Completed crime - what does it mean?
The attacker does not always manage to complete his actions. Sometimes the criminal is detained before he can steal something, sometimes he stops voluntarily. In the second case, the person can be completely released from punishment.
Note!
When they talk about an unfinished crime, we are talking about the fact that the attacker did not abandon his intentions and sought to fully achieve his goals, but was unable to do this due to circumstances beyond his control. Often such a circumstance is detention by the police or security, or the sudden appearance of witnesses.
The difference in the severity of punishments for completed and unfinished acts is significant. The police, investigators and even the court do not always correctly classify the actions of citizens, so we recommend involving a lawyer in the case.
Any crime leads to dangerous consequences for society. They may be different. The goal of the attacker is to cause a socially dangerous consequence of his criminal act. In jurisprudence, it is considered that the crime is over at the moment when this consequence occurs.
Punishment for group theft
Punishment for criminals who agreed to commit theft and carried it out is assigned under the second part of Article 158 of the Criminal Code.
Its text lists various punishments. One of them applies. In this case, the court relies on the level of social danger of the convicted, the degree of participation of each in breaking the law. The maximum penalty is imprisonment for a period of up to five years . Along with this type of punishment, the court may restrict the offender’s freedom for up to one year. In addition, the paragraph includes the following enforcement measures:
- penalties in the amount of: up to 200.0 thousand rubles ;
- the income of the convicted person for one and a half years (maximum);
- mandatory - 480 hours ;
Hint: if the theft was accompanied by another type of illegal act, then the punishment is assigned based on the totality of guilt.
Objective signs of a crime under Article 158 of the Criminal Code of the Russian Federation “Theft”
Art. 158 of the Criminal Code of the Russian Federation defines theft as the secret theft of property. The minimum punishment for it is a fine of up to 80 thousand rubles. The maximum penalty is 10 years in prison plus a fine of 1 million rubles.
Theft is the gratuitous seizure or use of someone else's property for personal gain. Both the seizure and the use must be carried out in an illegal manner. The Criminal Code of the Russian Federation contains several articles for various types of theft. All of them, except robbery, are material, that is, a socially dangerous consequence and the goal of the criminal is to seize material assets that do not belong to him - property or money. Robbery is an attack with the aim of taking possession of the same funds. Therefore, the crime is complete when the attack is committed.
Theft is secret theft. According to the practice of applying legislation and clarifications of the Supreme Court of Russia, this crime is committed either in the absence of the owner of the stolen valuables, or in his presence, but in such a way that he does not know about it. If the thing is stolen openly, liability arises under Art. 161 of the Criminal Code of the Russian Federation, which provides for more severe penalties. This crime is called robbery.
Methodology for investigating thefts committed by a group of persons
The starting signal for the start of police work is a report of a crime committed . Any person can submit one to law enforcement:
- victim;
- witness;
- executive;
- representative of a public organization.
An operational investigation team (OSG) is sent to the scene of the incident. Its composition is formed by the head of the police department. As a rule, this includes:
- investigator;
- operational unit employees;
- dog inspector with a dog;
- criminologist
The investigator and operatives are interviewing witnesses. Their task is to compile a complete picture of what happened. In addition, if necessary, the investigator may decide to seize (request) the materials necessary for disclosure:
- results of recording by CCTV cameras at the scene of the incident;
- material carriers of traces of a crime.
A dog handler is necessary for the rapid search for escaped suspects. The dog helps to determine the direction in which the criminals fled and to find them without delay. A criminologist collects evidence of a violation of the law.
Hint: the composition of the OSG is determined on the basis of primary information (statement of the victim or witness). This document must be drawn up in detail and objectively. Then it will be easier for the police to find the villain in the shortest possible time.
When is theft considered a completed crime?
The crime is considered completed when dangerous consequences occur. It may seem that the theft is complete at the moment the valuables are removed, but this is not so. Having read the definition of theft to the end, you can understand that the purpose of theft is not the removal of valuables, but their conversion in favor of the criminal or third parties.
That is, the goal of the act is achieved not at the moment of seizure of material assets, but when the criminal can freely dispose of them or has already disposed of them at his own discretion. It is at this moment that the theft is complete.
Completed theft
Due to the emergence in Russia of a large number of shopping centers, supermarkets and other retail facilities in which goods are freely available to visitors, thefts at such retail outlets occur frequently. Just as often, the question arises as to whether the theft is complete if the goods were seized, but the criminal was detained at the exit by security. Using the example of such a theft, we will explain when it is complete.
Let's say a criminal decides to steal a chocolate bar. If he put it in his pocket and went to the exit, planning to eat it on the street, but was detained by security, the crime is not over. If the attacker ate a chocolate bar right on the sales floor and was then detained by security, then the act is completed, since he disposed of the object of the theft.
The minimum amount of damage to initiate a criminal case in 2017 is 2.5 thousand rubles. For minor thefts, including food, liability will most likely be administrative.
The possible amount of punishment depends on whether the crime of which you or your loved ones are accused is declared completed or not. Not everyone can protect their rights on their own. Contact a lawyer immediately after filing charges. An initial consultation with lawyers can be obtained online. You can ask any questions you are interested in using the form on the website or by calling the numbers provided. A specialist will examine the charges against you, correctly classify the crime and monitor the progress of the investigation.
Theft. Qualifying features. Difference from robbery
Theft is the secret theft of someone else's property. The essence of theft is the unlawful, gratuitous seizure of someone else's property, its conversion in favor of the perpetrator, as well as other persons. These actions are committed only for mercenary purposes and are liable to cause material damage to the owner or possessor of the property.
The object of theft is legal relations belonging to the category of “property”. The objective side of theft as a form of theft is the secret illegal seizure of property in the absence of its owner or owner, as well as strangers, if such seizure was committed in their presence, but unnoticed by them. If outsiders saw that a theft was being committed, but the culprit, based on an analysis of the surrounding situation, believed that he was acting secretly, the act was also a secret theft of someone else’s property.
As a general rule , the theft is considered completed if the property is confiscated and the perpetrator has a real opportunity to use it, dispose of it at his own discretion, for example, turn the stolen property to his own benefit or to the benefit of other persons, or otherwise dispose of it for personal gain.
The subject of the theft can be any sane individual who has reached the age of 14. The subjective side of theft is characterized by the presence of direct, usually specific, intent and selfish purpose.
Theft of someone else's property through theft, fraud, misappropriation or embezzlement is considered petty if the value of the stolen property does not exceed 1000 rubles. (note to Article 7.27 of the Administrative Code). Theft of someone else's property in the amount of less than 1000 rubles. if there are signs of crimes provided for in Parts 2 - 4 of Article 158, Parts 2 and 3 of Art. 159, part 2 and 3 art. 160 of the Criminal Code, entails not administrative, but criminal liability (Article 7.27 of the Administrative Code).
Qualified types of theft are regulated by Part 2 - 4 158 Articles.
According to Part 2, these are theft committed by a group of persons by prior conspiracy; with illegal entry into the premises or other storage; causing significant damage to a citizen; from clothes, bags or other carry-on luggage.
Theft committed by a group of persons by prior conspiracy is an act committed by two or more persons who have agreed in advance to jointly commit a crime. When qualifying the actions of the perpetrators as secret theft of someone else's property by a group of persons by prior conspiracy, it is necessary to find out whether such a conspiracy of accomplices took place even before the start of actions directly aimed at stealing someone else's property.
It is also necessary to check: whether there was an agreement on the distribution of roles in order to carry out the criminal intent, what specific actions were committed by each perpetrator and other accomplices of the crime. Responsibility for theft committed by a group of persons by prior conspiracy also occurs in cases where, according to a preliminary agreement between the accomplices, the direct seizure of property is carried out by one of them, if the other participants, in accordance with the distribution of roles, performed concerted actions in the form of direct assistance to the perpetrator.
Theft with illegal entry into a premises or other storage facility. Unlawful entry into a premises or other storage facility means unlawful secret or open entry committed for the purpose of committing theft. Penetration into buildings or structures is also carried out when the perpetrator removes stolen objects without entering the corresponding premises.
Premises - buildings and structures intended for the temporary residence of people and the placement of material assets (warehouses, workshops, farms).
Storage facilities are various structures (tanks, barrels, containers), as well as specially designated areas of the territory intended for storing material assets. The fact of illegal entry into a home, premises or storage facility is evidenced by the moment the intent to seize someone else’s property arises. If a person entered legally and the intent to steal arose after the entry, then there is no sign of theft by penetration in his actions.
Theft causing significant damage to a citizen . The significance of the damage caused by theft to a citizen is evidenced by the importance and significance of the consequences of the crime both for the victim himself and for his family. To justify the presence of this qualifying feature (clause “c” of Part 2 158 of the article), it is necessary to analyze the property status of the victim, the real value of the stolen property, its significance for the victim, the size and frequency of his income (wages, pensions), whether he has dependents, the total income of family members with whom he runs a joint household, etc.
the victim must have suffered material damage, which cannot be less than 2,500 rubles. If the damage caused as a result of the theft does not exceed the specified amount or the damage did not occur due to circumstances beyond the control of the perpetrator, the act may be classified as attempted theft causing significant damage to a citizen, provided that the intent of the perpetrator was aimed at stealing property in a significant amount .
Theft from clothes, bags and other carry-on luggage that were with the victim . In this case we are talking exclusively about “pickpocketing”, i.e. about thefts from pockets, bags, briefcases, suitcases, as well as these bags, briefcases, suitcases themselves. The secret theft of luggage handed over to a transport organization, as well as individual items from the luggage, should be classified as theft from storage.
Particularly qualified types of theft (Part 3,158 of the article) are secret theft: with illegal entry into a home; from an oil pipeline, oil product pipeline, gas pipeline; on a large scale.
Home burglary . Unlawful entry into a home is defined as an unlawful secret or open entry committed for the purpose of committing theft. Penetration into a dwelling is also carried out when the culprit removes stolen items without entering the interior of the dwelling.
Dwelling - an individual residential building, with residential and non-residential premises included in it, any other residential premises included in the housing stock and suitable for permanent or temporary residence (individual apartments, rooms in communal apartments and dormitories, rooms in hotels and campsites), and or any other room or structure intended for temporary residence (caravans, tents, huts, dugouts). The fact of illegal entry into a home is evidenced by the moment the intent to seize someone else’s property arises.
Theft from an oil pipeline, oil product pipeline, or gas pipeline is a particularly qualified type of theft from a storage facility.
The objective side of this crime is the unauthorized withdrawal of oil, petroleum products and gas from pipelines.
Grand theft . According to paragraph 4 of the note. Article 158 recognizes the secret theft of someone else's property in an amount exceeding 250 thousand rubles. Theft on a large scale is qualified as multiple thefts of someone else's property, the total value of which exceeds 250 thousand rubles, if these thefts were committed in one way and under circumstances indicating an intent to commit theft on a large or especially large scale.
Theft by an organized group . The crime is qualified under paragraph “a” of Part 4 of Article 158 only if the theft is committed by a stable group of persons who have united in advance to commit one or more crimes (Part 3 of Article 35 of the Criminal Code). Such a group is characterized by stability, the presence in its composition of an organizer (leader) and a pre-developed plan for joint criminal activity, the distribution of functions between group members in preparation for committing a crime and the implementation of criminal intent.
Grand theft . According to paragraph 4 of the note. Article 158 recognizes the secret theft of someone else's property in an amount exceeding 1 million rubles. The theft of someone else's property, the total value of which exceeds 1 million rubles, is qualified as theft on an especially large scale, if these thefts were committed in one way and under circumstances indicating an intent to commit theft on a large or especially large scale.
If, in the course of committing theft, the actions of the culprit are discovered by the owner, another owner of the property or other persons, but the culprit, realizing this, continues to commit illegal seizure of property or retains it, the act is qualified as robbery, and in the case of the use of violence dangerous to life or health, or threats of such violence are like robbery.
The actions of the culprit do not develop into robbery if, while hiding, he is, for objective reasons, unable to get rid of the stolen property. For example, a person secretly stole clothes by wearing stolen items. At this point, the culprit is discovered by the owner. Hiding from the latter, the kidnapper, abandoning part of the stolen property as he walked, ran away, taking with him those items of clothing that he could not quickly take off.
The difference between theft and robbery: theft is the secret theft, and robbery is the open theft of someone else's property. Open theft of someone else's property is the theft that is committed in the presence of the owner or other owner of the property or in full view of strangers, when the person committing this crime is aware that those present understand the illegal nature of his actions, regardless of whether they took measures to suppress these actions or not.
Theft is the secret theft of someone else's property. The essence of theft is the unlawful, gratuitous seizure of someone else's property, its conversion in favor of the perpetrator, as well as other persons. These actions are committed only for mercenary purposes and are liable to cause material damage to the owner or possessor of the property.
The object of theft is legal relations belonging to the category of “property”. The objective side of theft as a form of theft is the secret illegal seizure of property in the absence of its owner or owner, as well as strangers, if such seizure was committed in their presence, but unnoticed by them. If outsiders saw that a theft was being committed, but the culprit, based on an analysis of the surrounding situation, believed that he was acting secretly, the act was also a secret theft of someone else’s property.
As a general rule , the theft is considered completed if the property is confiscated and the perpetrator has a real opportunity to use it, dispose of it at his own discretion, for example, turn the stolen property to his own benefit or to the benefit of other persons, or otherwise dispose of it for personal gain.
The subject of the theft can be any sane individual who has reached the age of 14. The subjective side of theft is characterized by the presence of direct, usually specific, intent and selfish purpose.
Theft of someone else's property through theft, fraud, misappropriation or embezzlement is considered petty if the value of the stolen property does not exceed 1000 rubles. (note to Article 7.27 of the Administrative Code). Theft of someone else's property in the amount of less than 1000 rubles. if there are signs of crimes provided for in Parts 2 - 4 of Article 158, Parts 2 and 3 of Art. 159, part 2 and 3 art. 160 of the Criminal Code, entails not administrative, but criminal liability (Article 7.27 of the Administrative Code).
Qualified types of theft are regulated by Part 2 - 4 158 Articles.
According to Part 2, these are theft committed by a group of persons by prior conspiracy; with illegal entry into the premises or other storage; causing significant damage to a citizen; from clothes, bags or other carry-on luggage.
Theft committed by a group of persons by prior conspiracy is an act committed by two or more persons who have agreed in advance to jointly commit a crime. When qualifying the actions of the perpetrators as secret theft of someone else's property by a group of persons by prior conspiracy, it is necessary to find out whether such a conspiracy of accomplices took place even before the start of actions directly aimed at stealing someone else's property.
It is also necessary to check: whether there was an agreement on the distribution of roles in order to carry out the criminal intent, what specific actions were committed by each perpetrator and other accomplices of the crime. Responsibility for theft committed by a group of persons by prior conspiracy also occurs in cases where, according to a preliminary agreement between the accomplices, the direct seizure of property is carried out by one of them, if the other participants, in accordance with the distribution of roles, performed concerted actions in the form of direct assistance to the perpetrator.
Theft with illegal entry into a premises or other storage facility. Unlawful entry into a premises or other storage facility means unlawful secret or open entry committed for the purpose of committing theft. Penetration into buildings or structures is also carried out when the perpetrator removes stolen objects without entering the corresponding premises.
Premises - buildings and structures intended for the temporary residence of people and the placement of material assets (warehouses, workshops, farms).
Storage facilities are various structures (tanks, barrels, containers), as well as specially designated areas of the territory intended for storing material assets. The fact of illegal entry into a home, premises or storage facility is evidenced by the moment the intent to seize someone else’s property arises. If a person entered legally and the intent to steal arose after the entry, then there is no sign of theft by penetration in his actions.
Theft causing significant damage to a citizen . The significance of the damage caused by theft to a citizen is evidenced by the importance and significance of the consequences of the crime both for the victim himself and for his family. To justify the presence of this qualifying feature (clause “c” of Part 2 158 of the article), it is necessary to analyze the property status of the victim, the real value of the stolen property, its significance for the victim, the size and frequency of his income (wages, pensions), whether he has dependents, the total income of family members with whom he runs a joint household, etc.
the victim must have suffered material damage, which cannot be less than 2,500 rubles. If the damage caused as a result of the theft does not exceed the specified amount or the damage did not occur due to circumstances beyond the control of the perpetrator, the act may be classified as attempted theft causing significant damage to a citizen, provided that the intent of the perpetrator was aimed at stealing property in a significant amount .
Theft from clothes, bags and other carry-on luggage that were with the victim . In this case we are talking exclusively about “pickpocketing”, i.e. about thefts from pockets, bags, briefcases, suitcases, as well as these bags, briefcases, suitcases themselves. The secret theft of luggage handed over to a transport organization, as well as individual items from the luggage, should be classified as theft from storage.
Particularly qualified types of theft (Part 3,158 of the article) are secret theft: with illegal entry into a home; from an oil pipeline, oil product pipeline, gas pipeline; on a large scale.
Home burglary . Unlawful entry into a home is defined as an unlawful secret or open entry committed for the purpose of committing theft. Penetration into a dwelling is also carried out when the culprit removes stolen items without entering the interior of the dwelling.
Dwelling - an individual residential building, with residential and non-residential premises included in it, any other residential premises included in the housing stock and suitable for permanent or temporary residence (individual apartments, rooms in communal apartments and dormitories, rooms in hotels and campsites), and or any other room or structure intended for temporary residence (caravans, tents, huts, dugouts). The fact of illegal entry into a home is evidenced by the moment the intent to seize someone else’s property arises.
Theft from an oil pipeline, oil product pipeline, or gas pipeline is a particularly qualified type of theft from a storage facility.
The objective side of this crime is the unauthorized withdrawal of oil, petroleum products and gas from pipelines.
Grand theft . According to paragraph 4 of the note. Article 158 recognizes the secret theft of someone else's property in an amount exceeding 250 thousand rubles. Theft on a large scale is qualified as multiple thefts of someone else's property, the total value of which exceeds 250 thousand rubles, if these thefts were committed in one way and under circumstances indicating an intent to commit theft on a large or especially large scale.
Theft by an organized group . The crime is qualified under paragraph “a” of Part 4 of Article 158 only if the theft is committed by a stable group of persons who have united in advance to commit one or more crimes (Part 3 of Article 35 of the Criminal Code). Such a group is characterized by stability, the presence in its composition of an organizer (leader) and a pre-developed plan for joint criminal activity, the distribution of functions between group members in preparation for committing a crime and the implementation of criminal intent.
Grand theft . According to paragraph 4 of the note. Article 158 recognizes the secret theft of someone else's property in an amount exceeding 1 million rubles. The theft of someone else's property, the total value of which exceeds 1 million rubles, is qualified as theft on an especially large scale, if these thefts were committed in one way and under circumstances indicating an intent to commit theft on a large or especially large scale.
If, in the course of committing theft, the actions of the culprit are discovered by the owner, another owner of the property or other persons, but the culprit, realizing this, continues to commit illegal seizure of property or retains it, the act is qualified as robbery, and in the case of the use of violence dangerous to life or health, or threats of such violence are like robbery.
The actions of the culprit do not develop into robbery if, while hiding, he is, for objective reasons, unable to get rid of the stolen property. For example, a person secretly stole clothes by wearing stolen items. At this point, the culprit is discovered by the owner. Hiding from the latter, the kidnapper, abandoning part of the stolen property as he walked, ran away, taking with him those items of clothing that he could not quickly take off.
The difference between theft and robbery: theft is the secret theft, and robbery is the open theft of someone else's property. Open theft of someone else's property is the theft that is committed in the presence of the owner or other owner of the property or in full view of strangers, when the person committing this crime is aware that those present understand the illegal nature of his actions, regardless of whether they took measures to suppress these actions or not.
What to do?
From all of the above, it should be concluded that a person may find himself on one side or another of the law. If you have been robbed, immediately write a statement to the nearest police station and do not be afraid of anything. The criminal who committed a crime against your property must be punished. Yes, and you can only return your property, which is obtained not without difficulty, in this way.
The application should be submitted to the head of the police department, in which the victim provides a detailed list of the stolen property, indicates its value, the circumstances under which the theft occurred, the date and time. Documents for ownership of property must be provided. If there were witnesses to the offense, then they must be included as well. Often, a decision in someone’s favor at a trial depends on the testimony of witnesses.
If you have been accused of theft, you should consult with a criminal lawyer who can prove your innocence or help you get a reduced sentence. To mitigate the sentence, you can also refer to mitigating circumstances, the list of which is contained in Article 61 of the Criminal Code of the Russian Federation.
Without prior agreement
Often the qualification “by prior agreement” is attributed to identify cases in which this assertion is at issue. An example is an incident when two young people, walking along an avenue, see a man walking ahead talking on the phone. He held a package in his other hand, as well as a folder under his arm. One of the guys ran forward without warning and knocked the pedestrian's bag away. Another immediately picked it up, and the attackers disappeared. It is clear that there is no talk of a crime planned in advance here, so the crime can be interpreted as theft without prior conspiracy (the first part of Article 35 of the Criminal Code of the Russian Federation).
Based on Article 35 of the Criminal Code of the Russian Federation, an unlawful act is defined as committed by a group of persons by prior agreement, if several people participated in it, having previously agreed on the common commission of a crime. Using this formulation in relation to thefts, the agreement to carry out an illegal act must have taken place before the crime began, or at least the day before.
For example, several men in a state of alcoholic intoxication, noticing that the store was not guarded at night, decided to rob it, however, during an attempt to break open the doors in order to get inside the premises, the unlucky thieves were arrested by a police patrol. This act should be identified as an attempted theft committed by a group of persons by prior conspiracy.
Considering how the law explains theft committed by a group of persons by prior conspiracy, co-execution takes place here. This means that all participants are forced to assist in the crime. In addition, there is a division of responsibilities in the case being prepared. Let's say one of the performers breaks the door lock in the room, another searches the room and takes out valuable property, the third watches the stairwell on the floor, and so on. If we talk about complicity with the division of subtypes of accomplices (perpetrator, gunner, accomplice), then there will be no group of persons within the meaning of the second part of Article 158 of the Criminal Code.
