the legal entities or individuals he represents, of the powers he has to exploit the property entrusted to him.
Subjective side. The direct intent of the subject covers the properties of the subject of the encroachment, the method of evading its transfer for its intended purpose and the form of the property benefit obtained by him.
The crime is also characterized by a selfish goal, which boils down to the desire to benefit at the expense of the proper recipients of property funds.
The subject of a crime can be sane persons who have reached the age of 16, with the exception of cases where a more mature age of the subject (majority) is assumed.
In Part 2 of Art. 165 establishes liability for the same act committed:
a) or by a group of persons by prior conspiracy;
b) or on a large scale (see note 4 to Article 158).
A particularly qualified crime involves:
a) committed by an organized group;
b) causing particularly large damage (more than 1 million rubles).
The act described in Part 1 of Art. 165, belongs to the category of crimes of minor gravity, and in parts 2 and 3 - of medium gravity.
Wrongful seizure of a car or other vehicle without the purpose of theft (Article 166).
The subject of extortion is any car or other means of transport.
The objective side of the encroachment in question is described within the framework of the formal composition and involves active actions, designated in the law simultaneously by the words “taking” and “hijacking”. Consequently, the criminal act consists of unauthorized seizure of a vehicle and subsequent driving on it.
The completed act takes place when the subject managed to set the captured vehicle in motion.
The subjective side involves direct intent, which is aimed at the illegal temporary use of a vehicle without the consent of the owner or other owner.
The motives for the crime may be selfish, mischievous (hooligan) or other, but in any case there is no purpose of theft and no desire to turn a stolen car or other vehicle into the property of unauthorized persons.
The subject of vehicle theft is a sane person who has reached the age of 14.
In Part 2 of Art. 166 provides for liability for the same act committed:
a) by a group of persons by prior conspiracy;
b) using violence that is not dangerous to life or health, or with the threat of using such violence.
Part 3 Art. 166 provides for especially qualifying circumstances of unlawful seizure of vehicles:
a) committed by an organized group;
b) causing particularly large damage.
Finally, in part 4 of Art. 166 involves the use of violence dangerous to life or health, or the threat of using such violence, to steal a vehicle. An additional object of the act in such cases is the health of the owner, the owner of the vehicle or other citizens capable of preventing the seizure of the object of the attack.
The act described in Part 1 of Art. 166, - of moderate severity, in parts 2 and 3 - grave, and in part 4 - especially grave.
Determining Value
What is value?
It is definitely different for everyone. For some, even an old, unnecessary refrigerator is valuable.
However, legal theorists view value differently .
Even in the criminal code of the Russian Federation the concept of value sometimes appears.
It sounds like value is importance , as well as some kind of significance, either for a specific person, or for many people, as well as some kind of significance and benefit.
The value that is subject to crime can only have physical value , that is, be material and appear before us in the form of an object.
Values in this context of a crime cannot be called feelings, morals and other invisible manifestations of values.
Value can also be expressed not only by an object, but also by money .
After all, money also has a certain value.
There have been cases when money simultaneously appeared to everyone as valuable as an antiquarian item and as banknotes.
Criminal legal characteristics
This crime is not serious and is very often associated with other crimes, such as theft, robbery or robbery.
That is why these crimes must be considered in their entirety and in order to determine responsibility for these crimes, it is necessary to impose punishment in summary.
Corpus delicti
Objective and subjective side: who is the object and the subject?
The corpus delicti consists , as a rule, of four components . This is, firstly, an object, as well as a subject, objective and subjective sides.
It is also necessary to remember that the correct classification of punishment depends on the correct determination of the details of these parties.
So let's start with the object.
In this crime property relations are affected , because the owner is deprived of a valuable thing.
If we talk about the objective side, then there is no need to invent much.
For example, this crime can be committed through the use of force, threats, misrepresentation, or deception. It can also be a simple action that is not burdened with any unnecessary actions.
also many qualifying features , but we will talk about them in more detail in the next paragraph.
Next, let's look at the subjective side.
On the subjective side, it is important to pay attention to the grounds of the crime, motive and purpose .
As a rule, such crimes are not committed by accident or by inaction. As a rule, there is a clear purpose in the theft of an item of value.
For example, the motive may be enrichment , revenge and some other factors that are directly related to the crime committed.
Now let's look at the subject . As you can already guess, such a subject is a criminal. Two requirements apply to him so that he can fully bear responsibility for the crime committed. The first is that the criminal must be legally competent.
The second requirement comes from age characteristics. The subject must be sixteen years of age to serve his sentence.
Another comment on Art. 164 of the Criminal Code of the Russian Federation
1. The commented article implies liability for theft in any of six forms if it is committed in relation to a special subject of the crime - objects or documents of special historical, scientific, artistic or cultural value.
The special historical, scientific, artistic or cultural value of stolen objects or documents must be determined on the basis of an expert opinion, taking into account not only their monetary value, but also their significance for history, science, art and culture.
2. The objective side of the crime involves theft in one of six forms (see commentary to Articles 158 - 162 of the Criminal Code of the Russian Federation).
3. When assessing whether a crime was committed by a group of persons by prior conspiracy or by an organized group (clause “a” of part 2), one should focus on clauses 8 - 13 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 27, 2007. N 51 “On judicial practice in cases of fraud, misappropriation and embezzlement” or paragraph 21 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 27, 2007 N 51 “On judicial practice in cases of fraud, misappropriation and embezzlement”.
Destruction and destruction of objects and documents (clause “c” of Part 2) involves rendering them completely unusable or physically destroyed, and their damage means partial damage.
Qualifying features
Part two of article one hundred and sixty-four contains an indication of qualifying features . They are three aspects.
The first of them is, as in many other crimes, the commission of an action not by one person, but by a group of people.
Also, a qualifying feature is the fact that this crime was committed by the criminal not once, but at least a second time.
Also, the third point of the second part of the article is an argument in favor of the fact that as a result of the theft, the thing was damaged or allowed.
All these factors influence the increase in punishment.
Signs of theft
A mandatory sign of theft is the illegal nature of the seizure of someone else's property, its transfer into the possession of the perpetrator without legal grounds, without the consent of the owner or other possessor. An essential feature of theft is the gratuitous seizure of someone else's property. Seizure is gratuitous if it is made without compensation, free of charge, with inadequate or symbolic compensation.
Finished works on a similar topic
Coursework The concept and signs of theft. Qualified types of theft 440 ₽ Abstract The concept and signs of theft. Qualified types of theft 270 ₽ Test work The concept and signs of theft. Qualified types of theft 250 ₽
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A mandatory sign of theft is a cause-and-effect relationship between the unlawful actions of the guilty person and the infliction of actual property damage to the owner (other owner). A mandatory subjective feature is a selfish goal, which cannot determine the final result and characterizes the motives and psychological reasons for theft. Theft is an act that is committed for selfish reasons.
Note 1
The purpose of theft is the desire to obtain a real opportunity to use, own and dispose of someone else’s property as one’s own. The purpose of theft is the illegal extraction of property benefits. Taking someone else's property illegally without a mercenary motive does not constitute theft.
The subject of the theft is a person aged 14 years or older.
Distinction from related crimes
It is important to distinguish theft from other crimes that also focus on property relations.
In order to distinguish the crime of theft of objects of value, it is necessary to turn to the subject of the crime.
As a rule, the subject is what the crime occurred about.
An item is one or another valuable thing . Also, the difference lies in the objective side. In case of theft, both open and hidden methods of theft are possible, while thefts, robberies and robberies are committed purely individually.
Non-violent theft
Theft
Main cast
The objective side of theft is expressed in the secret commission of actions aimed at the unlawful seizure of someone else’s property, when:
- it is performed in the absence of the owner (or other owner), or unauthorized persons;
- or occurs unnoticed by such persons, despite their presence;
- in their presence, but the criminal is confident in the invisibility of his actions for others;
- he is sure that the persons are not aware of the nature of the act being committed (for example, a young child or a person whose psychophysiological characteristics do not realize that a theft is occurring).
An act committed in the presence of close persons of the perpetrator will also be recognized as secret theft, and these may not only be relatives. The criminal, in turn, must expect them to keep the theft secret.
If such persons tried to stop the act being committed, it should be classified not as theft, but as robbery. In cases where such attempts were made for reasons of protecting the culprit, and he himself counted on maintaining a secret, there will be no reclassification for robbery.
If the criminal was caught while committing a crime, and he himself tries to escape, the act will also not be reclassified. It will be qualified as attempted theft (Article 158 + Part 3 of Article 30). The use of violence will be classified depending on who it was applied to .
So, M. attempted to steal from the Auchan store. Having made sure that he was not being watched, he took a hairdryer and an iron from the shelf (the total amount of both goods exceeded 7 thousand rubles), which he first placed in the consumer basket. Finding himself in another department, he transferred these goods to his backpack, after which he decided to leave the store. At the entrance he was stopped by a security guard. The court found him guilty of attempted theft. Punishment is a fine of 10,000 rubles.
Taking lost property is not theft . The property of other persons that accidentally ends up in a person’s possession does not contain signs of theft, as well as any other crime.
When committing theft without aggravating circumstances (Part 1 of Article 158), the punishment can be imposed as the least severe (from a fine to restriction of freedom), or the most severe (forced labor or arrest), up to imprisonment for up to 2 years. As a rule, imprisonment is rarely imposed.
Due to the absence of arrest houses, this type of punishment such as arrest is not used, although it is indicated in most norms.
Most often, if the culprit admits his guilt and generally has a good character, he is given a fine or compulsory labor, as, for example, in the case of A., who stole a children's bicycle located in the vestibule partition of the apartments. After making sure that no one was following him, he rolled out a bicycle, the cost of which was estimated at 3 thousand. Since the property was returned to the owner and the accused admitted guilt, the sentence imposed 180 hours of compulsory labor.
Skilled
The law identifies in Art. 158 qualified and especially qualified trains . The first ones are reflected in part 2 of this article and represent the following actions:
- theft committed by a group of persons by prior conspiracy;
- with illegal entry into premises or storage;
- causing significant damage to a citizen;
- from clothes, bags or carry-on luggage that are with the victim.
Responsibility for these acts increases to 5 years in prison. Let's analyze these compositions.
- Preliminary conspiracy . In order to qualify an act as a preliminary conspiracy, there must be at least two performers who agreed in advance to commit the theft. In this case, the perpetrator can be recognized not only as the person who directly committed the theft, but also other participants who did not take such an active part in the theft itself, but helped remove an obstacle (pick a lock, for example), provided backup, or removed the stolen property. Theft committed without prior conspiracy (for example, when one of the accused has already started the theft, and the second decided to join later), will be qualified under Part 1 of Art. 158, however, the court may take into account a group of persons without prior conspiracy as an aggravating circumstance, referring to paragraph “c” of Part 1 of Art. 63.
- Penetration into premises . The concept of premises is given in the note to Art. 158. It refers to any buildings and structures, regardless of the form of ownership, that are intended for the temporary residence of people or the placement of things of the material world for official purposes. In order for theft to be recognized under this paragraph, a person must illegally enter such premises or commit theft using devices (hooks, loops, etc.).
- Significant damage . It was mentioned above - at least 5 thousand rubles. In rare cases, the court, taking into account all the circumstances of the victim’s life, may come to the conclusion that 4 thousand is a significant amount for him. But due to slight increases in the minimum wage and the cost of living, it becomes more difficult to recognize a smaller amount as significant.
- From clothes, bags or carry-on luggage . The classification of theft from clothes, bags or carry-on luggage as a qualified offense is determined by a criminological reason.
Such activities are classified as professional crime. It is important to note that theft of clothing itself will not qualify under this clause. The theft of chains and pendants is also considered theft of clothing, therefore, liability will arise on a simple basis.
Particularly qualified
They are described in parts 3 and 4 of Art. 158. Part three involves the following actions :
- illegal entry into a home;
- committing theft from an oil pipeline, oil product pipeline, gas pipeline;
- large size;
- from a bank account or electronic money.
The most severe liability is presented in the form of imprisonment for up to 6 years. Taking into account aggravating circumstances, in addition to imprisonment, a fine and restriction of liberty may be imposed.
- Penetration into a dwelling . Penetration into a dwelling is classified on the same grounds as penetration into a premises. However, this composition is a more dangerous crime, since it has an additional object - social relations in the sphere of constitutional rights, namely, illegal entry into a home. Composition of Art. 139 will not be an additional qualification. In practice, there are enough cases when the caught culprit, having committed an attempted burglary, convinced of the intent to simply enter the house for some other purpose, since liability under Art. 139 is small, there is no deprivation of liberty at all. Housing means a room that is suitable for permanent or temporary residence of people. It does not matter whether the theft occurred in a private home or in a hotel room.
- From an oil or gas pipeline . It is considered an alternative element of theft from a storage facility, but nevertheless, the legislator identified it as a group of especially qualified elements.
If by cutting into pipelines they are destroyed, the actions are additionally qualified under Art. 215.3. - Large size.Size see above. The commission of multiple thefts, the total amount of which reached the specified amount, is qualified only if the theft of property for a given amount was committed in the same way and under similar circumstances. The perpetrator must have the intent to steal in such an amount.
- From a bank or electronic account . This is a new formulation introduced in April 2022, and the practice of its use is currently scarce.
Part four
It combined 2 compositions:
- theft committed by an organized group;
- especially large size.
In these cases, the perpetrator will not be able to limit himself to a mild punishment, as could have happened to him with a simple or qualified composition. The most severe punishment can reach 10 years in prison; in addition, a fine and restriction of freedom may be imposed.
- Organized group . Represents a stable group of people united to commit one or more crimes. Regardless of the role of the group members (organizer, instigator, accomplice), the act will be qualified as co-perpetrator, without reference to Art. 33.
- Particularly large size . The classification of several thefts in an amount exceeding 1 million rubles is carried out similarly to multiple thefts on a large scale.
Fraud
Criminal law distinguishes both the general elements of fraud (Article 159) and special rules reflected in individual articles. From a criminological point of view, fraud belongs to the group of professional crimes . Anyone can be deceived by a professional.
Main cast
In this type of theft, the victim plays an important role. A victim of fraud can only be a legally capable person who knowingly transfers property to the fraudster.
Deception by a minor or incompetent person is classified as theft.
The objective side is expressed in the taking of someone else's property or the right to it through deception or abuse of trust. Deception means the communication of knowingly false information or the omission of any significant information. Abuse of trust is expressed in the use of trust relationships that arose due to certain circumstances for personal gain.
The punishment under the first part of this article, as in the case of theft, is not severe (imprisonment for up to 2 years is the most severe in this case). In practice, imprisonment is imposed only in exceptional cases .
Thus, L., having the intent to steal someone else’s property, received from the victim by deception a money transfer to a bank card in the amount of 3,500 rubles. The amount was received under the pretext of obtaining a permit to transport passengers by car. The accused knew that he did not have the opportunity to obtain such a permit.
Then L., under the pretext of installing a taxi calling program on the victim’s tablet computer, received a money transfer from the victim in the amount of 4,000 rubles. Having fraudulently received 7,500 rubles, the accused disappeared and disposed of the stolen funds at his own discretion.
Taking into account the defendant's admission of guilt, the court sentenced him to restriction of freedom for 6 months.
Qualified
Part two of Article 159 identifies fraud committed by a group of persons by prior conspiracy or causing significant damage. In terms of qualification, such acts coincide with theft. The maximum amount of liability can be imposed in the form of imprisonment for up to 5 years , and, as an additional punishment, restriction of freedom for up to 1 year.
Particularly qualified
Part three – fraud by a person using his official position or on a large scale. Imprisonment increases to 6 years.
- Official position . A type distinguished by a special subject.
Such a person is understood to be a citizen performing the functions of a government representative, or performing administrative or organizational functions in a state or municipal service, or persons performing similar functions in a commercial organization. Any crime involving the use of one’s official position is considered dangerous and therefore falls into the category of qualified crimes. - Large size is the same as theft.
Part four
- Organized group.
- Large size.
- The act resulted in the deprivation of the victim's right to residential premises.
Those guilty of committing these acts face up to 10 years in prison . In addition, they may be subject to a fine of up to a million rubles and restriction of freedom for up to 2 years.
Deprivation of the right to housing - this type has an additional object - an encroachment on a person’s constitutional right to housing, and for this reason it is placed in a specially qualified group. Statistics show that single pensioners often become victims of this crime.
An alternative component of “simple” fraud and its special varieties
- Alternative composition.The composition of parts 5 – 7 of Art. is of greatest interest. 159, fraud in the field of business, which has a higher assessment of significant damage, large and especially large, different from other elements of theft. It also differs in the presence of a special subject - an individual entrepreneur. Fraud associated with deliberate failure to fulfill contractual obligations in the field of entrepreneurship will be recognized as such if it entails significant damage.
The minimum penalty is a fine of up to 300 thousand rubles, and the maximum is imprisonment for up to 5 years (in addition, restriction of freedom for up to 1 year).If this act is committed on a large scale, the punishment increases to 6 years, and a fine is added to additional restriction of freedom. For particularly large amounts, liability is up to 10 years.
- Special compositions of fraud . In design, they practically do not differ from “simple” ones. Their differences are expressed only in the objective side and the amount of damage, which was mentioned earlier.
Misappropriation or embezzlement
Basic
The objective side consists of two alternative compositions, which are generally characterized by signs of other forms of theft (selfish purpose and lack of will of the owner):
- appropriation (i.e. retention, failure to return) property that does not belong to a person, which was entrusted to him;
- waste (expenditure) of such property.
In the event that part of the embezzled property is wasted by the perpetrator, the act will not form a set of crimes.
As with theft and fraud, the punishment does not seem severe . A two-year imprisonment is also imposed in rare cases.
S., being a sales consultant for Euroset LLC, took two smartphones from the back room, the total cost of which was 13,588 rubles, thereby appropriating the property entrusted to him. The court took into account the admission of guilt and, based on this, sentenced him to 112 hours of compulsory labor.
Skilled
They repeat qualified acts of fraud.
Part two art. 160 – commission of an act by a group of persons by prior conspiracy or causing significant damage , which is punishable by five years of imprisonment with additional penalties.
Accused M. received a motorcycle from the victim for repairs. Having received the property entrusted to him, M. dismantled it for parts against the will of the owner of the vehicle. The parts were sold to an unknown person. The accused squandered the money for his own purposes, causing significant damage to the victim. The accused admitted guilt and paid damages. The court sentenced him to correctional labor.
Read more about responsibility and punishment for theft of funds (and not only) at work here.
Particularly qualified
The qualification actions described below coincide with similar actions when committing theft or fraud.
- Part three – using one’s official position (special subject) or on a large scale. Responsibility increases to 6 years.
- Part four provides for all forms of embezzlement or embezzlement committed by an organized group or on a particularly large scale. Those found guilty face up to 10 years in prison (and additional punishment).
Petty theft
It is not a crime, although it contains the elements indicated in the simple elements of theft, fraud, embezzlement and embezzlement.
According to Part 1 of Art. 7.27 of the Administrative Code, the amount of theft should not exceed a thousand rubles, and for the second part - 2,500 rubles. Repeated commission of these actions within a year (that is, until administrative liability is lifted) entails criminal prosecution under Art. 158.1 of the Criminal Code of the Russian Federation.
Read more about when the punishment for petty theft will be administrative under Code of Administrative Offenses 7.27, and not criminal, read here.
Punishment and responsibility
Responsibility for this crime is prescribed in the criminal code of our country.
Thus, the code states that this crime is punishable by imprisonment for up to five years .
Also, if it is proven that the crime was committed without qualifying characteristics, one can hope for a fine in the amount of several salaries and correctional labor of up to one hundred and fifty hours.
Judicial practice under Article 164 of the Criminal Code of the Russian Federation
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated May 30, 2018 N 25-APU18-2SP
- under paragraph “c” of Part 4 of Art. 164 of the Criminal Code of the Russian Federation for 11 years in prison. Based on Part 3 of Art. of the Criminal Code of the Russian Federation for the totality of crimes by partial addition of the sentences imposed on A.M. Khadzhaev. sentenced to 16 years in prison with restriction of freedom for a period of 1 year 6 months.
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated October 02, 2018 N 5-APU18-52
By a resolution of the Deputy Prosecutor General of the Russian Federation dated June 18, 2022, the request of the Prosecutor General's Office of the Republic of Uzbekistan for the extradition of F.N. Bobokulov was satisfied. to bring to criminal liability under paragraph “c” of Part 4 of Art. 164, paragraphs “a”, “c”, part 4 of Art. 164 of the Criminal Code of the Republic of Uzbekistan.
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated October 3, 2019 N 46-APU19-10
by a resolution of the Deputy Prosecutor General of the Russian Federation dated April 23, 2022, the request of the Prosecutor General’s Office of the Republic of Uzbekistan for the extradition of S.N. Karabaev was satisfied. law enforcement agencies of the Republic of Uzbekistan to bring him to criminal responsibility for committing crimes provided for in clauses “i”, “o”, “p”, part 2 of Art. (premeditated murder), paragraph “g”, part 3 of Art. 164 (robbery) of the Criminal Code of the Republic of Uzbekistan.
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated June 20, 2018 N 18-APU18-8
By the resolution of the Deputy Prosecutor General of the Russian Federation dated March 19, 2022, the request of the Prosecutor General’s Office of the Republic of Uzbekistan for the extradition of G.S. Polevoy was satisfied. to bring to criminal liability for robbery with unlawful entry into a home under paragraph “c” of Part 3 of Art. 164 of the Criminal Code of the Republic of Uzbekistan. The same resolution refused to extradite G.S. Polevoy. to bring to criminal liability for theft under paragraph “c” of Part 2 of Art. 169 of the Criminal Code of the Republic of Uzbekistan due to the expiration of the statute of limitations for criminal prosecution.
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated September 28, 2017 N 44-APU17-15
sentenced to imprisonment under Art. 162 part 2 of the Criminal Code of the Russian Federation for 7 years with a fine of 60,000 rubles, with restriction of freedom for 6 months; according to Art. 164 part 2 paragraph “a” of the Criminal Code of the Russian Federation for 6 years with a fine of 60,000 rubles, with restriction of freedom for 6 months; according to Art. 105 part 2 paragraph “g” of the Criminal Code of the Russian Federation for 15 years with restriction of freedom for 1 year.
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated October 31, 2017 N 5-APU17-96
Kariabdiev D.S. acquitted under Art. 164 part 4 paragraphs “a”, “c” of the Criminal Code of the Russian Federation due to non-involvement in the commission of this crime. Having heard the report of judge A.S. Kolyshnitsyn, explanations of the convicted K.F. Usmonov, A.M. Azizov, Sh.A. Askarov, B.R. Dzhangibekzoda, B.D. Etmishev, lawyers R.S. Teuvazheva, A. Ursola L.L., Poddubny S.V., Shapovalova N.Yu., Misailidi O.S., Prigodina V.V., who supported the arguments of the appeals, objections of the prosecutor Samoilov I.V., who believed the verdict to be left unchanged, Judicial Collegium
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated December 18, 2018 N 9-APU18-19
according to clause “a”, part 2 of art. 164 of the Criminal Code of the Russian Federation to 6 years in prison with a fine of 20,000 rubles, with restriction of freedom for 6 months; according to clause “b”, part 4, art. 158 of the Criminal Code of the Russian Federation to 3 years in prison with a fine of 5,000 rubles, with restriction of freedom for 9 months;
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated 04.04.2019 N 33-APU19-10
June 29, 2007 under clauses “a”, “d”, part 2 of art. 164 of the Criminal Code of the Russian Federation using Art. of the Criminal Code of the Russian Federation to 6 years 10 months of imprisonment, released on November 20, 2013 after serving the sentence; April 2, 2022 under clauses “a”, “b”, “c”, part 2 of art. 158, paragraph “a”, part 3, art. 158, paragraph “a”, part 3, art. 158, paragraph “a”, part 3, art. 158, paragraph “b”, part 3, art. 158, part 1 art. 161, part 2 art. 228 of the Criminal Code of the Russian Federation to 4 years in prison
Cassation ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated January 28, 2021 in case No. 9-UD20-32sp-A4
according to clause “a”, part 2 of art. 164 of the Criminal Code of the Russian Federation to 11 years of imprisonment with restriction of freedom for a period of 1 year; according to clause “a”, part 3, art. 161 of the Criminal Code of the Russian Federation (in relation to ...) to 8 years of imprisonment with restriction of freedom for a period of 1 year;
