Features of theft committed by a minor or with his participation

An offense such as shoplifting by a minor has serious consequences both for the person who committed the act and for his parents.
Recently, the number of illegal actions related to the secret deliberate appropriation of someone else's property has increased. You will have to answer before the law for this offense in accordance with Article 158 of the Criminal Code of the Russian Federation, according to the age of the person who committed the violation. What is the penalty for theft by minors? Multi-channel free hotline Legal advice on criminal law. Every day from 9.00 to 21.00

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What punishment will a person under 18 years of age suffer?

According to Art. 87 of the Criminal Code of the Russian Federation, minors are persons from 14 to 18 years old. For committing theft, a minor can either be punished or educational measures can be applied to him.

Let us schematically depict the types and features of punishments that can be applied for theft committed by a minor:

Let us note that the specific type of punishment is established by the court individually after carefully studying all the circumstances of the theft, as well as the identity of the minor.

Parental responsibility for theft by minor children

In the case where the theft was committed by a young child who is not subject to criminal liability (under 14 years of age), responsibility for the act committed by the child rests with the parents or guardians. In this case, the child can be registered with a special body - the Commission on Minors' Affairs.

• As a rule, parents undertake to pay a fine, the amount of which depends on the type of act committed by the child and its severity. If you manage to reconcile with the victims, you can only get by with compensation for the damage.
• Parents are also fined in some cases when the theft was committed by a teenager between 14 and 16 years old (for example, when a phone was stolen in conspiracy by a group of teenagers).

If the crime is committed in a store

Most often, teenagers commit so-called shoplifting, that is, shoplifting. Minors hope that their actions will go undetected and they will not be held accountable for stealing a few products from a store or a small accessory from a clothing store.

For their illegal actions, minors can be brought either to criminal liability (Article 158 of the Criminal Code of the Russian Federation) or to administrative liability (Article 7.27 of the Administrative Code).

Reference. According to Art. 2.3 of the Code of Administrative Offences, a person is subject to administrative liability from the age of 16, including for committing petty theft. To bring a minor to administrative responsibility, it is necessary that the offender steal property worth less than 2,500 rubles.

For example, if 17-year-old A. enters a store and secretly steals products, the total cost of which is 900 rubles, he will be subject to administrative liability under Part 1 of Art. 7.27 Code of Administrative Offences .

If A. steals food worth 2300, then his actions are qualified under Part 2 of Art. 7.27 Code of Administrative Offences .

Let's consider the types of administrative punishment applied to a minor for petty theft from a store:

Art. 32.2 of the Code of Administrative Offenses prescribes that if a minor has no income, an administrative fine must be collected from the parents.

Prevention of theft

In order to prevent minors from committing thefts and other criminal acts, appropriate educational measures must be carried out with children, during which all the negative consequences of illegal actions will be explained to them. This mission is usually undertaken by social and psychological services (SPS), school inspectors, teachers and parents.

The work of the Union of Right Forces is usually carried out in two directions:

• General preventive work. The inspector gathers a wide audience of minor listeners in order to explain to them the basic laws of law and moral norms;
• Individual work. It takes the form of a conversation with individual minors about theft. This measure becomes especially relevant in the case where the child has already committed a criminal act and needs to be brought to reason.
• In addition, convicted teenagers can be sent for re-education to special training centers, where issues of morality and law are given special attention.

Parents should not remain idle either. Timely conversations can prevent the child from committing illegal actions. As practice shows, most often crimes are committed by children who receive little attention in the family, or by those who feel their impunity.

To prevent a teenager from committing a crime, you should make sure that he has something to do. Very often, committing minor thefts (thefts) by minors is perceived by them as fun, as a way to while away their free time.

Thus, everyone around the child is responsible for the formation of a healthy personality: teachers, educators and, of course, parents. The higher the cultural level of children, the less often they commit illegal actions.

The following video talks about other ways to prevent theft among minors:

If committed in complicity with a person under 18 years of age

Teenagers often commit theft in the company of someone else in order to simplify the process of confiscating property. There are also situations when minors are involved in committing theft, because they do not understand what responsibility may arise for their actions.

Let's consider the qualifications in each specific case:

• Let's imagine that A. and B., who were 14 years old, agreed in advance to wait until their neighbor G. fell asleep and stole his laptop.

In this situation, it is obvious that A. and B. will be subject to criminal liability for theft committed by a group of persons by prior conspiracy, since at the time of the commission of the crime they had reached the age of criminal responsibility.

In the absence of other qualifying features, their actions fall under paragraph “a” of Part 2 of Art. 158 of the Criminal Code of the Russian Federation.

• However, how will the actions of the same persons be qualified in the same situation, if A. was 13 years old at the time of the theft, and B. was 14 years old?

In theory, joint actions of two or more persons can be considered as complicity only if, at the time of committing an intentional crime, they have reached the age of criminal responsibility.

That is, from the point of view of the theory, the actions of A. and B. cannot be considered as theft committed by a group of persons.

Reference.

In 2010, clarifications were excluded from PPVS No. 29, according to which the qualifying characteristics “group of persons by prior conspiracy” (clause “a” part 2) and “organized group” (clause “a” part 4) could only be applied in the event that two or more performers acted (clause 12 of the PPVS).

By the perpetrator of the theft, the Supreme Court understood persons subject to criminal liability, that is, those who have reached the age of 14. Due to the fact that the relevant provisions were excluded from the PPVS, judicial practice on this issue is ambiguous (see the section “Judicial practice” Example No. 2 and 3).

• Mediocre execution should be distinguished from group theft, when the perpetrator does not carry out the objective side of the theft on his own, but uses a minor to do it.

Let's give an example: 16-year-old A. persuaded 12-year-old B. to secretly steal V.'s mobile phone. At the same time, A. was in a different place during the theft, that is, he did not carry out the objective side of the crime.

In this situation, A. used B. to commit theft, so he is a mediocre performer (Part 2 of Article 33 of the Criminal Code of the Russian Federation). The qualification of A.’s actions will be under Part 1 of Art. 158 of the Criminal Code of the Russian Federation in the absence of other qualifying features.

• Let's imagine that A. was 18 years old at the time of the theft. For committing a crime, he promised B. half the value of the stolen goods, to which B. agreed.

In this situation, A. should be held criminally liable not only for theft, but also for involving minor B. in committing theft under Art. 150 of the Criminal Code of the Russian Federation.

Recommended reading:

Commentary of the Supreme Court PP to Art. 158 of the Criminal Code of the Russian Federation (Theft)

Dimensions of theft

Complicity in committing theft

How are minors recruited?

The general age of majority for the purposes of criminal prosecution has significant features. According to the rules of the Civil Code of the Russian Federation, adulthood occurs only upon reaching the age of 18, unless a different age is applied to a particular citizen by a special administrative act of local authorities.

The Criminal Code of the Russian Federation contains other rules regarding minors that allow for the possibility of being held accountable, taking into account the following circumstances:

1. the general age at which minors face criminal sanctions is 16 years;
2. for certain crimes this age is even lower - 14 years;
3. minor citizens can avoid liability under the Criminal Code of the Russian Federation, but they may be placed in special educational and correctional institutions.

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Thus, in the norms of criminal law one can constantly find a gradation of citizens according to age criteria. Theft is regulated by Art. 158 of the Criminal Code of the Russian Federation. This article does not directly indicate the age composition of the offender, therefore, to consider such cases with minors, it is necessary to refer to the general norms of the Criminal Code of the Russian Federation. For the secret theft of property, a minor citizen faces criminal liability if he was 14 years old at the time of the unlawful act. Persons under this age are not subject to criminal prosecution,

Reasons for theft by minors

Statistics show that the bulk of crimes among minors occur at the age of 16-17 years.
Thefts occur under various circumstances. At the same time, the families of guilty children and adolescents do not always experience financial difficulties. The most common type of theft among children of this age is theft of inexpensive goods in a store. Typically, teenagers view such activities as entertainment, an opportunity to experience thrills. Some also want to impress their peers by proving their courage and agility.

Many teenagers commit thefts for profit, taking phones, money and other valuables from other people's pockets and bags.

As a rule, such actions indicate a lack of attention towards the child in the family and a violation of emotional balance.

Sometimes regular thefts with a low degree of responsibility lead to the formation of teenage criminal groups.

According to psychologists who study the problem, the causes of childhood crime always lie in family relationships. Usually the main factor is the rash behavior of the child’s parents.

Such behavior can be understood as a refusal of the necessary attention and care, or excessive control, increased demands. The lack of strong family relationships, lack of warmth and attention lead to a feeling of loneliness.

Trying to gain a sense of security, teenagers try to unite with peers or join an already existing group.

More than 50% of all property thefts involving teenagers were not committed alone, but in groups with varying numbers of participants.

What illegal acts do young citizens participate in?

Children often take part in the following illegal activities:

• taking goods out of the store without paying at the checkout;
• appropriation of someone else's phone;
• vehicle theft.

Most often, such actions are committed by children in the store. Recently, it has become fashionable to commit theft not for profit, but in order to post the result of one’s actions on a social network. Children follow the example of accomplished criminals. Succumbing to the temptation of easy fame, they do not think about the fact that they could be detained. Such an offense is the deliberate misappropriation of inventory items. If the amount of stolen goods is insignificant, the offender will not be sent to a colony, but one of the measures prescribed in the Criminal Code will be applied to him. If the amount of damage is significant, measures may be taken in the form of imprisonment in a correctional colony for teenagers.

Another common offense is theft of a mobile phone.

Often such a violation is committed unintentionally:

1. Some people leave their cell phones in the locker room or in common areas.
2. The schoolboy finds him, but does not hand him over for duty, but keeps him for himself.
3. The person who has lost the phone files a statement of loss to the police.
4. As a result of this, the one who found the thing becomes guilty of appropriating someone else's property.

Providing evidence that the phone was found and not stolen will be a difficult task. Investigative jurisdiction in this case ensures all stages of the inquiry, including the possibility of conducting an investigative experiment on the spot. If guilt is proven, a fine and registration with the police may be applied. In the case of petty theft, referred to in Article 7.27 of the Code of Administrative Offenses of the Russian Federation (up to 1000 rubles), this entails compensation for damage in the amount of five times the value of the property. In case of deliberate theft of a cell phone from a clothing pocket, more stringent measures are applied. In these circumstances, there is a high probability of receiving a serious sentence - up to 5 years. In case of seizure of a mobile phone, increased penalties are also provided for the offender. The circumstances under which the phone was stolen and the degree of guilt of the defendant are taken into account.

Stealing a bicycle falls under the article of theft and is a criminal offense. How you will have to answer for this crime if guilty depends on various factors. Such a criminal act can be equated to theft and robbery if the victim is threatened or harmed. Teenagers are often involved in such illegal acts. In this case, theft committed by a minor will be punished in accordance with the theft article. From the age of 16, this crime entails liability in the form of the measures provided for therein. The most severe of the measures involves imprisonment for the perpetrator of the crime. The degree of punishment for this offense is determined by the cost of the bicycle and other circumstances (whether there was a preliminary conspiracy by a group of people, under what circumstances it was decided to steal someone else’s property).

Many offenses are committed with the goal of standing out among their peers. But imaginary impunity leads to sad consequences.

Theft by children

The phenomenon of secret theft of property is quite common. In some cases, even children commit crimes of this kind. If the theft was committed by a child, then criminal liability is imposed on him only if he reaches the age of fourteen. It may also be that the crime relates simultaneously to two types of offenses, responsibility for one of which is imposed from the age of 14, and for the other from the age of 16. In such situations, a legislative act with a general basis is chosen.

For example, consider a case where a child stole an item of historical value. Then the teenager will be held liable under Article 158 of the Criminal Code, which deals with issues of theft. And the theft of items of particular value is covered by Article 164 of the Criminal Code, which is also valid in this case.

Minor individuals are not held accountable. However, if the child is 11 years old, he can be placed in an educational institution intended for educational work.

What punishments await the child?

Individuals under the age of eighteen can not only commit theft, but also cause moderate or severe harm to the victim. When considering cases of this kind, the judge analyzes all the causes and consequences of this offense, but no punishment is applied to the minor offender. A child who has committed theft is simply registered.

As for criminals who are already 18 years old, they can be arrested for a period of four to six months, and also be subject to correctional labor for a couple of years. In addition, imprisonment in a maximum security colony for a four-year period is also possible.

A thief who has no criminal record will be forced to work in correctional labor, and a criminal with a criminal record will be put behind bars. This fact is evidenced by Legislative Act 76 of the Criminal Code. It may also be that the theft was carried out by a criminal group that included children.

In such cases, adult individuals will be placed in a maximum security colony for a period of two to seven years. Also, according to the second paragraph of the article, numbered 161, the convicted person faces payment of a fine in the amount of his monthly salary or withholding in the amount of ten thousand rubles.

I would like to draw your attention to the fact that if the victim was slightly harmed as a result of the crime, and the child was involved in dirty deeds of this kind for the first time, then the court will pardon him.

However, if the consequences of the offense were still quite serious, then even minor individuals face liability. The following sanctions may be applied:

• Placement in a colony. If a robbery committed by a child was accompanied by severe harm to the victim, then he will not go unpunished. Even experienced lawyers cannot help cancel the imposition of liability. A juvenile offender faces imprisonment in a colony. The maximum period of stay in a colony is six years. This installation was approved using Article 88 of the Criminal Code. In addition, parents will need to pay off a fine imposed for a robbery that was committed by their daughter/son under the age of sixteen.
• Deprivation of liberty. Also, children who are already sixteen years old may be deprived of their freedom. This form of punishment is imposed in the case of robberies committed by criminal groups, which include a child. Also, imprisonment is threatened in situations where a child stole on his own, but the amount of theft he committed exceeded one million rubles. A minor individual will have to say goodbye to freedom for three whole years, since offenses of this nature are classified as especially serious crimes.

What threatens a thief under 14 years of age?

Child crime is growing more and more every day. Sometimes it comes to the point that even minor individuals (under the age of fourteen) begin to steal. If, for example, even a small child stole jewelry, a mobile phone or any other expensive item, then an act of this nature is considered a serious crime.

In such cases, a fairly large fine is imposed on his parents. If a child who turns out to be a criminal is being raised by grandparents, guardians or other individuals who are his official representatives, then this deduction will be assigned to them. The amount of the fine varies from one hundred thousand to five hundred thousand rubles.

Please note that the specific amount of the penalty deduction is established based on the consequences caused to the victim as a result of the crime. If the scale of the crime is small, then the fine is minimal.

It may also be that such a crime was committed by an adult who cannot pay the fine due to low income. In such cases, according to the third paragraph of 158 of the legislative act of the Criminal Code, the individual will be sent to a colony for a temporary period lasting 2-4 years. In addition, you will still need to pay a fine, but for a smaller amount, the amount of which is 80,000 rubles.

For a minor individual, parents will need to pay a fine of the same amount, but if they lack material resources, they will not be able to deprive them of their liberty. As for the youngest offender, he must be registered in a colony specializing in criminal cases committed by minors.

Many individuals are interested in the question of what threatens juvenile criminals who steal from supermarkets. As a rule, thefts of this kind are petty. If the value of the stolen object does not exceed one thousand rubles, then this is theft on a small scale. In such cases, administrative penalties are imposed.

Crime prevention among children and adolescents

Children often commit petty thefts out of mischief, not understanding the illegality of such an act. Responsibilities for communicating the principles and norms of criminal law to adolescents within the framework of current legislation are divided between:

• parents;
• teachers and officials of educational institutions;
• socio-psychological services (SPS).

The activities of official bodies are structured as follows:

1. SPS specialists conduct: mass educational events, the purpose of which is to popularize legal knowledge;
2. individual interviews with adolescents with deviant behavior.

Hint: in pedagogical science, the best way to prevent crime is the creation of warm and trusting relationships in the family. And this is only possible when parents pay enough attention to their offspring.

Features of the crime

According to the Criminal Code of the Russian Federation, persons who have reached the age of 16 at the time of committing the crime are subject to punishment. Some types of violations of the law, regarded as medium, grave and especially grave, which include theft, are punishable from the age of 14.

Children over 11 years of age can be sent to special closed institutions, where they will undergo educational work, the purpose of which is re-education and prevention of illegal activities.

Note!

Responsibility depends not only on age, but also on the type of theft: without aggravating circumstances, with penetration into a building or home, by a group of persons, on a significant, large or especially large scale.

Main conclusions

• Child theft is a criminal offense only if the individual who committed this offense is already 14 years old.
• Thieves who are already 11 years old are given educational talks in special institutions.
• If the theft is a serious crime, the guilty individual may be placed in a colony and even imprisoned.
• If a juvenile offender is not yet 14 years old, then his parents are subject to a fine of 100 to 500 thousand rubles.
• Minor thefts are subject to administrative liability.