The effectiveness of solving and investigating vehicle thefts largely depends on the investigator’s correct assessment of the current specific situation in a criminal case. Depending on the amount of initial information about the person who committed the criminal act and the subject of the attack, three investigative situations typical for this category of crimes can be distinguished:
- The person who committed the crime is known, and the stolen vehicle is found
- The person who committed the crime is unknown, but a stolen vehicle was found
- The person who committed the crime is not known and the stolen vehicle has not been found.
The system of investigative actions in the first situation may be as follows: detention of suspects; their personal search; examination; interrogation; searches at places of residence and work; seizure of property; inspection of the scene and objects, such as burglary tools; inspection of vehicles (belonging to victims and suspects); interrogation of victims and witnesses; seizure and inspection of documents for a stolen vehicle; obtaining samples for comparative research; appointment of forensic and other examinations; presenting detained and discovered items for identification; checking and clarifying evidence on site; Conducting confrontations and investigative experiments.
In the second situation, the investigator's efforts should be aimed at maximizing the opportunities for investigating the detected vehicle. For this purpose, it is necessary to: inspect the scene of the incident, the vehicle and the area where it was found; interrogate witnesses from among the persons who discovered the vehicle, who happened to be near it for one reason or another, and traffic police officers; interrogate in detail about the circumstances of the theft of the victim and other knowledgeable persons (watchmen, security guards, officials, financially responsible persons, service personnel); seize and inspect documents for the stolen vehicle; obtain the necessary samples for comparative research; depending on the results of the inspections, assign forensic examinations: biological, fingerprinting, merchandising, transport and traceological, automotive, examination of the restoration of destroyed markings, traces of application (microparticles), etc.
In the third situation, it is most difficult to organize an investigation, since there is complete lack of information about the person who committed the crime and the location of the stolen vehicle. In this case, it is advisable to begin the investigation by putting forward general versions.
Then, taking into account the forensic characteristics of vehicle thefts, private standard versions are developed. The basis for putting forward standard versions is not so much factual data as professional experience, the intuition of the investigator, as well as the results of generalization of forensic investigative practice and knowledge of the operational situation in the serviced territory. The initial investigative actions include: inspection of the scene of the incident; interrogation of the victim; examination (if necessary); interrogation of witnesses from among citizens working and living near the place of theft, relatives, acquaintances of the victim; seizure of documents for a stolen vehicle; inspection of documents and discovered objects; presentation for identification of objects and documents; obtaining samples for comparative research; appointment of forensic and forensic examinations in order to determine the probable signs of suspects, weapons of crime and methods of committing it, displayed in the surrounding environment (traces of hands, shoes, blood, etc.).
Successful detection and investigation of vehicle thefts largely depends on the quality and timeliness of such investigative actions as:
- inspection of the scene of the incident;
- inspection of the vehicle and documents;
- detention of a suspect;
- search;
- interrogation of suspects, victims and witnesses.
It is these investigative actions that are aimed at establishing the event of the crime, the method and traces of its commission, escaped criminals and stolen vehicles, as well as identifying other circumstances relevant to the case.
Inspection of the scene of the incident
The scene of the incident in cases of this category may include several nodes: a garage, other premises or open parking lot from where the vehicle was stolen; surrounding area; traces and objects that are important to the case. Sizes, distances, relative positions of objects, damage to barriers and locks are also subject to recording, i.e. such information, the verbal description of which presents significant difficulties. Therefore, along with drawing up an inspection report, the practice of investigating vehicle thefts requires paying special attention to graphically recording the situation at the scene of the incident (drawing diagrams, plans, drawings).
Theft - how the topic is presented on the Internet and the media
The topic of thefts regularly arises and is discussed in the press, but for some reason detailed practical materials are extremely rare, accordingly, I will try to somehow understand the situation using the example of several episodes in which I or people I know were a participant or witness.
I will describe the topic in two texts, separately highlighting the issues of car theft and theft.
Theft of everything and everywhere - what happens, how to protect yourself
Theft in the subway, theft in ground transport and in cafes, theft of equipment - what you need to know to protect yourself
Contents: Theft in the subway (episode 1) Can video filming in the subway protect against thieves? A wallet on the subway rails and a stolen lens, warning from the British Foreign Office. What they write about theft in the subway - materials from the Ministry of Internal Affairs and the media. Theft in the subway - official statistics and media perceptions - differences on the order of magnitude Theft of various equipment - photographic equipment, smartphones, laptops (episode 2) Theft, robbery, robbery - differences Taking away smartphones and other gadgets from children and adolescents (episode 3) Theft - ground public transport (episode 4) Theft - electric trains, suburban railway message Theft - shops, nothing has changed for decades Theft - cafes, restaurants Theft of car keys Theft of phones and smartphones and mobile operators Recommendations and tips - how to avoid becoming a victim of thieves Backpacks, how to wear them so as not to be stolen, backpacks and anti-theft bags (under clothes) Theft - why it makes sense to write a statement to the police and record the crime
Thefts and car thefts
Theft, theft and theft of cars - theft from shopping centers, theft of car keys
Table of contents:
Stealing, theft and theft of cars - legal nuances of classification Stealing a car from parking lots of shopping centers (episode 5) Theft - statistics of the Ministry of Internal Affairs and reality - parallel worlds Theft - what cars are stolen To steal a car, it is enough to steal the keys Stealing who becomes a victim How to avoid becoming a victim of theft Car theft, how to protect yourself from theft using modern IT tools
Published 01/28/2020, version 0.9 from 01/28/2020
Author: © Alexander Rulim (Sasha Rulim)
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Vehicle inspection
The possibility of carrying out this investigative action arises only when the wanted vehicle is discovered. A general inspection of a vehicle begins with an overview of the location where it was found and the surrounding environment. In the surrounding area, you need to look for traces of the vehicle’s movement, traces of its dismantling or replacement of individual components (units), including license plates. You need to be especially careful around the car, where you can find traces of shoes of people involved in the abduction. At the stage of detailed inspection, the car is conditionally divided into several parts, each of which is subject to a thorough examination. Then traces and objects are confiscated, which can later become evidence.
The interrogation of victims is an important part of the complex of initial investigative actions and operational search activities carried out at the initial stage of the investigation of vehicle thefts. However, the order and tactics of its implementation should be determined depending on the developing investigative situation.
First of all, the victim is asked:
- at what time and where the theft was committed;
- what is the premises or other storage facility from where the car was stolen;
- what rights does the victim have to this premises;
- what are the individual characteristics and special features of the stolen vehicle;
- how much gasoline remained in the tank of the stolen vehicle, what was the last speedometer reading; what documents were in the stolen car;
- what other property was stolen from the garage, its name, individual characteristics, value;
- whether the vehicle was insured;
- what circumstances preceded the crime;
- who had access to the garage (other storage facility) from where the theft was committed;
- what traces or objects were left by the criminals at the scene of the crime;
- who does the victim suspect of committing this crime;
- can the victim identify the criminals and the stolen property, by what signs and marks.
Without the purpose of theft and proof: why Article 166 of the Criminal Code needs to be repealed
Author: Ivan Soloviev, Doctor of Law. Sc., Professor, Honored Lawyer of the Russian Federation
Doctor of Law, Professor, Honored Lawyer of the Russian Federation Ivan Solovyov told Pravo.ru readers about his position on Art. 166 of the Criminal Code of the Russian Federation (theft is a punishment ranging from a fine to 12 years in prison) and why it differentiates criminal liability not in the interests of the victim, but in the interests of the criminal.
When we were still schoolchildren, one boarding school student stole a cap that was dear to him from my friend. Later, at the police station, the district detective wearily asked my friend: “Did he ask you to wear it?” And when he honestly answered that no, the operator turned to the boarding school student and said: “You see, he didn’t give you the thing. You took her without asking. Which means you just stole it.” These words stayed with me forever and came to mind in connection with another discussion of the question of what is the difference between car theft and theft.
Stole is not stolen
Currently, Article 166 of the Criminal Code of the Russian Federation provides for liability for the unlawful taking of a car or other vehicle without the purpose of theft - that is, for theft in itself. However, many lawyers and victims of such thefts ask the question why theft - that is, an encroachment on a citizen's property - is not subject to legal assessment on an equal basis with other selfish attacks on other property?
Indeed, the article of criminal liability on hijacking in its current version seems to have been written specifically for hijackers, so that they would not be imprisoned for a longer period as thieves or robbers. It clearly distinguishes between vehicle theft and theft. Fundamentally, vehicle theft differs from the latter in that the perpetrator does not have a selfish motivation, that is, the goal of using the stolen vehicle for his own benefit or for the benefit of others. This legal assessment of thefts has taken root in judicial and investigative practice. Therefore, all thieves who are caught red-handed with a stolen car unanimously repeat that they took the car for a ride or to take a friend to the hospital - and their intention was not to appropriate the car, but simply to “rent” it.
In this case, differentiation of criminal liability is laid down in the law not in the interests of the victim, but in the interests of the person who committed the crime. Moreover, the criminal legal qualification of the crime depends mainly on the testimony of... the offender. And numerous appeals from citizens to the Ministry of Internal Affairs of Russia with complaints about the imperfection of the norms of the Criminal Code that define the signs of the crimes we are considering, the difficulties in distinguishing between thefts and thefts of vehicles that occur in investigative and judicial practice indicate that the existing structure requires adjustment.
Any unlawful gratuitous seizure of someone else’s property in favor of the perpetrator or other persons, regardless of its purpose and duration, should be considered as theft, since this act violates the legally protected right of ownership. And in the Russian Federation, in accordance with Article 8 of the Constitution, private, state, municipal and other forms of property are equally recognized and protected.
When cars were rare
Illegal seizure of any thing of the victim, stopped until the moment when the perpetrator has the opportunity to freely dispose of it, is qualified as attempted theft, and there is no need to establish the purpose of its commission. Thus, the legislator established clear liability for the hijacking of an aircraft. He uses the same criteria to consider the theft of a horse or cow.
But an equivalent crime that encroaches on a car requires establishing the purpose of the seizure and, if it is impossible to prove selfish motivation, is qualified as theft.
This norm of liability for vehicle theft has existed in criminal law since the times when a car was a luxury and a rarity, and has long been outdated: today almost every family owns a car, and the criminal business associated with their thefts is focused not only on the seizure of the car itself for its further operation, but also for disassembly for spare parts, as well as for committing other crimes.
However, when assigning punishment to persons convicted under Article 166 of the Criminal Code, as a rule, a liberal approach is chosen. This is also shown by judicial statistics: for example, in 2013, out of 17,886 convicts, only 31.6% received a sentence of imprisonment, and 44.7% received a suspended sentence to imprisonment. In the first six months of 2014, out of 7,762 convicts, 18.2% of those convicted were given imprisonment as a punishment, and 41.2% were given a suspended sentence of imprisonment.
It should be noted that the sanctions of the norms provided for in Article 166 of the Criminal Code are relatively comparable in severity to the sanctions of other norms of the Criminal Code on theft. Thus, for the theft of a car in the absence of qualifying signs, a punishment may be imposed in the form of imprisonment for a term of up to five years, and for a particularly qualified theft (with the use of violence dangerous to life or health, or with the threat of such violence) - up to 12 years .
Thus, Article 166 of the Criminal Code of the Russian Federation is not only outdated, but also redundant: in order to effectively prevent criminal attacks on vehicles, it is more expedient to qualify the acts that are covered by Article 166 of the Criminal Code today according to the relevant standards establishing criminal liability, in particular for theft, robbery, robbery or fraud.
To immediately anticipate the objections of fans of force majeure situations: to regulate them, Article 39 of the Criminal Code “Extreme Necessity” is sufficient - theft of a vehicle (formally containing all the elements of a crime) cannot entail criminal liability, for example, in order to deliver a seriously ill or injured person to the nearest hospital or to eliminate other dangers that cannot be eliminated by other means.
Hijackers and kidnappers are “birds of a feather”
It should be recognized that there is another problem that has not yet been resolved. Now a person who, in accordance with criminal law, did not steal a car, but only “drove” it, is not obliged to compensate for material damage to the owner. However, in April 2015, the Constitutional Court, in its ruling on a complaint from Astrakhan resident Vladimir Kryazhev, declared the provisions of the Civil Code and the Criminal Code inconsistent with the Constitution as not allowing the recovery of property damage from a car thief if he did not have the purpose of theft. Thus, the Constitutional Court confirmed that hijackers and kidnappers are “birds of a feather” and must bear financial responsibility for their actions.
It seemed that this was a good opportunity to exclude Article 166 from the Criminal Code. However, a different path was chosen: in October of this year, in pursuance of the said resolution of the Constitutional Court, the Government of the Russian Federation introduced to the State Duma a bill on the recovery of damages from a car thief in cases where a stolen and abandoned vehicle is stolen or damaged by an unknown person.
An amendment that allows victims to recover damages caused by a chain of different and formally unrelated crimes is proposed to supplement Article 1080 of the Civil Code of the Russian Federation “Liability for jointly caused harm.” A car thief who only drove a car “without the purpose of stealing,” or any person who unlawfully took possession of someone else’s property, which was then stolen or damaged by a criminal unrelated to the first person, will be required to compensate for the damage unless they prove the absence of their guilt in causing it. The hijacker will then be able to recover the paid amount of damage by “recourse” from the tortfeasor, if he can be found.
In the proposed version, the draft does not fully resolve the issue and looks like a half-measure. If only because it leaves the hijacker the opportunity to prove that the harm was caused through no fault of his own. If everything remains as it is, then such patching of holes in the worn-out legislative fabric will not only not solve a long-overdue issue, but will look like a mockery of citizens - owners of property who have lost it due to unlawful actions, be it theft or theft.
Editorial opinion may not reflect the views of the author
- Legal community, Courts and judges
- Article 166 of the Criminal Code of the Russian Federation
Interrogation of witnesses
Eyewitnesses of the crime may be questioned as witnesses in cases of vehicle theft; employees of institutions, enterprises and firms where they commit theft; people who permanently live or happen to be near the scene of the incident; persons who took measures to prevent crime and apprehend criminals; guards of garage cooperatives and security guards of car parks; law enforcement officers, in particular the traffic police; auto service workers; relatives and friends of the victim.
During the interrogation of this category of witnesses, it is necessary to find out:
- at what time, where and in what way the theft was committed; what vehicle was stolen and who owns it; how many criminals there were, their characteristics, manners;
- what is the nature of the actions of each criminal;
- what tools, objects and instruments were used in the commission of the crime; in which direction the wanted people fled; where the witness was at the time of observing the crime;
- whether the witness knows the victim or the perpetrators; who else could have seen this crime?
The investigator should receive such information as early as possible, because it is necessary to organize a search for escaped criminals and a stolen vehicle without delay.
The peculiarities of the tactics of interrogating bona fide witnesses are practically no different from the tactics of interrogating victims and do not present any great difficulties.
Theft is an eternal topic
I am returning to the topic of theft and theft after 12 years - the date of last editing of this text was 01/05/2008. 12 years ago I stopped writing because I didn’t understand where it could be published so that it would find a reader, the situation changed and a place for publication appeared - Rulims. How many readers the text will have will depend on the readers; comments and reposts will help spread it.
The second reason for stopping 12 years ago was that the topic turned out to be very large-scale, I only have information on a few sections.
theft - how to protect yourself
For one author, such a topic is too much to handle, if you have something to add, write, links to this text are naturally welcome.
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