I have Part 2 of Article 158 of the Criminal Code of the Russian Federation, a relapse, the victim has no complaints. What should I hope for?

Criminal amnesty in 2021

Typically, an amnesty is an act of mercy towards criminals, the purpose of which is complete or partial release from punishment. This may mean that the person will simply be released early, that his preventive measure will be replaced with a relaxed one, etc.

What you need to know about amnesty

However, the issue seems to have been put on hold. At least, at the time of writing this material, that is exactly how it was. Many interested categories, of course, were indignant, but if you look at the issue more broadly and from a perspective, it becomes clear why they did it this way and not otherwise. First of all, we are talking about the fact that the criminal correctional system as such is being revised. There are tendencies to simply remove articles that are regularly included in amnesties from the Criminal Code, replacing their status with any other one that allows compensation for damage, undergoing a correction procedure, etc. other humane ways. Thus, the “first sign” was the law on the termination of criminal cases on economic charges after compensation for damage.

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And the main qualifying feature is the transfer of narcotic drugs to the full disposal of another person. The sale is considered completed at the moment when the acquirer has received them at his full disposal.

Petty theft will result in community service

1. If previously, for crimes of minor or moderate severity, the replacement of imprisonment with forced labor was allowed only after completion of a third of the sentence , now replacement is possible after a quarter of the term of imprisonment established by the court.
2. When committing serious crimes, transfer to forced labor was allowed only after serving half of the sentence ; now this is permissible after being imprisoned for one third of the entire term of imprisonment imposed on a conviction.
3. For particularly serious crimes, the mandatory part of imprisonment previously amounted to two-thirds ; now it allows for replacement by forced labor after the offender has served half of the sentence.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem , contact a consultant:

In accordance with Art. 61 of the Criminal Code of the Russian Federation, the court has the right to take into account any information that positively characterizes the perpetrator. This norm lists the main criteria in favor of the perpetrator, but their list is not exhaustive:

The process and procedure for applying amnesty is strictly regulated by current legislation. To determine this fact, special commissions are created, which decide the issue regarding the application of the amnesty. The pardon procedure is carried out only at the request of the prisoner, his relatives, as well as employees of the colony administration. If the court's decision is positive, mitigation or release is possible.

Article 213 of the Criminal Code of the Russian Federation, as amended, establishes that hooliganism with violence towards citizens or the threat of its use is punishable by:

• a fine in the amount of 300,000 to 500,000 rubles or in the amount of wages or other income of the convicted person for a period of two to three years;
• compulsory work for up to 480 hours;
• correctional labor for a period of one to two years;
• forced labor for up to five years;
• imprisonment for a term of up to five years.

For hooliganism committed with the use of weapons or objects used as weapons, or by a group of persons, the offender will be punished in the form of:

• a fine in the amount of 500,000 to 1,000,000 rubles or in the amount of wages or other income of the convicted person for a period of three to four years;
• forced labor for up to five years;
• imprisonment for a term of up to seven years.

Legal documents

• Article 128.1 of the Criminal Code of the Russian Federation. Slander
• Article 267 of the Criminal Code of the Russian Federation. Rendering of transport means or means of communication unusable
• Article 213 of the Criminal Code of the Russian Federation. Hooliganism

New rules for determining categories of crimes

The wording of Article 15 of the Criminal Code of the Russian Federation has changed; in accordance with it, crimes of medium gravity include careless acts, for the commission of which the maximum punishment does not exceed 10 years of imprisonment. Previously, the maximum penalty was more than 3 years in prison. At the same time, careless acts are now classified as serious crimes, for which the maximum penalty does not exceed 15 years in prison. Until now, only intentional acts of the guilty person were recognized as serious crimes.

Additional qualifications

In any situation, in order not to be deceived, you must carefully study all the information about a particular company. If everything is fine, then you can proceed to such a stage as investing. It is imperative to be wary of the numerous clones that offer to invest in their company. This is a real 100% fake. You need to have a good understanding of all this.

Investing money: how to avoid fraud?

A manager who calls his own victim and gives first and last names naturally already knows how much money is stored in a particular person’s account. In this situation, a wide variety of methods are used to persuade a person to bring these finances to their organization.

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Although the presidential elections are considered a big event for the Russian Federation, experts decided not to take them as a big holiday and not to use them as a stimulant for people who are serving sentences.

Amnesty 2022 under Article 158ch2

Law 323-FZ introduced a change in the note to Article 158 of the Criminal Code of the Russian Federation regarding the amount of significant damage to a citizen. From the moment the law comes into force, significant damage to a citizen will continue to be determined taking into account his property status, but it cannot be less than 5,000 (five thousand)

The average benefit amount will be 10,523 rubles. in 2022, 10,836 rubles. - in 2021 and 11,143 rubles. — in 2021. Legislators also changed the wording of Article 258.1 of the Criminal Code of the Russian Federation, which provides for liability for the illegal extraction and trafficking of especially valuable wild animals and aquatic biological resources.

The Council decided to consider bills in the first reading at meetings of the State Duma on Fridays in accordance with Part 7 of Article 118 of the Rules of the State Duma at a fixed time (17 hours 30 minutes).

The acquittal of a citizen who paid for purchases with someone else's bank card survives appeal

On August 13, the judicial panel for criminal cases of the Kostroma Regional Court upheld the acquittal of a citizen previously accused of theft for making purchases using someone else’s bank card (AG has the appeal ruling).

Facts of the case

In December 2022, Alexander Lebedev lost his bank card and discovered the loss only when unknown persons began to pay for purchases with it. The money was written off several times, and each time the transaction amount did not exceed 1 thousand rubles. Then the card owner managed to block it and stop the unauthorized debiting of funds.

Subsequently, Alexey Pestov voluntarily came to the police, where he wrote a confession. He admitted that he received a bank card in the name of Lebedev from his friend Smirnov. With her help, he bought groceries worth 745 rubles in the store. The second time, the amount of purchases using someone else’s bank card was 288 rubles, and the third time – 306 rubles. According to the citizen, after purchasing food, he returned the card to Smirnov. Then another person tried to buy goods for 900 rubles, but the card was blocked.

Alexey Pestov compensated the harm caused to the victim in full. The court chose a preventive measure for him in the form of a written undertaking not to leave the place and proper behavior. The actions of the accused were qualified by the investigation under paragraph “g” of Part 3 of Art. 158 (theft committed from a bank account, as well as in relation to electronic funds, in the absence of signs of a crime provided for in Article 159.3 of this Code) of the Criminal Code of the Russian Federation. Similar charges were brought against Smirnov in a separate criminal case.

Entry into the case of a defense attorney by appointment

Alexey Pestov was defended by the lawyer of the Kostroma Region Administration, Alexey Egorov. In a commentary to AG, he said that he entered into the process at the preliminary investigation stage. “On December 13, 2022, in accordance with the duty schedule, I was invited by the investigative authorities to protect the suspect in accordance with Art. 51 Code of Criminal Procedure of the Russian Federation. By the time I arrived at the investigative department, my client was already with the investigator. I was presented for review with the principal's explanation and confession, in which he outlined his actions in detail. During the conversation, the principal confirmed what he stated in the documents,” the lawyer noted.

The defender explained that, according to Alexey Pestov, the latter made several purchases in stores using someone else’s bank card in a contactless manner without entering a PIN code. “Each purchase was less than 1 thousand rubles. The investigator, in turn, explained that a criminal case had been opened under paragraph “g” of Part 3 of Art. 158 of the Criminal Code of the Russian Federation in relation to unidentified persons,” the lawyer said.

According to Alexey Egorov, he explained to the client that there is a possibility of changing the classification of his actions from a criminal offense to an administrative offense. “Formally, his actions fell under a different qualification of the Criminal Code of the Russian Federation, namely Part 1 of Art. 159.3 of the Criminal Code of the Russian Federation (fraud using electronic means of payment). But due to the fact that the total amount of purchases was less than 2.5 thousand rubles, his actions constitute an administrative offense under Part 2 of Art. 7.27 of the Code of Administrative Offenses of the Russian Federation (petty theft),” the lawyer explained.

“Next, the principal gave evidence in which he outlined in detail the entire procedure for his actions, paying special attention to the fact that in the store no one asked him about the ownership of the bank card, and he did not inform anyone that the card did not belong to him,” added Alexey Egorov.

The lawyer noted that the investigation opened a criminal case for a serious crime, although the disposition of paragraph “g” of Part 3 of Art. 158 of the Criminal Code of the Russian Federation directly states that an important condition for initiating such a criminal case is met (the absence of signs of a crime provided for in Article 159.3 of the Criminal Code of the Russian Federation). “It would be naive to think that the investigation was simply mistaken or in a hurry. It was obvious that at the investigation stage there could be no talk of any termination, and the investigation was confident that the qualifications were correct. The supervising prosecutor signed the indictment specifically for the serious offense, which indicates the consistency of the position of the investigative authorities and the prosecutor’s office on this issue,” the defense lawyer said.

“My client and I decided not to go against the grain and present our position in court. For this reason, we have developed a position in which he fully agrees with the accusation, gives the testimony necessary for subsequent reclassification and compensates the harm caused to the victim. Next, the defense, without interfering with the investigation, goes to court for consideration on the merits, where it claims incorrect qualifications. In turn, the principal will explain that he recognizes the factual circumstances of the case in full, and leaves the question of qualification of his actions to the lawyer, while fully relying on the fairness of the court,” explained Alexey Egorov

The lawyer dissuaded the client from considering the case in a special manner

“On the day of familiarization with the case, when drawing up a protocol in accordance with Art. 217 of the Code of Criminal Procedure of the Russian Federation, the principal suddenly expressed a desire to consider the case in a special manner. Most likely, he did this because his friend, who also managed to use someone else’s card, announced that the criminal case was being examined in a special manner. I explained all the consequences of such a decision, that there is a high probability of conviction under the imputed article. In addition, I also pointed out the futility of considering a criminal case in a special manner. In the presence of mitigating circumstances (confession, repentance, compensation for harm and the absence of aggravating circumstances), the punishment will in any case be less than two-thirds of the most severe punishment, and this is with the worst outcome. In his case, the maximum is punishment using the provisions of Art. 73 of the Criminal Code of the Russian Federation,” said Alexey Egorov.

According to the lawyer, after signing the protocol, he convinced his client that at the court hearing the defense would claim an incorrect legal assessment of his actions.

Consideration of the case in the court of first instance

The criminal case against Alexey Pestov was considered in the Dimitrovsky District Court of Kostroma. During the trial, the defendant fully admitted his guilt in the act accused of him. The state prosecution, in turn, supported the charges brought against him.

“During the debate between the parties, the state prosecutor asked to leave the qualifications the same, but proposed to reduce the category of the crime, impose a fine and release from punishment. Most likely, this was done to prevent the convicted person from appealing the conviction, since there would not have been any serious consequences for him. Thus, the unfounded initiation of a criminal case under a serious article would be hidden. Plus, the principal would have lost the right to rehabilitation,” noted Alexey Egorov.

Brief description of the standard

In the field of property offenses, theft occupies a leading position, although it is not considered the most dangerous crime.

By legislative definition, it is recognized as the secret theft of someone else's property. That is, the violator’s actions are aimed at illegally taking someone else’s property without the owner noticing.

To qualify as theft, the crime must have the following characteristics:

• be of a selfish nature;
• be unlawful;
• be free of charge;
• cause damage to the owner.

The moment when the offense was committed must also be determined. According to the Criminal Code of the Russian Federation, theft is recognized as committed at the moment when a citizen secretly took possession of someone else's property and was given the opportunity to use it at his own discretion.

In addition, there must be direct intent - the criminal must know that the victim will suffer material damage and it is for this purpose that he commits his act.

In Russia, the punishment for theft is regulated by Article 158 of the Criminal Code of the Russian Federation. The article includes four parts, each of which provides for a specific punishment depending on the severity of the crime:

Thus, it can be committed both in a simple composition and with the presence of qualifying features. Depending on the type of crime, the punishment is assigned.

What is the punishment?

The extent of liability for theft can vary significantly. If theft is committed, the article provides for the following punishment:

It turns out that the greater the amount of damage, the more severe the punishment. In this case, the aggravating moments are:

• theft by a group of persons;
• existence of a preliminary conspiracy;
• re-offense for a similar crime;
• particularly large damage.

It is worth noting that the article in question does not provide a portrait of a potential violator in terms of his age. Therefore, there is a fairly common misconception about teenagers.

Allegedly, only notorious repeat offenders can be brought to serious criminal liability before reaching adulthood. And the rest will face a maximum fine.

Moreover, since a minor, as a rule, has no income, the penalty will be small. However, this is not quite true.