Theft by children is becoming more and more common. Unfortunately, individuals commit various types of theft from a young age. A big surprise for our family was an act of this kind on the part of my sixteen-year-old son. A number of questions immediately arose regarding the differences between the imposition of criminal penalties for adult individuals and children.
I consulted a lawyer about this. Everything that I found out during this consultation will be discussed in this article. We will also talk about what and in what cases a child can be threatened for theft, as well as how children who have not yet turned fourteen years old are punished.
Theft of a mobile phone from a bag or pocket
Frequent thefts of mobile phones occur in crowded places, and attackers are not afraid and steal other people's property directly from hand luggage, bags, and even reach into pockets.
According to Part 2 of Art. 158 of the Criminal Code of the Russian Federation, the culprit of theft will be punished as follows:
An adult citizen of the Russian Federation is obliged to pay a fine of 135 thousand rubles. (18 minimum working salaries) up to 200 thousand rubles.
They may also be assigned compulsory work - the thief will beautify the territory of the district and city for 180-240 hours.
If his actions were clearly planned before the theft was committed, he may be sentenced to 1-2 years of enforcement, or even put in prison for 5 years.
An adult culprit of a crime is considered to be a person over 14 years of age (Clause 2 of Article 20 of the Criminal Code of the Russian Federation).
A minor citizen of the Russian Federation, whose age is less than 14 years, is not responsible for his actions. His parents will be punished for him.
The thief can be registered with the Juvenile Affairs Committee (commission on juvenile affairs), and the parents will be forced to pay a fine, the amount of which will be determined by the court (but not more than 200 thousand rubles), after considering the harm caused to the victim.
A convicted citizen of the Russian Federation will necessarily serve his sentence in prison. Moreover, if the offender was previously released before the specified release date, then a new one is added to his unserved punishment.
Example: the defendant was sent to prison for 7 years, but was released on parole 2.5 years earlier. The punishment determined by the court will be added to this term. Please note that it will not be more than 5 years.
An unconvicted citizen of the Russian Federation will face a fine of 135 to 200 thousand rubles. Of course, if the defendant proves his innocence and comes to an agreement with the injured party, he will not be fined.
If it was not possible to reconcile, and the harm is of medium or high severity, then the thief will be forced to perform work for the benefit of the city for 7-10 days. Also, with a more severe punishment, he will be subject to correctional labor for a period of 1-2 years or even be sent to prison for 5 years.
Without collusion - change of qualifications
If during the trial the fact of the existence of a conspiracy between the persons who jointly committed the theft was not proven, the qualifying corpus delicti becomes different .
The presence of evidence of the perpetrator's guilt in complicity in theft of persons not subject to criminal liability will lead to the conviction of the direct perpetrator in accordance with paragraph 1 of Art. 158 of the Criminal Code (theft).
However, in judicial practice it is allowed to qualify theft as committed by a group without conspiracy under Article 158, paragraph 2, on the basis that the actions of stealing someone else’s property were committed by persons jointly.
Accordingly, if all the perpetrators of the incident are subject to criminal liability, if there is a “group of persons” attribute, their actions may fall under paragraph “a” of Part 2 of Art. 158.
Phone theft committed...
A group of people who have agreed in advance to commit a crime
Punishment is not provided for everyone, but only for those who put ideas about theft into action. The size of the group must be at least two people who have agreed on the action in advance.
The punishment for the perpetrator and the culprit is also described in Part 2 of Article 158 of the Criminal Code of the Russian Federation; it is determined by the court.
As a rule, the judge indicates the highest punishment for an adult citizen of the Russian Federation - placement in a maximum security colony for up to 5 years (clause 7 of Article 35 of the Criminal Code of the Russian Federation).
If an adult tried to steal a phone with the hands of a minor or a young child, then he will serve his sentence in prison. The term varies from 5 to 8 years (Article 150 of the Criminal Code of the Russian Federation).
In the case when roles were divided in the group and some persons were accomplices and instigators, then punishment does not apply to them. Only the performer will be responsible for his actions.
An unconvicted thief faces imprisonment for the same term if he causes serious harm. If minor or moderate harm is caused and the defendant has reconciled with the victim, then he may not be brought to criminal liability (Article 76 of the Criminal Code of the Russian Federation).
The convicted person can expect the same punishment, plus he will have to serve part of the sentence from a previous crime that he did not complete. He will not be able to escape criminal liability.
A minor will be punished for participating in a group theft - he will be registered with the KDN, and his parents will be required to pay a fine of 135 to 200 thousand.
Not the first time
The frequency of theft committed is determined by previously committed crimes. If a thief has committed several illegal acts, characterized by Articles 158-166 of the Criminal Code of the Russian Federation, then the crime is considered repeated. The second sign of repeated theft is multiple sources and victims. If a citizen stole certain property from several persons, then the crime will be considered not to have been committed for the first time.
The punishment for an adult directly depends on the severity of the harm he caused. The minimum punishment is a fine (135-200 thousand rubles), the maximum is imprisonment for 5 years. Please note that if a repeat crime is committed, the defendant will be punished for a term of at least 1.6 years (Article 68 of the Criminal Code of the Russian Federation).
Parents are responsible for the minor. They may get away with paying a fine or avoid it altogether.
An unconvicted citizen will be punished to the fullest extent of the law if serious harm is caused; if light harm is caused, he can avoid punishment.
The punishment for the convicted person is usually the same as in the previous paragraph.
With illegal entry into someone else's territory, housing or premises
An adult Russian who commits such a theft will be punished under the same Article 158 of the Criminal Code of the Russian Federation, Part 2. He will either have to pay a fine (135-200 thousand rubles), or corrective or compulsory labor, or be sent to jail for up to 5 years. The punishment also directly depends on the severity of the harm caused to the victim.
A person under 14 years of age will be registered with the KDN. The parents of the perpetrator will be punished by paying a fine, or will avoid it by reconciling with the victim.
An unconvicted citizen can count on concessions and avoid punishment. Of course, this is in the case where no serious harm was caused. Otherwise, he will be punished to the fullest extent of the letter of the law.
The convicted person will be imprisoned for up to 5 years and will add part of the time that he did not serve and was released on parole.
A person who has caused significant damage to a citizen
Persons over 14 years of age may be put behind bars. The maximum term is 5 years, the minimum is at least 2/3 of the entire term, that is, at least 3.2 years. Those who can convince the court to reduce their sentence may receive 8 years of probation. As practice has shown, this rarely happens.
Parents are punished for minor Russian citizens. They will pay not only the damage caused to the victims, but also a fine in the amount of 135 to 200 thousand.
Unconvicted Russians are punished to the fullest extent and the length of time they will be sent to a colony is determined.
A convicted person is excluded from serving a suspended sentence.
Types of responsibility of minors
There are several types of liability and punishment for theft by minors.
Disciplinary responsibility
This type of liability can be applied to a teenager who has broken the law only if he is already employed in an official job. If a teenager, succumbing to emotions, commits vandalism, damages property belonging to the employer, the fact of theft is established, he may not only be fired, but also demand full compensation for the damage. Compensation for damage caused is possible only by filing an official application to the court.
Civil liability
Before the age of 14, any legal responsibility is removed from the child and transferred to his parents or legal guardians. Parents are punished with fines and may be deprived of parental rights for poor upbringing of a child; no real prison sentence can be awarded to any parent, since he is an indirect culprit of the crime.
From 14 to 18 years of age, a teenager bears full or partial responsibility for his actions. He may be sent to a children's colony, and his parents may be punished financially. If the child already has an official income, money to pay compensation to the victim will be withheld from him. Often several types of punishment are awarded simultaneously (fine, compensation for damage, compulsory service, etc.).
Theft by minors is a common occurrence in the Russian Federation. If parents do not pay enough attention to their child, the likelihood of breaking the law increases significantly. The first visit to the police and the victim's appeal to court will not lead to serious consequences; all subsequent ones may result in the teenager being sent to prison. If your child is facing charges, contact a professional attorney immediately for advice and assistance, otherwise the situation could be fatal.
Administrative responsibility
Theft of property of small value (up to 2,500.0 rubles) is subject to administrative punishment. This is defined in Article 7.27 of the Administrative Code. The text of the law provides a gradation of damage and punishment for the act:
- up to 1,000.0 rub. a fine in the amount of five times the price of the goods, but not less than 1,000.0 rubles;
- up to 2,500.0 rub. – also fivefold, but not less than 3,000.0 rubles.
Article 7.27. Petty theft Code of Administrative Offenses
Hint: the price of the stolen item is determined depending on the situation:
- at nominal value (purchase);
- according to experts.
During the proceedings, the court takes into account the following factors in favor of the defendant:
- committing an offense for the first time;
- the severity of life circumstances;
- others by decision of the judge (the law does not limit the list).
For information: the fine for an offender who does not have his own income can be paid by loved ones.
Criminal penalty
The rules for imposing punishment on persons who have not achieved full legal capacity are prescribed in Article 88 of the Criminal Code. They are:
- Fine . This punishment can be applied to teenagers regardless of whether they have their own income. The amount varies depending on the degree of public danger of the offense from one to fifty thousand rubles. Parents or other representatives of the erring child can contribute money to the treasury at their own discretion (the court is obliged to make sure of the good will of the adult).
- Mandatory work. Such influence is applied by the court taking into account the physical development of the offender. In addition, a teenager must work in his free time from school or main work. In this regard, he cannot be involved in compulsory service for more than: two hours a day for adolescents under 15 years of age;
- three - until the age of sixteen.
Hint: when punishing teenagers, the terms specified in the articles of the Criminal Code are halved. In addition, the court has the right to impose a suspended sentence the first time and in case of relapse of the offense during the probationary period.
Mobile theft committed...
In case of illegal entry into a home
Stealing a phone by breaking into someone else's premises or home is a serious crime.
For this, an adult Russian faces a fine in the amount of 100 to 500 thousand rubles. If the culprit of the incident does not have this amount, he will be placed in a colony for 2-6 years and ordered to pay a fine of 80 thousand (Part 3 of Article 158 of the Criminal Code of the Russian Federation). The punishment will depend on the harm caused.
The parents of the minor will pay the same fine, but imprisonment will not affect them. And the child himself will be sent to the commission on juvenile affairs.
An unconvicted citizen of the Russian Federation will not be able to escape punishment. He faces the same fine, but a shorter prison term.
The punishment for the convicted person will be severe. They will also consider past illegal acts that were committed by the thief.
Large size
Having stolen property worth more than 250 thousand rubles, any citizen of Russia will be punished. An adult will face a fine of 100 to 500 thousand rubles, as well as payment of damages caused. In case of a serious crime, they are imprisoned for 2-6 years and forced to pay a fine of 80 thousand (Part 3 of Article 158 of the Criminal Code of the Russian Federation).
For a child under 14 years of age, such theft will only result in a fine and payment of material damage, and then the parents will be responsible for it.
The unconvicted person will not get away with it; he will face the same punishment.
The convicted person will be immediately placed in custody and sent to a colony for 2-6 years.
Performers and co-performers
The perpetrator of a crime is a person who committed actions directly aimed at committing a crime.
Also, the perpetrator is the person who did not personally commit the illegal act, but used persons not subject to criminal liability (incapacitated, minors, etc.) to carry it out.
A co-executor is a citizen who, together with the performer, carried out unlawful actions. The co-executor may not personally commit an unlawful act of the same qualifications as the performer, but assist him in every possible way.
For example, in a case of burglary and entry into a home, a principal and co-principals may act. The contractor will directly carry out the break-in, enter the premises and take the property outside.
co-performers can provide instruments, back up the performer, remove stolen property, etc.
Along with the perpetrators and co-perpetrators, organizers, instigators and accomplices may participate in the crime.
Everyone plays their role:
- The organizer is planning the theft. He leads the process, develops an action plan and directly forms a group of people.
- An instigator , through blackmail, persuasion, threats, and bribery, encourages other people to commit a crime.
- The helper indirectly participates in the process: he helps with advice. Provides the necessary equipment, learns useful information, etc.
If these categories of participants in the conspiracy are at the scene of the theft, then their actions fall under Art. 158 of the Criminal Code.
If these persons are not directly at the scene of the theft, then their actions will not fall under the classification of criminal conspiracy.
In this case, the act committed by them will be considered only on the basis of Art. 33 of the Criminal Code ( complicity in a crime ).
were not part of a criminal conspiracy may directly participate in the theft That is, they had not previously discussed the details of this crime with other participants, did not study the details, and were not privy to the plans of the group members.
In such a case, if there is appropriate evidence, the actions of these persons will be classified only on the basis of the illegal actions directly committed by them. These persons will not be .
What is the criminal liability for theft? You will find information about sentence periods on our website.
Theft of a mobile phone committed by an organized group, or on an especially large scale
Persons who united to commit an illegal act several months in advance and planned the incident, perhaps even having special equipment, will be punished very severely. According to Part 4 of Article 158 of the Criminal Code of the Russian Federation, the following punishment is provided for all adult accomplices of the crime: payment of a fine - up to 1 million. rub., imprisonment for a term of 5 to 10 years, confiscation of property (if required by the court).
Minors under 14 years of age are not responsible for their actions; parents will be responsible for them, in particular, they will pay a fine.
An unconvicted citizen has the right to a reduced sentence, but as practice shows, such cases do not end in favor of a member of an organized group. He also faces severe punishment.
When determining the punishment for a convicted thief, recidivism and time served in a colony for a past crime will be taken into account. He usually faces the heaviest punishment.
When the culprit stole property and a mobile phone belonging to another person and their value was more than 1 million, he faces the same punishment as for those who committed the theft while being a member of an organized group (Part 4 of Article 158 of the Criminal Code of the Russian Federation).
Normative base
The concept of theft is discussed in Art. 158 of the Criminal Code of the Russian Federation.
direct theft of property by a group of people conspiring among themselves is considered in paragraph “a” of Part 2 of Art. 158.
When assessing the roles of participants in an offense, clause 9 of Resolution of the Plenum of the Supreme Court of the Russian Federation No. 29 (“On judicial practice in cases of theft, robbery and robbery”) is applied.
Art. 35 of the Criminal Code determines that when committing crimes, a group of persons is considered to be two or more participants in an incident , and a preliminary conspiracy is considered to be an agreement between these persons.
What is attempted theft? Find out the answer right now.
Mobile robbery causing moderate or minor harm
An attacker who stole someone else's property and caused harm of moderate or minor severity can avoid severe punishment in the form of serving a sentence in a colony. However, when making a determination, the court will take into account all possible circumstances and signs of the illegal act committed.
According to Part 1 of Art. 161 of the Criminal Code, such punishment can be for an adult: arrest for 4-6 months or correctional labor for 1-2 years, or placement in a maximum security colony for up to 4 years.
An unconvicted thief will be able to avoid criminal punishment (Article 76 of the Criminal Code of the Russian Federation), that is, only correctional labor awaits him.
A minor Russian in case of such a crime will escape punishment, but will be registered in juvenile affairs.
And a convicted criminal faces not only the same term behind bars, but also the addition of the remainder of the unserved, past sentence.
Crime prevention among children and adolescents
Children often commit petty thefts out of mischief, not understanding the illegality of such an act. Responsibilities for communicating the principles and norms of criminal law to adolescents within the framework of current legislation are divided between:
- parents;
- teachers and officials of educational institutions;
- socio-psychological services (SPS).
The activities of official bodies are structured as follows:
- SPS specialists conduct: mass educational events, the purpose of which is to popularize legal knowledge;
- individual interviews with adolescents with deviant behavior.
Hint: in pedagogical science, the best way to prevent crime is the creation of warm and trusting relationships in the family. And this is only possible when parents pay enough attention to their offspring.
Phone robbery committed...
- A group of people who previously agreed
- With illegal entry into someone else's territory, housing or other storage.
- With the use of violence that is not dangerous to life or health, or with the danger of such violence.
- In a large amount - more than 250 thousand rubles.
Punishment for an illegal act organized with the above characteristics is considered grave or especially grave. Therefore, no citizen of the Russian Federation will be able to escape responsibility.
Adult offenders face serving in a maximum security colony for 2-7 years and paying a fine - the monthly income of the convicted person or 10 thousand rubles. (Part 2 of Article 161 of the Criminal Code of the Russian Federation). The same punishment will await the unconvicted person. As a rule, the court determines a severe punishment for a serious crime.
Minors convicted of robbery for the first time can count on the judge's leniency, moreover, if they caused slight harm to the injured party. If, as in our case, they caused severe harm, then they are placed in an educational colony for a period of no more than 6 years (clause 6 of Article 88 of the Criminal Code of the Russian Federation). Parents will pay a fine for their teenage child who is under 16 years of age.
The convicted person will face not only prison for 2-7 years, payment of a fine of 10 thousand, but also an increase in the time of the unserved past punishment.
Mobile robbery committed by an organized group, or on an especially large scale
An attacker who carried out a robbery while in a group of criminals, or who stole more than 1 million rubles on his own, will be punished harshly. Such counteractions are of a particularly serious nature.
For an adult citizen of the Russian Federation, the court determines punishment in the form of imprisonment for 6-12 years, as well as payment of a fine. Its amount is 1 million rubles, or any income of the criminal for 5 years (Part 3 of Article 161 of the Criminal Code of the Russian Federation). By the way, the defendant may also have all his property confiscated. The same punishment awaits the unconvicted person.
A minor citizen of the Russian Federation, under 16 years of age, will be sentenced to 3 years of imprisonment (clause 6.1 of Article 88 of the Criminal Code of the Russian Federation).
A convicted criminal will receive additional time for unserved time for a past crime.
Responsibility and deadlines
The following penalties may be imposed for such acts
- fine (up to 200 thousand);
- average income (for a period of up to 18 months);
- compulsory work (up to 480 hours);
- correctional labor (up to 2 years);
- forced labor (up to 5 years);
- imprisonment (up to 5 years).
What is the difference between theft and robbery? Find out about this from our article.
Robbery with theft of a phone, dangerous to the life and health of the victim, committed alone
An adult citizen of the Russian Federation will suffer severe punishment for organizing and carrying out such a crime. He will be deprived of liberty for 3-8 years and will be required to pay a fine in the amount of 500 thousand rubles, or in the amount of three years’ earnings of the attacker (Part 1 of Article 162 of the Criminal Code of the Russian Federation).
Since robbery with theft is equated to a particularly serious crime, the minor will face imprisonment. According to paragraph 6.1 of Article 88 of the Criminal Code of the Russian Federation, he will be placed in a colony for at least 1.5 years. The harm caused to the victim will also be taken into account, which will have to be paid by the juvenile offender or his parents.
An unconvicted attacker will be punished to the fullest extent of the law, and a convicted person will also be credited with the time of unserved punishment for past actions.
Features of the crime
To begin with, it is necessary to determine at what age minors can bear criminal liability. This indicator differs in different countries.
- In Russia, the main age of criminal responsibility is 16 years, raised from 18 years (for such articles as indecent assault, or involving a minor in committing a crime, theft).
- Sometimes, the article cannot be applied before a certain age due to specific characteristics of the subject of the crime (for example, a judge cannot be convicted of a crime before the age of 25, since it is impossible to assume this position at an earlier age).
- For some crimes (medium, serious and especially serious), punishment is prescribed from the age of 14, and theft is one of them. However, it should be noted that if signs are found in the crime that classify it as an act for which responsibility begins both from the age of sixteen and from the age of fourteen, an article with a general basis will be chosen.
For example, a fifteen-year-old teenager stole an object of exceptional historical value (Article 164 of the Criminal Code of the Russian Federation). This crime will be classified according to the general norm, that is, according to Article 158 of the Criminal Code of the Russian Federation as theft.
Minor citizens are not subject to criminal liability. But from the age of 11 they can be placed in special closed educational institutions for the purpose of re-education and prevention of crime.
Next, we will talk about what a minor faces if he commits theft, and whether he can be imprisoned for it.
The following video will tell you about common reasons why a decent child turns into a petty thief or a seasoned criminal:
Robbery involving the theft of a mobile phone, breaking into someone else's home, or committed on a large scale
Criminals who have committed such a particularly serious act will be punished as follows:
An adult will be immediately placed in custody and sent to a maximum security colony for 7-12 years, and will also be forced to pay a fine of up to 1 million rubles, or in the amount of 5 years’ earnings (Part 3 of Article 162 of the Criminal Code of the Russian Federation).
The minor will be deprived of liberty for 3.5 years (clause 6.1 of Article 88 of the Criminal Code of the Russian Federation). If he is under 16 years of age, his parents will pay a fine in the same amount.
An unconvicted person cannot count on any concessions; he will face imprisonment for a term of 7 to 12 years and the payment of the same fine.
The convicted person will face the strictest punishment in the form of imprisonment for 12 years, plus the amount of unserved time from the previous punishment will be added.
Robbery with phone theft committed...
- An organized group.
- In order to seize property on a particularly large scale - more than 1 million rubles.
- Causing grievous harm to the victim's health.
When organizing and carrying out any of the above crimes, an adult is punished very strictly, since the acts are considered especially serious.
An adult is given the following punishment: imprisonment for 8-15 years, payment of a huge fine of up to 1 million rubles, or in the amount of the criminal’s 5-year income (Part 4 of Article 162 of the Criminal Code of the Russian Federation).
The minor will also be punished to the fullest extent. He faces a prison sentence of 4 years. If his age is over 16 years, then he will pay the fine himself. When the attacker is younger, the parents will be responsible for him before the law.
An unconvicted thief will also be sent to prison for 8-15 years, the term will depend on the circumstances of the crime. He also cannot avoid paying a fine.
The convicted person faces the most severe punishment - prison for 15 years, payment of a fine, compensation for harm to victims and an increase in sentence for the duration of the unserved past punishment.
