Problems of judicial practice in criminal cases of crimes under Art. Art. 166, 264 and art. 264.1 of the Criminal Code of the Russian Federation (p. 18)

Unfortunately, car thefts in Russia occur quite often. Statistics on the theft of several thousand cars are published annually, so this phenomenon cannot be ignored.

Previously, pddmaster.ru published articles on how to protect a car from theft and what to do if a car is stolen.

Today we will consider penalties for theft, theft and other illegal actions with a vehicle. You will learn:

• How is theft different from theft?
• What are the penalties for theft?
• What are the penalties for theft?
• What are the penalties for robbery?
• What are the penalties for robbery?
• What punishment can you get for stealing a car?

Let's get started.

What is the difference between car theft and theft?

Let's consider two articles from the Criminal Code of the Russian Federation:

• Article 158. Theft.
• Article 166. Wrongful seizure of a car or other vehicle without the purpose of theft.

Each of these articles can be attributed to the taking of a vehicle, however, the penalties for these articles vary. Therefore, before moving on to considering them, you need to understand the difference between car theft and theft:

Theft is the unlawful taking of a car or other vehicle without the purpose of theft.

Theft is the secret theft of someone else's property.

Those. theft involves the theft of property, but theft does not involve theft. It remains to understand what theft is. Let us turn to the note to Article 158 of the Criminal Code of the Russian Federation:

1. In the articles of this Code, theft refers to the illegal gratuitous seizure and (or) conversion of someone else’s property for the benefit of the perpetrator or other persons, committed for mercenary purposes, causing damage to the owner or other holder of this property.

So, if an attacker takes possession of a car for the purpose of selling it, selling it for parts or using it for personal purposes, then this is theft. If the attacker's goal was to get somewhere, i.e. “to go for a ride”, then this is theft.

Please note that the above describes a situation in which a car is stolen secretly, i.e. the owner is not present. In practice, you can sometimes encounter cases of robbery (open theft of property - Article 161 of the Criminal Code of the Russian Federation) and robbery (attack with violence dangerous to life or health - Article 162 of the Criminal Code of the Russian Federation). The penalties for these crimes will also be discussed below.

Difference between concepts

No citizen should be held accountable for an act prohibited by law that he did not carry out. At the same time, everyone is responsible for their illegal actions. Quite often in judicial practice there are problems in qualifying the actions of a violator, and all because of the presence of identical signs in different legislative norms. The size of the punishment and the further fate of the person answerable to the law depend on how correctly the crime is classified.

Despite the similarity of crimes, car theft and car theft differ in the following criteria:

• The goal is that during theft, the criminal temporarily wants to take possession of someone else’s property, and during theft, the desire to permanently use the vehicle or sell it in whole or in part is determined.
• Intent - when stealing, there is no malicious intent, the offender may only want to ride or catch up with someone, and when stealing, there is malicious intent - to violate property rights.
• Age of the offender - theft is carried out by young people, often teenagers, which is why a lower limit of responsibility has been established in comparison with other crimes. Teenagers can steal cars purely out of interest, but when it comes to theft, there are adult criminals who carefully plan the theft.
• Awareness of actions - theft is carried out in most cases under the influence of alcohol or drugs, but when theft occurs, all attackers act consciously, carefully calculating every step.
• The cost of a car - when stealing, this point is not taken into account at all, but for theft, criminals often choose high-status, expensive cars.

The difference between theft and car theft lies in the length of punishment for the action taken, as well as in the circumstances of the crime. The theft is carried out secretly from everyone, they wait for a special moment or time period, but as for theft, surprise plays a huge role here.

Hijacking of a train, air or water transport in Article 211 of the Criminal Code of the Russian Federation

An example would be a situation in which a young man received a license and, walking down the street, saw an open police patrol car. Law enforcement officers were arresting the criminal and asked for help from the driver who had left the car unlocked. The guy, without malicious intent, in broad daylight, decided to test his driver skills. He got into the car and drove away, then he returned the car, but was already prosecuted for theft. If he had committed the same action at night, sneaking up on a vehicle and subsequently stealing a car and selling a tape recorder or wheels from it, then this would already be theft.

Punishment for car theft in 2022

Punishment for vehicle theft

Car insurance

In modern society, there is an excellent opportunity to protect your vehicle not only from road accidents, but also from theft. For this purpose, there are insurance companies that compensate for any costs in the event of loss or breakdown of the car.

The client is offered different packages of services depending on the wishes, as well as financial capabilities. And everyone chooses what suits them best.

Knowing the difference between theft and theft plays a huge role in the insurance process, although at first glance it may seem that the victim does not care under which article the perpetrator will be held accountable. The difference is important for CASCO insurers, because insurance payment can only be received if the theft is confirmed by a copy of the decision to initiate a criminal case.

If there is a theft, a copy of the theft order is required. If the theft is subsequently reclassified as theft, the victim will not receive payment, since CASCO separately determines the insured event. That is why, when choosing a package of services, you need to be very careful about anti-theft systems and insurance of your property. By avoiding insurance, you deprive yourself of an excellent opportunity to compensate for the damage received and restore justice.

Punishment for robbery

Main characteristics

Crimes should be classified according to certain criteria. It is important to define each point in order to clearly understand what exactly happened. We will look at what characteristics will be taken into account.

Qualification by characteristics:

1. Target. It is necessary to clearly define the purpose for which the criminal act was committed. Theft occurs without the desire to appropriate property or money, for example, by selling a car. Theft, on the contrary, is carried out to obtain profit from the sale of a car or its specific elements.
2. Objective side. It manifests itself in the active actions of the criminal. When a theft occurs, the attacker carefully thinks through everything in advance. Let's say he decides where the car will be stored, how the lock can be opened, how to sell the car. In the event of a theft, everything happens unexpectedly and thoughtlessly. For example, an attacker simply had a desire to take a ride in someone else’s car.
3. Subject. The age of the attackers is determined. The hijackers are people under 20 years old, and thefts are committed by more mature people. Because young criminals do not realize the consequences of their actions and simply do what they want. Adults understand what they can expect for theft.
4. The moment of ending. The theft will end the moment the criminal decides to dispose of the stolen property. That is, he will find an opportunity to sell the car. The theft will be completed the moment the attacker moves the vehicle from its location.
5. Subject of encroachment. When a criminal decides to steal a car, he does not know its approximate cost and does not pay attention to the make. If theft occurs, then the person clearly understands what profit he will receive and looks for the most profitable object.

This list is not complete and allows only a rough understanding of the elements of the crime and the differences between the types considered. It is not difficult for law enforcement officials to determine what type of unlawful act is. However, it will be useful for ordinary citizens to know by what parameters a violation can be classified.

Punishment for robbery