Theft. Administrative liability and criminal punishment.

Stealing license plates from cars can be a criminal act or an administrative offense.
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Concept

The Criminal Code of the Russian Federation, as amended in 2014, criminalizes another type of act - theft of state property. numbers. No car owner is insured against theft or loss of a registration plate. Not a single safety measure or remedy guarantees complete protection for the car enthusiast. They can only significantly reduce the likelihood of such an incident.

In any case, having a car requires its owner to have at least minimal knowledge, which, if necessary, will help take a legally correct position in order to protect himself and his vehicle.

Sanction Art. 325 1 of the Criminal Code of the Russian Federation provides for criminal penalties for theft of car registration plates.

Based on the disposition of the article, theft can pursue two goals:

1. Extorting money from the owner for return.
2. Using them to place them on another machine while committing a crime.

Sometimes, after leaving the car in the parking lot, the returning motorist discovers a note with a phone number in the place of the stolen sign. Over the phone, the criminals offer to transfer a certain amount of money to a bank card in exchange for return. However, complying with the thieves' demands does not guarantee that the stolen goods will be returned.

As practice shows, the first thing to do is to inspect the surrounding area. As a rule, stolen property is hidden not far from the place of theft, since it is not profitable for criminals to keep license plates twisted from someone else’s car.

In this case, all the anonymity of the scheme with unauthorized SIM cards of mobile phones, bank cards, and electronic wallets will not help to avoid a conviction when catching criminals.

An alternative sanction for committing such a criminal act is provided by the legislator. The perpetrators may be subject to one of several types of punishment - a fine, compulsory or correctional labor, or imprisonment. The size and duration of punishment for general and qualified personnel differ.

Differences between theft and fraud, robbery and robbery

Theft, fraud, robbery, robbery are crimes of the head of the Criminal Code against property, directly related to the theft of other people's material wealth. This determines the common features of these criminal acts. And their difference lies, first of all, in the form of theft.

• In case of theft, the theft is carried out secretly.
• In fraud, the seizure and further use of someone else's property in one's favor occurs through deception and misrepresentation, of which there are many varieties in the modern world. Fraud can be, for example, the theft of the phone of a victim who gave it to the perpetrator for a call, the taking of the victim’s real estate using fraudulently signed documents, etc.
• Robbery is theft committed openly, in front of the victim or witnesses. For example, when a culprit on the street snatches a bag or phone from the hands of a passerby.
• Robbery is an attack with the aim of stealing property, accompanied by the use of violence or threats to use it.

Characteristics of the crime

The object and subject of the theft of registration plates do not coincide. The object is the state-guaranteed safety of registration plates and the procedure for their issuance. The subject matter is the plates themselves, which are attached to the car.

The objective side is expressed in actions to seize the item by any alternative method contained in the comments to Art. 158 of the Criminal Code of the Russian Federation, issued by law enforcement officials:

• secret seizure;
• obvious appropriation, but eyewitnesses do not realize the illegality of what is happening;
• theft by deception;
• confiscation for breach of trust.

According to the design of the objective side, the composition is formal.
All material consequences are outside the scope of the composition. The encroachment is considered completed at the moment of taking possession of the object. Although responsibility for committing theft begins at the age of 14, the subject of this composition is considered general due to the fact that it is not named in Art. 20 of the Criminal Code of the Russian Federation. Part 2 contains an exhaustive list of crimes for which criminal liability begins at the age of 14.

Stealing license plates from a car is only possible intentionally. The subjective side consists of direct, specific intent. The design of the clause is such that removing registration plates from a car becomes a criminal act only if there is selfish interest or an intention to commit another tort. The Criminal Code understands selfish interest as the desire to obtain income or indirect benefit.

Thus, the motive as an optional element of the subjective side becomes constituent and obligatory.

Theft and embezzlement

The most common misconception about theft is that it is often equated with theft. This is true to some extent, but not entirely.

Theft is the main term through which the essence of almost all crimes of the Criminal Code against property, their basic and general content is revealed. What is different in such crimes is the external expression of criminal acts.

Theft will be the selfish, illegal, gratuitous seizure and conversion of someone else's property for the benefit of the thief or other people, resulting in damage.

Theft is a theft that occurred secretly for the owner and other persons who could have witnessed what was happening.

Qualifying characteristics and differentiation from related crimes

Art. 325 1 of the Criminal Code of the Russian Federation in the second paragraph, the qualifying feature provides for the commission of a crime in complicity.

The legislator included an article of the Criminal Code of the Russian Federation providing for the theft of state. numbers, two types of participation with distribution of roles are indicated:

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

Sanctions against qualified personnel have been tightened.
This is due to the fact that group torts are the most serious, with a large number of criminal episodes. Often, organized groups are part of criminal syndicates that are engaged in a specific type of criminal activity. Accordingly, crimes committed by groups cause greater harm to public order.

The issue of distinguishing between related elements is relevant in the work of an investigator or interrogator in the process of qualifying an act. In terms of the subject of the criminal offense, the composition of the criminal act provided for in Art. 326 of the Criminal Code of the Russian Federation.

The species and direct objects of adjacent compositions coincide. Subject of the crime Art. 325 1 of the Criminal Code of the Russian Federation is fully covered by the subject of Art. 326, which can be:

• state registration plate;
• VIN or vehicle identification code;
• digital body or chassis code.

Thus, if the items coincide, the distinction between the elements is based on the objective side: counterfeit, sale or destruction in Art. 326, illegal seizure in Art. 325 1.

Article 146 of the Criminal Code of the Russian Federation - Violation of copyright and related rights

The material presented has been prepared taking into account the latest trends in the legal interpretation of Russian legislation, and is based on the established law enforcement, as well as the personal practice of the author, lawyer Pavel Domkin. The commentary to this article does not constitute legal advice or guidance for making independent procedural decisions. If legal issues arise, or before taking any legally significant action, readers are advised to obtain appropriate legal advice. Date of publication: 09.09.2011

Rules of law

Article 146 of the Criminal Code of the Russian Federation - Violation of copyright and related rights

1. Assignment of authorship (plagiarism), if this act caused major damage to the author or other copyright holder, -

shall be punishable by: a fine in the amount of up to two hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to eighteen months, or by compulsory labor for a term of up to four hundred and eighty hours, or by corrective labor for a term of up to one year, or by arrest for a term of up to six months. .

2. Illegal use of objects of copyright or related rights, as well as the acquisition, storage, transportation of counterfeit copies of works or phonograms for sales purposes, committed on a large scale, -

shall be punishable by: a fine in the amount of up to two hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to eighteen months, or by compulsory labor for a term of up to four hundred eighty hours, or by corrective labor for a term of up to two years, or by forced labor for a term of up to two years. years, or imprisonment for the same period.

3. Acts provided for in part two of this article, if committed:

a) (lost force)

b) by a group of persons by prior conspiracy or an organized group;

c) on an especially large scale;

d) by a person using his official position, -

shall be punishable by: forced labor for a term of up to five years, or imprisonment for a term of up to six years, with or without a fine in the amount of up to five hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to three years.

Note to the article: The acts provided for in this article are recognized as committed on a large scale if the cost of copies of works or phonograms or the value of the rights to use objects of copyright and related rights exceeds one hundred thousand rubles, and in an especially large amount - one million rubles.

The main sources of legal regulation and application of the provisions of Article 146 of the Criminal Code of the Russian Federation:

1. The fundamental provisions of the law on the protection of objects of copyright and related rights are contained in part four of the Civil Code of the Russian Federation.

2. The official interpretation of the provisions of Article 146 of the Criminal Code of the Russian Federation in the investigation of criminal cases, mandatory for courts and investigative bodies, is contained in the Resolution of the Plenum of the Supreme Court of the Russian Federation dated April 26, 2007 No. “On the practice of courts considering criminal cases of violation of copyright, related, inventive and patent rights, as well as illegal use of a trademark."

2.1 Commentary to part one of the article - Assignment of authorship (plagiarism), if this act caused major damage to the author or other copyright holder

The crime provided for in Part 1 of Article 146 of the Criminal Code of the Russian Federation can only be committed in the form of “appropriation” .

In judicial practice, “appropriation” means:

• declaring oneself an offender as the author of someone else’s work;
• release, either in full or in a limited volume, of someone else’s work under the name of the offender;
• publication of a work created in collaboration, without indicating the names of the co-authors;
• use in one’s own work of a fragment of another author’s work without indicating the source of borrowing;
• coercion of co-authorship, when a person who is not the author is indicated as a co-author;
• other actions related to the appropriation of an object of copyright by the offender.

What will be the object of plagiarism, which may result in criminal liability?

In accordance with the norms of civil legislation, these include works of science, literature and art that are the result of creative activity and exist in some objective form, such as:

• literary works;
• dramatic and musical-dramatic works, screenplays;
• choreographic works and pantomimes;
• musical works with or without text;
• audiovisual works;
• works of painting, sculpture, graphics, design, graphic stories, comics and other works of fine art;
• works of decorative, applied and scenographic art;
• works of architecture, urban planning and landscape art, including in the form of projects, drawings, images and models;
• photographic works and works obtained by methods similar to photography;
• geographical, geological and other maps, plans, sketches and plastic works related to geography, topography and other sciences;
• computer programs that are protected as literary works;
• other works.

It should be noted that copyright applies to both published and unpublished above-mentioned copyright objects.

Objects of copyright are not :

• ideas, methods, processes, systems, methods, concepts, principles, discoveries;
• official documents and their official translations, state symbols and signs, works of folk art; messages about events and facts of an informational nature,

therefore, actions for their appropriation in criminal law under Article 146 of the Criminal Code of the Russian Federation are not prosecuted.

In addition, not every plagiarism is prosecuted criminally, but only unlawful actions that entailed causing major damage .

Major damage is an assessment category. When calculating it, the losses incurred by the author, lost income, and other material costs associated with the restoration of the violated right are taken into account.

When bringing the perpetrator of plagiarism to criminal responsibility, the investigative authorities must collect evidence that he committed criminal acts intentionally, that is, he knew about the illegality of his actions and wanted / foresaw / or was indifferent to the violation of the author’s rights.

2.2 Commentary to part two of the article - Illegal use of copyright or related rights, as well as the acquisition, storage, transportation of counterfeit copies of works or phonograms for sales purposes, committed on a large scale

The commentary to Part 1 of Article 146 of the Criminal Code of the Russian Federation reflects copyright objects Part 2 of Article 146 of the Criminal Code of the Russian Federation, along with copyrights, protects the so-called related rights , the objects of which are (Article 1304 of the Civil Code of the Russian Federation):

• performances by performing artists and conductors, productions by directors - stage directors (performances);
• phonograms;
• messages from broadcasting or cable broadcasting organizations;
• databases in terms of their protection from unauthorized extraction and reuse of the materials that comprise their contents;

• works of science, literature and art, published after they have entered the public domain, in terms of protecting the rights of publishers of such works.

as criminal actions under Part 2 of Article 146 of the Criminal Code of the Russian Federation:

1. Illegal use of copyright and related rights.
2. Illegal acquisition, storage, transportation of counterfeit copies of works or phonograms for sales purposes.

Explanation of the term "Use"

From the point of view of the current law, the use of objects of copyright and related rights implies (Article 1270 of the Civil Code of the Russian Federation):

• reproduction of a work, that is, the production of one or more copies of a work or part thereof in any material form;
• distribution of a work by selling or otherwise alienating its original or copies, including via the Internet;
• public display of the work;
• import of the original or copies of the work for distribution purposes;
• rental of the original or copy of the work;
• public performance of a work;
• message of the work on the air;
• object communication via cable;
• translation or other processing of the work;
• practical implementation of an architectural, design, urban planning or gardening project;
• making the work available to the public in such a way that any person can access the work from any place and at any time of his own choice.

It should be noted that not all use of objects of copyright or related rights without the consent of the author or copyright holder, as well as without payment of appropriate remuneration, is criminal.

The law (Article 1273 of the Civil Code of the Russian Federation) allows for the possibility of free use of a work exclusively for personal purposes, with the exception of the following cases:

• reproductions of works of architecture in the form of buildings and similar structures;
• reproduction of databases or significant parts thereof;
• reproduction of computer programs, except for cases specifically provided for in Article 1280 of the Civil Code of the Russian Federation;
• reproductions of books (in full) and music texts;
• video recording of an audiovisual work during its public performance in a place open to the public or in a place where a significant number of persons outside the normal family circle are present;
• playing an audiovisual work using professional equipment not intended for home use.

The Civil Code of Russia also stipulates cases of other free use of works for informational, scientific, educational or cultural purposes, for law enforcement purposes, etc. (Articles 1274-1280 of the Civil Code of the Russian Federation).

Disclosure of the “Illegality” sign

Each of the above actions for the use of works presupposes compliance with the requirements of the law regulating the civil circulation of objects of copyright and related rights, such as: obtaining permission from the author, drawing up a license agreement, etc.

Accordingly, the deliberate use of objects of copyright and related rights, carried out in violation of the norms of the current legislation of Russia, is considered illegal

To raise the issue of criminal prosecution, the investigative body is obliged to establish what specific actions of the guilty person violated the rights of the authors of works, their heirs, performers, producers of phonograms, cable and broadcasting organizations, as well as other holders of these rights. Accusing a person without indicating specific violations of the law indicates the illegality of criminal prosecution.

Explanation of the term “Counterfeiting”

Counterfeiting of a copy of a work or phonogram is not a technical, but a legal category established by law enforcement agencies.

Copies of works and phonograms may be considered counterfeit if their production, distribution, acquisition, storage for sales or other use violates copyright and related rights protected in accordance with the legislation of the Russian Federation. In other words, having identified a violation of the relevant provisions of the law, the court makes a decision to recognize the copies as counterfeit. When making such a decision, the court must take into account the circumstances and source of acquisition of the copy, the legal basis for its manufacture or import, the existence of agreements on the transfer of the right to use, the compliance of the circumstances of use of the work with the terms of this agreement, as well as the conclusion of an examination of the seized copy of the work. After considering the totality of these circumstances, the court makes a decision to recognize the copy as counterfeit.

Interpretation of the term “Copy of a work or phonogram”

In law enforcement practice, copy of a work is understood as a copy of a work made in any material form, including in the form of information recorded on a machine-readable medium, for example: CD - disk, DVD - disk, Blu-ray disk, etc.

A copy of a phonogram is a copy on any material medium, made directly or indirectly from a phonogram and including all or part of the sounds recorded in this phonogram.

Computer Crime Lawyer

What actions with counterfeit copies are punishable?

The following list of actions committed in relation to counterfeit copies of works or phonograms is criminally punishable:

• their acquisition for marketing purposes;
• storage for marketing purposes;
• transportation for marketing purposes.

Acquisition , as a criminal action, implies the receipt by a person of copies of works or phonograms as a result of a transaction to transfer ownership or other proprietary rights to them. Such transactions can be: a purchase and sale agreement, barter, economic and legal relations, as a result of which copies are transferred as remuneration for work done or services rendered.

Storage of counterfeit copies of works or phonograms is actions related to their actual possession. These, for example, include storing copies in a warehouse, in retail outlets, at a rental point, in a home or office space, etc.

Transportation of counterfeit copies of works or phonograms is their territorial movement by any type of transport.

As noted earlier, the acquisition, storage and transportation of copies of works or phonograms can constitute a crime only if they were committed for the purpose of sales .

The Supreme Court of the Russian Federation defined the concept of sales as the deliberate provision, for a fee or free of charge, to other persons by any means of copies of works or phonograms. Such actions may be: sale, rental, donation, distribution of copies for advertising purposes, as well as posting of works on the Internet communication network.

The absence of a sales goal for the person who acquired, stored or transported copies of works or phonograms does not constitute the crime under consideration.

An integral legal condition for bringing a person to criminal liability is the provision of the law that the unlawful actions of a person, be it the illegal use of objects of copyright or related rights or the acquisition, storage, transportation of counterfeit copies of works or phonograms for the purpose of sale, must be committed on a large scale . The note to Article 146 of the Criminal Code of the Russian Federation establishes a large amount of one hundred thousand rubles.

It should be noted that the large amount is determined by the investigative body and the court based on the retail value of licensed copies of works or phonograms at the time of the commission of the crime. Often, in practice, the value of counterfeit copies, as well as the value of the rights to use objects of copyright or related rights, is established by appointing and conducting a forensic examination.

If the illegal actions were not committed on a large scale, then the actions of the perpetrator may be punished under Article 7.12 of the Code of Administrative Offenses.

In the case of joint misuse of a computer program and its distribution, there is a single fact of offense. Separate classification of illegal actions under Article 146 of the Criminal Code of the Russian Federation (different episodes) is unacceptable. A computer program distribution is a form of software distribution that usually contains programs for system initialization, an installer program, and a set of special files that together form the core of the program, or in other words, an installation set of files for the program itself.

In the case where the hard disk contains both a copy of a computer program with signs of counterfeiting and a copy of the distribution kit of the specified program, then the joint unlawful use of the specified copyright objects constitutes one violation, since both objects (programs) are intended to achieve the same goal (proof link , , )

The crime provided for in Part 2 of Article 146 of the Criminal Code of the Russian Federation is not a material crime when the condition for initiating a criminal case is the occurrence of socially dangerous consequences in the form of causing damage to the copyright holder. Criminal prosecution under this article is possible from the moment of illegal use of objects of copyright or related rights on a large scale, or from the moment of illegal acquisition, storage, transportation of counterfeit copies of works or phonograms for the purpose of sale on a large scale.

2.3 Commentary on part three of Article 146 of the Criminal Code of the Russian Federation

In a special order, under Part 3 of Article 146 of the Criminal Code of the Russian Federation, the criminal actions described in Part 2 of Article 146 of the Criminal Code of the Russian Federation are punished if they are committed:

• a group of persons by prior conspiracy or an organized group;
• on a particularly large scale;
• by a person using his official position.

A group of persons by prior conspiracy, an organized group

A crime is recognized as committed by a group of persons by prior conspiracy if it involved persons who had agreed in advance to jointly commit a crime.

Criminal liability for the commission of a crime by a group of persons by prior conspiracy means that the accomplices have a prior agreement to commit a crime. For example, according to an agreement reached, one accomplice purchases counterfeit copies for sales purposes, another carries out their storage for sales purposes, and a third accomplice sells counterfeit copies.

A crime is recognized as committed by an organized group if it is committed by a stable group of persons who have united in advance to commit one or more crimes.

Extra large size

In accordance with the note to Article 146 of the Criminal Code of the Russian Federation, an especially large amount, calculated according to the rules set out in the commentary to part two, is one million rubles.

Use of official position

A person who uses his official position to commit a crime under Article 146 of the Criminal Code of the Russian Federation is recognized as:

• An official, that is, a person permanently, temporarily or by special authority exercising the functions of a government representative or performing organizational, administrative, economic functions in state bodies, local governments, state and municipal institutions, state corporations, as well as in the Armed Forces of the Russian Federation , other troops and military formations of the Russian Federation (note to Article 285 of the Criminal Code of the Russian Federation)
• A state or municipal employee who is not an official, performing managerial functions in a commercial or other organization, as well as in a non-profit organization that is not a state body, local government body, state or municipal institution (note to Article 201 of the Criminal Code of the Russian Federation).

The age of criminal liability for all three parts of Article 146 of the Criminal Code of the Russian Federation is set at 16 years.

On the validity of incriminating Article 273 of the Criminal Code of the Russian Federation in cases of copyright infringement

Features of identifying, investigating and considering cases of crimes under Article 146 of the Criminal Code of the Russian Federation

The detection and suppression of crimes provided for in Article 146 of the Code of Criminal Procedure of the Russian Federation is carried out by employees of internal affairs bodies on the basis of the Law “On Operational-Investigative Activities” and on the basis of the Law “On Police”. Often, for these purposes, employees of the Ministry of Internal Affairs use operational investigative measures in the form of test purchases and operational experiments.

Procedure for initiating cases

In accordance with the criminal procedural legislation, a criminal case under Part 1 of Article 146 of the Code of Criminal Procedure of the Russian Federation can be initiated only at the request of the injured party (author).

To initiate a criminal case under parts 2 and 3 of Article 146 of the Code of Criminal Procedure of the Russian Federation, a statement from the injured party is not required.

Departmental jurisdiction

The investigation of this category of criminal cases falls under the jurisdiction of investigators of the Investigative Committee of the Russian Federation, at the same time, a preliminary investigation can also be carried out by investigators of the body that revealed these crimes (Ministry of Internal Affairs of the Russian Federation, FSB of the Russian Federation and even investigators of the Federal Drug Control Service of the Russian Federation).

Jurisdiction of cases

The consideration of crimes provided for in Article 146 of the Criminal Code of the Russian Federation falls under the jurisdiction of district courts.

Territorial jurisdiction and jurisdiction

The investigation and consideration of criminal cases under Article 146 of the Criminal Code of the Russian Federation is carried out at the place where the crime was committed.

Other measures of a criminal legal nature

In accordance with Article 104.1 of the Criminal Procedure Code of the Russian Federation, money, valuables and other property obtained as a result of committing a crime under Article 146 of the Criminal Procedure Code of the Russian Federation are subject to confiscation, that is, forced gratuitous seizure and conversion into state property on the basis of a conviction.

Lawyer Pavel Domkin

Examples of judicial practice

What to do if your numbers are stolen

State theft
numbers before the criminalization of the act acquired such a wide scope that one could talk about the so-called sign business. Of course, such a scenario is also possible when the license plates are simply hidden in retaliation against the car owner. In this situation, the perpetrator does not face criminal prosecution, but it will also not be possible to completely escape responsibility if caught. If you discover a loss, the only correct decision is to contact the nearest police station. The driver is prohibited from using his car with missing license plates, so he cannot go to the police on his own to file a theft report. You need to call a tow truck.

There are two ways to recover lost numbers:

1. Making duplicates.
2. Receiving new numbers.

In the second case, the vehicle will have to be re-registered.

In case of loss of car license plates, the owner has no obligation to re-register his vehicle, since the Rules for Registration of Motor Vehicles do not contain such instructions.

However, by following the path of least resistance and receiving a duplicate, the owner risks being held liable for offenses or even crimes that he did not commit.

For example, attackers can put license plates on another car. All traffic violations recorded by cameras or employees in protocols and addressed to the car owner can be the smallest nuisance.

A much more serious problem may be the situation when criminals commit a serious crime in this car: robbery, vehicle theft, kidnapping or hitting a pedestrian.

Therefore, for their own safety, a driver who has been injured by criminals must report the incident to the police as soon as possible. After this, he will be issued a document recording the fact of loss, and the number itself will fall into the wanted category and will become unavailable for use by criminals.

How is the amount of damage determined?

When determining the amount of damage, the market value of the property on the date when the crime was committed is taken into account. Damage assessment, if there is no information about the value of the object, is carried out by experts who are members of self-regulatory organizations whose activities are licensed.

The amount of damage is determined by a combination of the following indicators:

• market value of lost or damaged property;
• restoration costs;
• expenses associated with the need to restore the violated right;
• the amount of lost profits.

Note!

When determining damage, the financial situation of the victim is taken into account, as well as the special value of the lost or damaged property.

What to do if one number goes missing

There is a situation when one number is lost.
The reasons for this situation can be different and not always criminal:

• the license plate simply fell off its mounts on a bad road;
• a bad joke or hooligan act by an ill-wisher;
• collector's desire numbers to replenish your collection;
• In the process of stealing license plates, the criminals were scared away.

On automobile forums you can come across the opinion that the presence of a front sign, albeit one, will deprive the traffic police officer of the right to issue a fine. This is a common misconception. It is prohibited to drive a car even without one sign.

Installation of registration plates is carried out in strict accordance with GOST R 50577-93. According to state According to the standard, plates are installed both in front and behind the vehicle. The legislator has not provided any exceptions to this rule. Accordingly, the absence of one number entails the same legal consequences as driving without both.

To avoid fines, the car owner can, without involving the police, contact a commercial organization to make a duplicate, presenting the remaining number. However, criminals can do the same, and the car owner will have to bear responsibility for what they have done.

Thus, in the event of the loss of only one sign, it is still advisable to notify the competent authorities.

Is it possible to challenge the amount of damage?

It is possible to challenge the damage received, but you will need to provide the court or investigation with comprehensive evidence that the real amount does not correspond to that obtained as a result of the expert assessment.

Here we need to consider the standards that the experts relied on when conducting the examination itself. It is possible that they are outdated or do not correspond to the real state of affairs. In this case, you should always request copies of their assessment for consultation with an experienced lawyer.

You can also order your own independent examination, but you will have to pay for it, since you are more interested in this than the culprit himself.

What to do if foreign license plates are stolen

The theft of car license plates from foreign citizens is a common occurrence. This is a desirable target for criminals who demand ransom for the return of stolen property. Criminals demand larger sums from such car owners, citing a more expensive restoration procedure and ignorance of the realities of a foreign country.

In reality, the algorithm of actions for a foreign citizen is similar to the general procedure:

• notify local police;
• write a statement about theft and receive a certified certificate regarding this fact;
• submit documents for the car and a certificate from the local police to the diplomatic office of the state of which the victim is a citizen.

Further, the issue of issuing duplicate foreign license plates is dealt with by the consulate or embassy to which the foreign citizen applied.

What is the penalty for stealing numbers?

If you experience the theft of your number and receive an offer to return it for a reward, you need to submit an oral or written report of the crime to the police. Finding the real criminal is extremely difficult, since in order to receive a reward, the numbers of electronic wallets or telephone numbers registered to dummies are indicated. However, law enforcement agencies have technical controls and equipment at their disposal to identify the criminal.

The theft or loss of license plates must be reported to the police even if there is no requirement for a reward. The fact is that other persons can use stolen license plates to install them on another car and commit illegal actions. When investigating other crimes, the first suspicions will always be brought against the citizen to whom the license plates are registered. If the theft was not reported to the police, you will have to prove your innocence.

If during the investigation the identity of the criminal is established, the fact of theft and a mercenary motive are proven, a guilty verdict will be issued. The court may apply the following sanctions to the convicted person:

• a fine of up to 200 thousand rubles, or in the amount of the culprit’s salary for up to 1 year;
• compulsory or correctional labor;
• imprisonment for up to 1 year.

The relative leniency of punishment is associated with the low social danger of the crime. However, if the theft of a number is committed as a result of the action of an organized group, the sanctions will be stricter - those responsible face a fine of up to 300 thousand rubles, a prison term of up to 4 years, and other sanctions.

What to do if numbers of another region or city are stolen

Vehicle owners from other regions become victims of criminals who steal state registration plates. signs more often than others. According to the logic of the criminals, this situation for the motorist is complicated by the inability to return to their region to re-register the license plate. This opinion is another misconception, since it is not necessary to return to the place of registration of the vehicle.

The driver's procedure remains unchanged:

• filing an incident report;
• making duplicates in a company providing similar services where the incident occurred;
• re-registration of the vehicle after returning to your region.

The main thing for the victim is not to lose composure, know your rights and be aware of the degree of your own responsibility for taking or avoiding the necessary steps.

Composition of petty theft and qualification features

The main problems associated with bringing to justice are the difficulty of determining the type of offense. Thefts are classified based on the amount of damage. They can be divided into two groups:

• insignificant.

These are considered thefts, the amount of which does not exceed the minimum limit established by law - 1000 rubles. As a rule, these include theft of food from stores, supermarkets, and, less commonly, apartments. In such cases, only administrative liability can be brought.

• significant.

In this case, the amount of damage exceeds 5,000 rubles, but there is no possibility of qualifying this offense as a major one. In this case, criminal liability applies.

The cost of stolen items is determined by experts, purchasing prices are taken into account, without any markup. For example, if a citizen stole goods from a store totaling 1,300 rubles, but in fact it was purchased for 900 rubles, the act will be classified as petty theft.

Report to the police about license plate theft

The loss of car registration plates can occur not only due to theft, they can simply be lost. The driver will have to inform the police in any case. The car owner decides for himself what reason for the loss to indicate in the application.

When contacting the police, the driver has the right to indicate one of the reasons for the loss of license plates:

1. Theft.
2. Unexplained circumstances, which implies a non-criminal background to the incident.

Drivers often do not file a complaint about the theft of license plates due to the length of the procedure for obtaining new license plates, without which it is impossible to use the car.
And although the detection rate of such crimes is low and usually such cases do not become the subject of judicial review, the driver will not be able to use his car until the end of the investigative measures. For these reasons, drivers most often report loss under unknown circumstances. However, as a result of such decisions, the crime is hidden, allowing this criminal “business” to flourish.

Amount of damage as a qualifying feature

Damage acts as an object as a qualifying feature in crimes. Usually these are funds or property that caused damage. It may also be the subject of an offense.

In some cases, it is also considered as an objective aspect of the crime , namely as causing large or especially large damage. It is precisely this kind of formulation that is often found in this case.

When qualifying crimes against property or in the economic field, it is necessarily taken into account, since it is considered a kind of measure for assessing the consequences that occurred as a result of the offense, as well as assessing its social danger.

Important! The amount of damage directly affects the choice of the preventive measure itself and the duration.

Usually in criminal practice the following principle applies: the more harm a citizen has suffered, the more severe the punishment will be imposed on the perpetrator of the incident. In some cases, the latter is also required to pay compensation for damage.

The amount of damage directly affects the type and amount of punishment imposed.

Thus, we can conclude that this is a very important qualifying feature in crimes that are characterized as committed against property or in the economic sphere.

How to write about theft, when and where to file

You can report theft to the police in any of the following ways:

• orally;
• in writing.

An application for theft can be written by the victim in his own hand (written method of filing an application) or submitted by signing a protocol (oral method). The protocol is filled out from the words of the victim at the police station by the operational duty officer.

In both cases, the application must contain information about the applicant, a detailed description of the circumstances of the theft: time, place, accompanying events, evidence of the ransom demand. The application must contain the essence of the requirement - a request to initiate a criminal case regarding the theft.

When faced with the theft of license plates from a car, the last thing a car enthusiast thinks about is the article of the Criminal Code of the Russian Federation.

The main questions asked by the victim relate to the timing and addressees of the appeal:

1. The law does not contain clearly defined time limits for filing a statement of theft, except for the general deadlines for bringing to justice. But since the lack of license plates impedes the operation of the car, it is advisable to submit such an appeal as soon as possible after identifying the loss.
2. A statement of jurisdiction is submitted to the police station nearest to the scene of the event. The operational officer on duty is obliged to accept the citizen’s statement, even if the case is subsequently dismissed for lack of evidence.

Correct and timely contacting the police will help to avoid many problems with the competent authorities later.

Initiation and investigation of a criminal case regarding theft.

A criminal case for theft is initiated not only at the request of the victim. Such cases relate to cases of public prosecution (Article 20 of the Code of Criminal Procedure of the Russian Federation). Consequently, a case can be initiated not only on the basis of a statement from the victim, but also on the fact of theft, information about the commission of which could have been received by law enforcement agencies from other sources (confession, reports from witnesses, etc.).

Depending on the severity of the crime committed, the preliminary investigation is carried out in the form of a preliminary investigation or inquiry. During the investigation, the following operational investigative actions are carried out aimed at establishing the circumstances of the commission of a criminal act, establishing the identity of the perpetrator and securing evidence of his guilt. 1. The scene of the incident is inspected and the traces left at the scene of the incident are recorded (traces of sweat, fingerprints, shoe marks, signs of a break-in, etc.). CCTV footage is requested and confiscated. 2. The real value of the stolen property is determined to qualify the offense and exclude an administrative offense. 3. The owner or other person who legally owned the property that was removed from his possession as a result of a criminal act is determined. 4. The circle of witnesses and suspects is established. 5. The primary qualification of the offense is determined. 6. A search, detention and interrogation of the suspect is carried out. His alibi is checked. 7. The suspect is searched, his home and other places of possible storage are searched to identify traces of involvement in the crime. 8. The necessary examinations and confrontations are appointed and carried out. 9. The final charge is presented and the accused is given the right to familiarize himself with the investigation materials. After the preliminary investigation is completed, the indictment is approved by the prosecutor and the case is sent to court.

What punishment and responsibility are provided?

Illegal seizure of state numbers are provided for by both criminal and administrative legislation. What makes this act a crime is the presence of grave consequences from its commission, which are not included in the structure of the criminal article.

Punishment for a crime and for an administrative tort is provided for in the relevant articles of the codes - criminal and administrative offenses:

1. The mildest criminal punishment under Art. 325 1 of the Criminal Code of the Russian Federation - a fine, the most severe - imprisonment. The fine can reach 200 thousand rubles, imprisonment cannot exceed 1 year. The same crime, committed with complicity, entails tougher sanctions - an increase in the size of the fine and the terms of other punishment. After serving, the perpetrators will have a criminal record.
2. Administrative measures entail milder sanctions and do not provide for consequences in the form of a criminal record. The same tort of confiscation of registration plates, which does not contain signs of a criminal act, is provided for in Art. 19.37 Code of Administrative Offenses of the Russian Federation. The maximum that can be imposed for an administrative offense is a fine not exceeding 5 thousand rubles, or administrative arrest for no more than 15 days.

The distinction between criminal and administrative torts is made according to the constituent element of the crime - the motive for committing the act.

What crimes does it characterize?

Such a qualifying feature as the amount of damage characterizes crimes against property and relates to the classification of crimes according to the subject of the attack. In this category of offenses, the amount of damage is of significant importance. If it is minor, then the offense does not fall within the scope of the Criminal Code.

The greater the amount of damage, the higher the degree of danger of the act and the punishment becomes more severe. Property crimes include:

• theft;
• robbery;
• robbery;
• extortion;
• theft of valuables;
• illegal taking of a car;
• various types of fraud.

Administrative and criminal liability

Illegal confiscation of plates with a number is prosecuted administratively in the absence of signs of a crime in the act.

In practice, the differentiation process looks like this:

1. In the absence of legal grounds, a person appropriates the registration plates of someone else's car.
2. The pursued goal is hooligan motives, a desire for revenge, or some other reason.

If both elements are present together, the right

the user qualifies the act as an administrative offense. The main thing is that the motives for committing the act do not coincide with those listed in Art. 325 1 of the Criminal Code of the Russian Federation. An administrative offense poses a lesser public danger and entails the imposition of an administrative penalty.

Criminal liability was introduced by the legislator relatively recently - in 2014.

The legislator specifies two criteria as grounds for classifying an act as criminal:

• presence of selfish motive;
• intent to commit a grave or especially grave crime.

Criminal liability for unlawful taking of state property. number are attracted when at least one incentive specified in Art. 325 1 of the Criminal Code of the Russian Federation.

Because motive is often difficult to prove, a low percentage of such criminal cases go to trial. Usually everything is limited to administrative punishment.

In addition, the injured drivers themselves, trying to undergo re-registration as soon as possible, do not indicate in their statements the real reason for the loss, citing unclear circumstances. All this significantly reduces the effectiveness of law enforcement officers’ attempts to combat this type of criminal “business” such as the theft of car plates.

What amounts constitute large and especially large damages?

Let us consider separately what amounts are defined by law as damage on an especially large scale and on a large scale, since these two criteria in their monetary equivalent have completely different meanings.

It’s worth noting right away that in case of fraud, the amount of damage will be exceptions to the generally accepted rule, so we will present them separately.

Major damage

The amount of major damage in the Criminal Code of the Russian Federation is defined in note 4 of Art. 158 ch. 21 and is designated as amounts exceeding RUB 250,000. , but further stipulates that they may be different for a certain group of offenses and range from 1,500,000 rubles . These are the crimes:

• fraud in the credit sector and using payment cards;
• offenses in the areas of insurance, business and computer technology.

Another separate exception is offenses in the field of non-fulfillment of an agreement in business activities. What amount is considered large in this particular case? From 3,500,000 rub.

The sizes of large and especially large sizes differ according to the types of offenses.

If we talk about ch. 22 of the Criminal Code of the Russian Federation, then according to it the amount of this type of harm is determined as an amount from 1,500,000 rubles. There are exceptions here too. For example, when limiting competition (Article 178 of the Criminal Code of the Russian Federation), how much is a large amount in the Criminal Code of the Russian Federation? In this case, the damage will be considered major if it is more than 10,000,000 rubles.

Particularly large damage

According to the Criminal Code of the Russian Federation, damage on an especially large scale is defined as an amount of more than a million rubles , but in 2012 some changes were made to the code, according to which it is considered an amount of 6 million rubles or more for fraud in the following areas:

• in credit;
• using payment cards;
• insurance;
• computer technologies.

4 years later, Art. ceased to apply. 159.4 of the Criminal Code of the Russian Federation for fraud in business activities. Instead, there are now h.ch. 6 and 7 art. 159, for which an especially large amount according to the Criminal Code of the Russian Federation is from 12 million rubles.

What Affects Relative Valuation

The assessment of damage is influenced by such criteria as the social danger of the crime committed, the market price of the object, etc. Now many lawyers note the need to introduce a differentiated approach to determining the amount of damage, since in some offenses it is not taken into account against whom they were committed - legal entities. or physical persons, as well as individual entrepreneurs.

Some crimes may also be of a continuing nature, as in cases of criminal acts by company accountants who engage in illegal cash flows over a long period of time. In these cases, the court will take into account the total amount of all improperly spent funds.

When assessing the value of property, sales receipts or other documents that contain information regarding the value of a citizen’s property must be taken into account. The financial condition of the citizen or organization at the time of the crime committed against them and the relationship between it and the amount of damage caused must also be taken into account

Reference. When the damage that has been caused to funds is determined (theft, robbery, fraud), then both cash and non-cash funds are taken into account, depending on which of them became the target of the criminal’s attack.

If these objects are of particular value from the point of view of art or history, then special experts are invited to evaluate them in monetary terms. They are the ones who determine it, and also take into account the importance of objects for society and culture.

To assess the damage, a special examination of the citizen’s property is carried out.

Experts are also invited to determine the cost of the vehicle. If we are talking about an accident, then you can contact an independent expert to accurately calculate the damage to the car. The resulting paper must be submitted to the investigation.

If during investigative activities a dispute arises over the assessment of damage, it is best to contact the same independent expert. However, here one point should be taken into account: the injured party, as the most interested in this issue, will most likely need to pay for his services.

Special situations

Perhaps the main special case in the practice of imposing punishment for petty thefts is administrative arrest. This is an exceptional measure that can only be applied if the person convicted of petty theft has seriously resisted arrest. Moreover, 10 or 15 days of arrest may be imposed if the attacker additionally caused serious damage to the store or supermarket from which he stole property.

If there was resistance causing bodily harm to a security guard, resistance to a police officer who was trying to detain a criminal, criminal liability is possible. For example, for minor bodily injuries, Art. 115 of the Criminal Code of the Russian Federation. The maximum penalty is up to 2 years in prison.

If petty theft was committed by a person under 14 years of age, he cannot be held administratively liable. Instead, parents or guardians face punishment. Teenagers over 14 years of age may be subject to administrative liability. If a person has reached the age of 11, he may be placed in a special educational institution.

How to avoid liability for petty theft?

It is possible to bring a citizen to punishment for petty theft only if there are compelling reasons. For example, a security guard at a retail outlet has the right to detain a buyer only if the following actions have been committed:

• he walked up to the product shelf and took the product in his hands, but instead of putting it back on the shelf, putting it in a cart or basket, he put it in a bag, bag, pocket, under his jacket, etc.;
• he did not pay for the goods at the checkout.

This sequence of actions does not give the security guards the right to search the buyer. In this case, they must call the police.

Up to what amount is petty theft considered?

Responsibility for petty theft is provided for by the Code of Administrative Offenses of the Russian Federation and the Criminal Code of the Russian Federation. The border between them is the amount provided for by current legislation for the qualification of crimes. It is 2500 rubles. Thus:

• if a person has committed theft, the amount of which does not exceed 2,500 rubles, such an offense is considered minor. The citizen will be held administratively liable;
• if the damage exceeds 2,500 rubles, such a violation will be qualified under the Criminal Code of the Russian Federation.

At the same time, the Code of Administrative Offenses of the Russian Federation specifies different sanctions for thefts of up to 1000 and up to 2500. If the damage does not exceed 1000 rubles, the attacker faces a fine of up to five times the value of the stolen property, but not less than 1000 rubles, arrest for up to 15 days or compulsory work for up to 50 hours.

If the damage ranged from 1,000 to 2,500 rubles, one of the following penalties will be imposed: a fine of up to five times the value of the stolen property, but not less than 3,000 rubles, arrest from 10 to 15 days, or compulsory labor for up to 120 hours.