Forms of complicity in committing theft. Let us consider a crime committed by a group of persons by prior conspiracy and other

What is meant by complicity?

Article 32 of the Criminal Code of the Russian Federation contains a general definition of complicity. Complicity is generally understood as the joint participation of two or more persons in the commission of an intentional criminal act.

In order for the actions of individuals to be qualified as complicity, it is necessary to have both objective and subjective signs.

Objective signs

• Quantitative characteristic

The theft is considered committed in complicity if multiple subjects are identified. The theft must involve two or more persons who are subject to criminal liability.

For example, if A. and B. were sane at the time of the theft and reached the age of 14, then we can say that there is a quantitative sign of complicity (2 subjects of theft).

If A. at that moment had just turned 13 years old, and B. was already 14, then we cannot talk about theft in complicity (only 1 subject of theft).

• Qualitative sign

Theft by complicity must be committed jointly, that is, the accomplices must act together.

Let's imagine the same A. and B. who commit theft. The compatibility of their actions can be indicated by the fact that A. steals equipment from one department of the store, and B. from another.

Teamwork is also possible when A. steals equipment while B. monitors the CCTV cameras.

Joint action

When establishing the joint actions of certain persons when committing theft, it is necessary to answer the following questions:

1. Are the actions of the accomplices mutually dependent?

The actions of accomplices are mutually dependent if everyone contributes to the commission of the theft.

Thus, the actions of A. and B. in the example given earlier can be considered interrelated, since they are aimed at committing theft in complicity.

If A. and B. steal equipment from the same store separately and do not know about each other’s existence, then we cannot talk about the interdependence of their actions.

1. Is there a causal connection between the actions of each accomplice and the result that occurs?

The criminal result in the form of seizure of someone else's property must be caused by the joint activity of accomplices. In the case of the theft of equipment from a store, it was the joint actions of A. and B. that led to the fact that the property was confiscated.

Let's imagine a different situation. A. steals equipment from a store alone, then goes out and accidentally meets his friend B. He tells B. about the theft and asks him to help him take the stolen goods home.

In this case, we cannot talk about complicity, since there is no cause-and-effect relationship between B.’s actions and the criminal result in the form of theft.

B.’s actions can only be considered as concealment that was not promised in advance (Article 316 of the Criminal Code of the Russian Federation). A.’s actions also cannot be considered as theft in complicity, since the necessary signs for this are absent.

1. Is the result of the theft the same for the accomplices?

When committing a theft, accomplices strive to achieve a single result - to steal someone else's property in order to dispose of it in the future. In the example we have already discussed with shoplifting, actions A. and B. lead to a common result: the property is stolen.

Let's imagine a different situation. A. and B. walk through the parking lot and decide to break into the cars. However, A., breaking into one car, wants to steal the car to sell, and B., breaking into another car, just wants to drive (steal).

In this case, there is no single criminal result, since each of them wants a different result to occur (although they perform almost the same actions).

Subjective signs

To recognize the actions of persons as complicity, the presence of subjective characteristics is also necessary:

1. Common intent of the accomplices.

That is, individuals must not only realize that they are acting together with each other, but also want it (or be not against it).

In the example where A. and B. steal equipment from a store, it is very important that they know about each other’s existence, and their actions are united by a single goal - to steal someone else’s property.

This sign will be absent if A. and B., although they commit theft in the same store, do not know about it, and even more so do not want to commit a crime together.

1. Mutual awareness of accomplices that they are committing theft together.

That is, individuals must not only realize that they are acting together with each other, but also want it (or be not against it). In other words, the accomplices must have a common will and goal to commit theft together.

In the example where A. and B. steal equipment from a store, it is very important that they know about each other’s existence, and their actions are united by a single goal - to steal someone else’s property.

This sign will be absent if A. and B., although they commit theft in the same store, do not know about it, and even more so do not want to commit a crime together.

Thus, to qualify the actions of A. and B. as complicity in theft, the simultaneous presence of the above characteristics is necessary.

It should be noted that complicity is possible until the end of the theft, that is, at any stage of the crime.

In a situation where A., having already stolen the equipment, meets his friend B., who agrees to give him a ride home with the stolen item, one cannot speak of complicity, since at the time of the meeting with B. the theft committed by A. is already over.

Group theft can be committed in the following forms of complicity (Article 35 of the Criminal Code of the Russian Federation):

1. Group of persons.
2. A group of persons by prior conspiracy.
3. Organized group.

Let's talk about each of these forms in more detail.

Recommended reading:

What is theft? Understanding the concept and key features

Where to go if there is a theft?

Criminal legal characteristics of theft. Corpus delicti

Criminal liability

The minimum punishment for theft with illegal entry into premises is a fine of 700 to 1000 minimum wages or in the amount of salary for a period of 7 to 12 months. In aggravating circumstances, burglary is punishable by a term of imprisonment of 2 to 6 years and a maximum fine of up to 50 minimum wages or in the amount of salary or other income for 1 month.

Therefore, the punishment for burglary in 2022 has not changed. Exemption from criminal liability can only be a person’s insanity or age under 14 years.

In cases where an attacker entered the premises by breaking the lock, damaging walls, safes, his actions are additionally qualified as destruction or damage to property , according to Article 167 of the Criminal Code of the Russian Federation. This entails an increase in prison term and fine.

Punishment of accomplices

Responsibility for burglary by two or more persons occurs when they all enter the premises together , as well as in the event that one person entered and the others contributed to this and participated in the seizure of property. Complicity makes it easier to commit a crime and conceal it. In addition, in such cases, the victim often suffers more significant material damage, and the methods of entering the premises become more sophisticated and dangerous.

When a theft is carried out by a group of people, locks, roofs, walls, doors are broken, and keys are selected. When assessing the activities of accomplices, the court must establish the existence of a causal connection between the actions of the entire group and the perpetrator, as well as the fact that they contributed to the criminal outcome. At the same time, the goals and motives of the organizer, instigator and accomplice sometimes do not coincide with the goals of the performer. The latter always has selfish motives, and the accomplice may be guided by other motives. However, this does not affect the classification of the crime. All perpetrators are held criminally liable under Article 34 and Part 3 of Article 158 of the Criminal Code of the Russian Federation.

The conspiracy is considered preliminary if it was reached before the start of the crime. The form of agreement can be not only oral or written. It is also achieved through gestures, facial expressions and even silent consent.

The punishment for each perpetrator of the crime will depend on the assessment of the evidence regarding each perpetrator and accomplice of the burglary.

Aggravating circumstances

Aggravating circumstances that may affect a harsher sentence for burglary include:

1. Large amount of theft (more than 500 minimum wages).
2. Causing significant damage to the victim.
3. Participation of an organized group in a crime.
4. Repeated crime.

All types of thefts in Russian criminal law are regulated by just one article - 158th. The classification of crimes is complicated by the fact that there is no concept of “burglary” in the legislation. In this regard, the very fact of breaking the lock has virtually no effect on the final verdict. On the other hand, if illegal entry into a home is proven, this becomes an aggravating circumstance in which the offender faces up to 6 years in prison. Only those criminals who fully admitted guilt and returned the stolen property to the rightful owner can hope for a mitigation of punishment.

Committed by a group of persons

The legislator in Article 158 of the Criminal Code of the Russian Federation does not single out theft committed by a group of persons without prior conspiracy as a qualifying element. The legislator's decision can be explained by the fact that this form of complicity has a lower degree of social danger compared to other forms.

Important! The Resolution of the Plenum of the Supreme Court No. 29 states that the actions of persons who committed theft without prior conspiracy should be qualified under Part 1 of Art. 158 of the Criminal Code of the Russian Federation (clause 12 of the Supreme Court No. 29). However, courts must take this circumstance into account as an aggravating one (Article 63 of the Criminal Code of the Russian Federation).

Theft committed by a group of persons is characterized by the following signs:

1. The theft is committed by two or more perpetrators.
2. Interaction between accomplices occurs immediately before or during the theft. That is, there is no preliminary agreement.
3. Individuals act with direct intent. Moreover, it arises already during the theft, since the criminals do not collude in advance.
4. The criminal connection is not sustainable, that is, we are talking about the commission of one specific theft.

Let's imagine that A., on his way home, sees B. breaking into an already closed hardware store. A. also enters the store and sees that B. has already started stealing mobile phones. He exchanges a couple of phrases with B., and together they steal the equipment.

During the execution of the objective side, of course, they interact and talk. However, after committing a crime, they go in different directions.

In the above situation, there are all the signs of a group of persons, however, the actions of A. and B. will not be qualified under Part 1 of Art. 158 of the Criminal Code of the Russian Federation. Since they committed the theft not only with complicity, but also by illegally entering the store premises. Therefore, the qualification will be clause “b” of Part 2 of Art. 158 of the Criminal Code of the Russian Federation (if there were no other qualifying features).

Article 158 of the Criminal Code of the Russian Federation. Theft

1. The subject of theft, like any theft, is property that must have physical, economic and legal characteristics.

A physical attribute characterizes an object as a certain material thing that has physical dimensions: volume, structure, weight.

The economic sign of theft shows the place of the object in the system of social relations. Like any property, human labor must be invested in an object, as a result of which it undergoes a certain processing and acquires consumer and exchange value.

The legal attribute is revealed by the concept of “alien”, i.e. not owned by the thief or not associated with him by any other right. If a person has any right in relation to property (joint property, etc.), then this property, as a rule, cannot be the subject of theft, although it may be the subject of another crime, for example, arbitrariness.

2. The objective side of theft is expressed in the unlawful gratuitous seizure and (or) circulation of someone else’s property in favor of the perpetrator or other persons, causing damage to the owner or other holder of this property.

Seizure of property involves its physical separation from the property mass belonging to the legal owner, as a result of which the owner loses control (the ability to control) over this property. Handling is the physical possession of an object, bringing it under one's own control. Some forms of theft (misappropriation, embezzlement), as well as the conditions for taking possession of property, do not require its seizure, since it is in the actual possession or use of the perpetrator.

The illegality of seizure and circulation is characterized by the absence not only of any real or obligatory right in relation to property as such, but also the absence of the right to its seizure and circulation. The sign of gratuitousness indicates the absence of any material compensation (providing an equivalent) for the seized and converted property.

In the event of theft, property is turned to the benefit of the perpetrator or other persons. This means that these individuals are able to extract its beneficial properties in the same way as they do with their property.

The result of theft is damage, which naturally follows from the fact of seizure and circulation.

3. Theft is characterized by the secrecy of the seizure of property. Confiscation of property is considered secret if it is carried out in the absence of its owner, possessor or other persons who understand the significance of the actions being taken. When establishing secrecy, one should proceed from how the culprit himself assessed the method of seizure. If a person considers his actions secret, although in fact the fact of seizure and circulation of property is observed by other persons, the theft should be considered secret (clause 2 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 27, 2002 No. 29 “On judicial practice in cases of theft, robbery and robbery").

4. Theft is considered a completed crime from the moment when the perpetrator has seized someone else’s property and has received a real opportunity to dispose of it at his own discretion. Real opportunity indicates complete control over the property and the completeness of its use for one’s benefit.

5. The subjective side is characterized by intent and selfish purpose.

6. The theft by a group of persons by prior conspiracy will take place in the case when two or more co-principals take part in it, previously, i.e. before the beginning of the seizure (circulation) of property, they agreed on its joint execution (Resolution of the Plenum of the Supreme Court of the Russian Federation “On judicial practice in cases of theft, robbery and robbery”).

If the organizer, instigator or accomplice did not directly participate in the theft of someone else's property, what the perpetrator did cannot be qualified as committed by a group of persons by prior conspiracy. In these cases, the actions of these persons should be qualified with reference to Art. 33 of the Criminal Code (clause 8 of the above-mentioned Resolution).

7. Theft committed by a group of persons without prior conspiracy must be qualified under Part 1 of Art. 158, however, the presence of a group can be taken into account as an aggravating circumstance.

8. Penetration into a premises or other storage facility (clause “b”, part 2 of Article 158) means secret or open intrusion in order to take possession of property. If a person entered the premises legally, for example, during the work of the institution, without the intent to take possession of property, then subsequent theft does not constitute a sign of entry. Intrusion can be physical (entry) or using technical means and devices without direct entry; it is possible both with overcoming obstacles (breaking locks, barriers, overcoming people’s resistance) and without them (clauses 19, 20 of the said Resolution).

9. Causing significant damage to a citizen (clause “c” of Part 2 of Article 158) involves causing material damage to any individual, including foreigners and stateless persons. The significance of the damage is determined in relation to the financial situation of a particular person, but it cannot be less than 2.5 thousand rubles.

10. In case of theft from clothes, bags or other hand luggage (clause “d”, part 2 of Article 158), these items must be kept by a specific person and not left unattended on the street, in a car, etc.

11. On the concept of home, see the note to Art. 139 CC; about the concept of penetration - paragraph 8 of this commentary.

Oil pipelines, oil product pipelines and gas pipelines are structures used for pumping oil and its products (gasoline, fuel oil, diesel fuel, etc.).

12. Large theft is considered to be the value of stolen property in excess of 250 thousand rubles. (Clause “c” of Part 3 of Article 158), especially large - 1 million rubles. (Clause “b”, Part 4, Article 158).

13. Theft committed by an organized group must meet the criteria specified in Part 3 of Art. 35 of the Criminal Code.

By prior agreement

Theft committed by a group of persons by prior conspiracy (clause “a” of part 2 of Article 158 of the Criminal Code of the Russian Federation) involves a greater degree of public danger, since the persons agree in advance to commit the theft, and therefore implies a more severe punishment (term).

We list the signs characteristic of theft committed by a group of persons by prior conspiracy:

1. The theft is committed by two or more co-principals (accomplices).

That is, it is necessary that the persons jointly fulfill the objective side of the theft, either completely or partially.

The Supreme Court in paragraph 10 of PPVS No. 29 explains this provision. Co-execution is possible in the following situations:

• Accomplices jointly carry out the objective side of the theft.

For example, A. and B. seize property together, performing the same actions.

• One accomplice takes the property, and the others assist him in committing the theft.

For example, A. and B. initially agreed that A. would seize property, and B. would pick locks and make sure that no one discovered their actions.

1. Presence of prior agreement.

It is necessary that the accomplices agree in advance to commit the theft. At the same time, the degree of coordination of such a conspiracy is quite low, since persons usually agree that they will commit a crime together, and also determine what crime they will commit. In other words, accomplices usually do not specify the details of the theft and do not plan it as carefully (unlike an organized group).

1. The criminal connection between persons does not last long.

That is, individuals conspire to commit one theft.

1. Accomplices act with direct intent, which arises in advance.

Let's imagine that A. and B. met on the street, got into conversation and decided to steal food from the store. They agreed in advance that A. would steal products from the vegetable department, and B. from the meat department. After that, they entered a closed store, stole food and went home.

In this case, the actions of persons will be qualified not only under paragraph “a” of Part 2 of Art. 158 of the Criminal Code of the Russian Federation, but also under clause “b” (illegal entry into a store).

— How to qualify the actions of a person who did not participate in a criminal conspiracy, but committed theft?

A person must be held criminally responsible for actions that he personally commits. It cannot be held criminally liable for the actions of others who acted as accomplices.

Let us remember the example of A. and B., who stole food. Suppose that during the theft, V., who happened to be passing nearby, enters the store, and he also begins to steal food.

Of course, in this situation there are neither subjective nor objective signs of complicity , as well as signs indicating that V. has a prior conspiracy with A. and B. Therefore, his actions should be qualified based on what he personally committed.

What is theft

According to Article 158 of the Criminal Code of the Russian Federation, theft means the theft of someone else's property, carried out in secret . Its peculiarity lies precisely in the method of seizure and possession of property. The theft is committed secretly, without the knowledge of the owner or another person who disposes of the property, and also unnoticed by other people.

Difference from robbery

The legislator makes a clear distinction between theft and robbery. The robbery is carried out openly. Even if the attacker mistakenly believed that he was secretly stealing property, but in reality his actions were noticed by others, the crime is still classified as theft. The classification of the crime in this case is based on the intent of the attacker. Theft refers to crimes in which no violent action is committed, but material damage is caused.

Theft, according to the criminal code, is illegal actions aimed at the gratuitous seizure and (or) transfer of someone else's property in favor of the perpetrator or other persons. Theft is accompanied by mercenary intent. As a result of the crime, the owner of the property suffers damage.

Qualification of theft

The criminal legal classification of theft associated with illegal entry into someone else’s home in the Russian Federation is complicated by a number of factors:

• constant changes in Russian economic policy;
• the possibility of foreign citizenship for criminals;
• the difficulty of distinguishing between different types of theft.

In particular, the rights to property, which previously were in the state or public sector, have now been completely transferred to private individuals. The owners of dachas, houses and enterprises were citizens of the Russian Federation and various legal entities - LLP, CJSC, OJSC and others.

If thefts on Russian territory are committed by citizens of other countries, the classification of the crime depends on the nationality of the perpetrators , existing treaties between states and the principles of international law.

Article 158 of the Criminal Code of the Russian Federation defines 3 types of theft:

1. Simple.
2. Qualified.
3. Particularly qualified.

Each type of theft has certain characteristics that must be clearly differentiated from each other. The correct determination of aggravating circumstances will depend on this. The size of the theft becomes the fundamental criterion by which the degree of social danger of the crime is determined and the nature and size of the punishment is established.

Organized group

An organized group (Part 3 of Article 35 of the Criminal Code of the Russian Federation) is one of the most dangerous forms of complicity, as it is characterized by a high level of cohesion among individuals.

In order for the actions of these persons to be recognized as theft committed by an organized group, the following signs must be present:

• The group consists of several individuals. It is important that there is a distribution of roles between these individuals.
• Persons united in advance to commit theft. It is important that the accomplices not only agree to commit the theft together, but also reach an agreement on all essential conditions, that is, develop a plan.
• Focus on committing several thefts.
• The presence of an organizer, that is, a person who directs the actions of accomplices during the theft.
• Awareness by accomplices of involvement in an organized group, as well as a desire to be in it.
• Sustainability, that is, strong ties between partners.

Judicial practice identifies the following sustainability indicators:

• an organized group exists for a long time;
• thorough and lengthy preparation for committing theft;
• internal discipline;
• technical equipment.

Let's imagine that A., B. and C. are friends. B. suggests that A. and B. team up to steal from electronics stores several times a month and then sell the stolen goods, to which A. and B. agree.

After that, they all sit down at the table together and develop a plan of action, establishing that A. picks the locks, B. monitors the cameras, and C. puts the equipment in the basket. Also, individuals select stores to commit thefts in advance and study them, as well as plan escape routes. Using the drawn up plan, the individuals committed 3 episodes of shoplifting.

Despite the fact that A., B. and V., being members of an organized group, perform different roles (picking locks, providing insurance, etc.), and only V. is the perpetrator of the theft, the responsibility of all persons falls under paragraph “a” Part 4 Art. 158 of the Criminal Code of the Russian Federation without reference to Art. 33 of the Criminal Code of the Russian Federation (Types of accomplices), since they are recognized as co-executors.

Please note that the reference to Art. 33 of the Criminal Code of the Russian Federation is necessary in the following case:

Let's imagine that in addition to A., B. and C. there is a certain D. who persuaded B. to create an organized group to commit thefts. After this, D. did not take any part in the activities of this group.

Therefore, D.’s actions will be qualified as complicity in committing theft by an organized group, and the qualification will look like this: clause “a”, part 4 of Art. 158 + part 4 tbsp. 33 of the Criminal Code of the Russian Federation.

Recommended reading:

How does theft differ from other related crimes?

What is the difference between car theft and theft?

What is considered an attempt and preparation for theft?

What is the punishment?

Let us schematically depict the types of punishment for committing theft in one form or another of complicity:

The type and amount of punishment is determined by the court in each specific case individually, since not only the circumstances of the incident are taken into account, but also mitigating/aggravating circumstances.