The difference between theft and theft
Theft is the unlawful taking of a vehicle. Is this crime an administrative offense? Yes, if the purpose of this violation is not theft. The qualification of this crime is intended to be regulated by Article 166 of the Criminal Code of the Russian Federation.
Car theft is the secret theft of someone else's vehicle for personal gain, against oneself or other persons. This is a criminal offense and liability will have to be borne in accordance with Article 158 of the Criminal Code of the Russian Federation.
Thus, the main and fundamental thing in which these concepts should differ is the purpose of the commission. In the first case, the citizen wanted to ride, and in the second, to enrich himself at the expense of someone else. But they are still united by one branch of law; in both cases, criminal liability arises.
The difference between these crimes is significant. In the case when the theft is committed in order to later sell it or disassemble it for parts and make a profit from it, then liability will arise under the article of theft. These acts are united by one object of crime - a vehicle.
Car theft without theft purpose
This crime is recognized as theft in cases where the purpose of stealing a vehicle was not pursued. Sometimes it turns out that the theft occurred not of the vehicle itself, but of the contents in the car. Then the punishment will be for both articles in total, that is, for both 166 and 158.
In addition, when a crime is committed by an organized group and each accomplice is assigned a specific role. For example, one group member’s role was to steal a car and he did not pursue another goal, then he will be punished only for theft, even if the car was later sold on the market. All this needs to be proven in court.
During interrogation, the thief begins to lie that he took the car for a ride and thereby tries to cover up for the rest of the group. Testify and take the blame to cover up the real crime.
Theft of a vehicle without theft purpose
Every crime implies the presence of:
- subject of a criminal act,
- subject
- subjective and objective aspects of the offense.
The subject of this crime is a vehicle. The legislation states that this is a vehicle that can be used to move on land or water:
- cars,
- boats and motor boats,
- motorcycles,
- tractors,
- other vehicles equipped with an internal combustion engine or an engine powered by electricity.
It is worth noting: theft of a bicycle, rowing boat, canoe, horse-drawn cart, or trailer does not fall under the jurisdiction of Art. 166 of the Criminal Code of the Russian Federation.
The subject of the theft is a legally capable citizen, 14 years of age or older.
The objective side of the criminal act is manipulation to illegally take possession of a vehicle and set it in motion. Moreover, if this action is committed by relatives or friends of the owner of the vehicle who have previously used this vehicle, then such an event does not contain the elements of a crime considered by Art. 166 of the Criminal Code.
The subjective side is the presence of thoughts of theft without committing theft of both the vehicle itself and its parts.
The crime is considered committed from the moment the vehicle begins to move, regardless of how it was carried out. The vehicle can move independently (if functional capabilities are available), towed, pushed by hand or transported on another vehicle.
Car theft - what type of liability, article, terms, fines
There is criminal liability for car theft. However, it cannot always be correctly determined. After all, in Part 1 of Art. 158 of the Criminal Code of the Russian Federation only says that the theft must be secret, and the property must belong to others.
According to the Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 27, 2002 No. 29, secret theft should include the actions of a criminal that are associated with the illegal seizure of property in the absence of the owner or in his presence, but in secret from him. Or the victim saw the moment of the theft, but the criminal thought that he was acting secretly.
The punishment provided for theft, including a car, is slightly less than for theft:
- a fine of up to 80 thousand rubles or in the amount of the convicted person’s earnings for up to 6 months (see Article 158 of the Criminal Code);
- up to 360 hours of compulsory work;
- up to 1 year of correctional labor;
- up to 2 years of restriction of freedom or forced labor for the same period;
- up to 4 months of arrest;
- up to 2 years in MLS.
Question answer
Question
My car was stolen by teenagers, one of them was 15 years old, the rest were 13. The car was found the next day in a broken state. Who will be held accountable for the crime and what will happen for car theft by a minor?
Answer: According to Russian legislation, criminal liability for theft begins at the age of 14, so one of the teenagers who is involved in the unlawful taking of your car will be prosecuted under Article 166 of the Criminal Code of the Russian Federation. In this case, taking into account the current judicial practice, the remaining hijackers cannot be held accountable for their actions due to their age. In this case, you can file a claim in court for compensation for damage caused, where all participants can be named as defendants. If the claims are satisfied, the parents will bear civil liability for the children.
Question
When my car was stolen, it contained expensive electronic equipment that I left for literally half an hour, which belonged to the customer. The car was returned an hour later to the same place, but the equipment was missing. How to hold accountable and return property?
Answer: The actions of the criminals who stole your vehicle contain signs of not only theft, but also theft. You need to contact the police with a statement indicating whose equipment was stolen and under what circumstances, its value and purpose. All this information can be provided in one statement where you reported the theft. The perpetrators will be held liable for a combination of crimes: under Article 166 of the Criminal Code of the Russian Federation (for theft) and under Article 158 of the Criminal Code of the Russian Federation (for theft of equipment).
Question
My son's moped was stolen, the police refuse to open a case regarding the theft. What should I do?
Answer: According to the explanations of the Supreme Court of the Russian Federation, a moped (like a bicycle, horse-drawn vehicles, non-motorized boats) is not a vehicle and cannot be the subject of theft within the meaning of Article 166 of the Criminal Code of the Russian Federation. At the same time, since damage was caused by the actions of the persons who took possession of your property, the case must be initiated based on the fact of theft.
Question
My husband is a taxi driver and often works at night. At gunpoint, two passengers ordered him to go to a nearby town, where they got off and did not pay the fare. Under what article will a criminal case be initiated?
Answer: The qualification rules under Article 166 of the Criminal Code of the Russian Federation (theft) imply unlawful taking of a car, that is, against the will of the owner. In your case, criminals, without the consent of the owner and at the same time using him as a driver, took possession of the car using weapons. Their actions will constitute a crime under Part 4 of Art. 166 of the Criminal Code of the Russian Federation, the accused faces up to 12 years in prison.
Links to legislative acts
- Criminal Code of the Russian Federation Article 166. Wrongful seizure of a car or other vehicle without the purpose of theft
- Criminal Code of the Russian Federation Article 158. Theft
- Code of Criminal Procedure of the Russian Federation Article 140. Reasons and grounds for initiating a criminal case
Criminal liability for car theft - term
To begin with, let us again clarify what hijacking is. This crime can be carried out for the purpose of driving, out of revenge, out of hooligan motives. In this case, it is not necessary to drive; it is enough to move the vehicle in any way, which is considered car theft. For example, towing, pushing.
The use of a vehicle by a close relative (husband, wife) or another person who previously had the right to use the vehicle for its intended purpose will not constitute theft. That is, he believed that he could drive this car.
Also, failure to return rental or rental vehicles on time does not qualify as theft. Since the use of a machine within the framework of a contract entails the emergence of civil legal relations between the parties. The police will refuse to initiate a case and will recommend going to court.
For committing theft, you can be punished both in the form of a fine and a real sentence:
- The minimum punishment that can be received under Article 166 of the Criminal Code of the Russian Federation is a fine for theft. Its amount will be up to 100 thousand rubles or the salary of the convicted person for a period of up to 1 year.
- Restriction of freedom up to 3 years;
- Forced labor for up to 5 years;
- Arrest for up to 6 months;
- Imprisonment for up to 5 years.
Only the court has the right to apply punishment. What sentence the court will pronounce depends on the pre-trial investigation and the evidence collected. In addition, if there are aggravating circumstances, the hijacker will face a more severe punishment.
Car theft and damage - nuances
It often happens that after a car is stolen, it is returned to the owner not in the same form in which it was originally. This is due to the fact that this crime is committed in order to ride in a car, often violating traffic rules. When chasing such criminals, accidents occur or the police are forced to use weapons to stop traffic.
It is important that the thief will bear financial responsibility for damage to the car in civil proceedings in accordance with Article 1064 of the Civil Code of the Russian Federation. It does not matter who actually caused the harm.
But in order to recover compensation, it is necessary that the owner of the car be recognized as a victim in a criminal case, and a guilty verdict be passed against the thief. That is, a cause-and-effect relationship between these matters must be traced. In the future, the injured party has the right to file a lawsuit and recover money for the damage caused.
Often, car thieves who have damaged an expensive car try to escape or commit arson to hide traces of their actions. The car is located, but the culprit cannot be found, then the investigator can issue a ruling to suspend the preliminary investigation under Part 1 of Art. 208 of the Criminal Code of the Russian Federation.
Stealing a car and taking a hostage - what kind of responsibility is that?
If the thief took a person hostage along with the car, then in addition to everything he will have to answer under Art. 206 of the Criminal Code of the Russian Federation. This crime is punishable by imprisonment for a term of 5 to 10 years.
If you commit such a crime, you will not be able to get away with a fine. In addition, in aggravating circumstances (for example, the use of violence or weapons, threatening life and health), the punishment will be significantly more severe; you will have to spend from 6 to 15 years in prison with restriction of freedom for 1-2 years.
Moreover, the statute of limitations for criminal prosecution does not apply to this crime. The case cannot be closed, no matter how long it takes to find the criminal if he has disappeared.
Group hijacking
Stealing a vehicle as part of a group of criminals is an aggravating circumstance and, therefore, entails a more severe punishment. How much does the hijacker face?
The possible fine will increase to 200,000 rubles or the prisoner’s salary for 18 months. The alternative is forced labor for up to 5 years, or imprisonment for up to 7 years.
In addition, if particularly large damage is caused, you can go to prison for as long as 10 years. Damage will be determined from the costs that the injured party will incur to restore the car or its actual value at the time of theft.
Stealing a car while drunk or without a license
In general, Article 166 of the Criminal Code does not indicate the aggravating circumstance of intoxication (alcohol or drugs). But Article 63 in part 1.1 leaves at the discretion of the judge the possibility of applying this aggravating circumstance to the defendant.
If a crime was committed while intoxicated, the court has the right to apply it as an aggravating circumstance, taking into account all the evidence presented of the defendant’s guilt. However, the punishment cannot be harsher than the sanctions in Article 166.
What punishment does the culprit without a driving license get for stealing a car? Including someone who has been deprived of a driver’s license by a court decision and is at the same time drunk?
In addition to criminal liability for theft, he will be subject to administrative charges under Part 3 of Art. 12.8 Code of Administrative Offenses of the Russian Federation. Such an offense is punishable by administrative arrest from 10 to 15 days. For persons who cannot be punished by arrest, they have the right to choose punishment in the form of a fine in the amount of 30 thousand rubles.
See the video below for more details.
Responsibility for theft by minors
A minor is a person who was under 18 years of age at the time the offense was committed. A car thief who has reached 14 years of age will be punished.
Responsibility for adolescents is applied in a milder form than for adults. In addition, for criminals under the age of 18, the list of punishments they are likely to incur has been narrowed.
If the defendant is a teenager, he may be fined. However, you don’t have to have your own income to pay it. The fine can be transferred by parents, with their consent. In this case, the upper limit of the fine is 50 thousand rubles or the income of a minor convicted for up to 6 months (Part 2 of Article 88 of the Criminal Code of the Russian Federation).
Such persons may also be subject to a restriction of freedom of up to two years. If the theft was committed for the first time and under the age of 16, then you will not be sent to prison. That is, there is a chance to avoid imprisonment. However, for a subsequent such act this punishment cannot be avoided. Of course, it all depends on the severity of the violation.
Often, the debt to the injured party for the damage caused is compensated by the parents. Minors tend to crash cars because they don't know how to drive.
Attempted hijacking
In accordance with Resolution of the Plenum of the Supreme Court No. 25 of December 6, 2008, taking possession of a car even without the engine running is considered attempted theft. That is, the guilty person planned to go by car, but he was prevented. For example, there was a detention by a traffic police officer.
The attempt in this case is interpreted as an attempt to commit theft, but the crime does not have to be completed. At the same time, the end of the criminal act did not occur because circumstances arose that hampered the criminal.
For example, an attempt includes opening a door lock, breaking a car glass, trying to start the engine, or unlocking an alarm. But at the same time, the car did not have time to move, as the police detained it.
Punishment will be applied under Article 166, but to a much lesser extent than for a completed theft.
Entering a car without stealing it
Breaking into someone else's car is also considered theft or attempted murder. Even if the crime is not over.
The legislator's calculation in such cases is based on the fact that car thefts are committed by a group of persons with prior conspiracy and according to a certain scheme. But if only the thief is caught, then a more severe punishment will be applied to him than for theft.
Sometimes penetration into a car occurs through the indirect fault of the owner himself. The machine must be securely locked and an alarm must be installed. These actions are designed to save the car from penetration.
There is another effective way to prevent hijackers from committing crimes, is to install anti-theft mechanical protection. You can seek the help of an installer, or do it yourself. The installation of this station wagon will be able to protect the car.
License plate theft
The theft of the state registration number of a car can be considered both an administrative offense (Article 19.37 of the Code of Administrative Offences) and a criminal act (Article 325.1 of the Criminal Code). It all depends on the purpose of the theft.
In the first case there should be no signs of a criminal offense. Then you face punishment in the form of a fine of 2-5 thousand rubles or arrest for up to 15 days.
In the second case, the offender has a selfish motive or planned to commit a serious or especially serious crime. The maximum penalty will be one year in prison, and if the crime is committed by a group of criminals, then there is a chance of spending up to four years in prison.
Theft of things in a car, liability
Liability under Article 158 of the Criminal Code of the Russian Federation occurs regardless of the location of the theft. All that matters is that it was done secretly. Thus, the punishment will be the same as for ordinary theft.
Things can be stolen from a car in various ways:
- The easiest way, but it is noisy, is to break out the glass in the car and pull out the objects of interest.
- Use a special pocket device that can scan the secret code and hack the alarm.
- Distract vigilance or lure the driver out and take the bag. It is important to lock it when leaving the car, even for a second.
At the same time, the article provides for aggravating circumstances that the judge will take into account when considering the case. These include illegal entry into premises or other storage. That is, if entry into the car is proven, then the maximum possible sentence can be up to 4 years in prison with a limit of up to 1 year.
For more useful information about liability for car theft without the intent of theft, see the video below.
Punishment for foreigners
If the criminal is a foreign citizen, but committed a theft on the territory of the Russian Federation, then he will be held liable according to the norms of the Russian Criminal Code. However, it is not prohibited to deport foreigners to their homeland in order for the criminals to be punished there.
Theft of a company car due to the fault of an employee
Let's imagine that a company car was stolen when an employee left it in a parking lot near his home after finishing work. In this case, in order to admit the employee’s guilt, it is necessary to conduct an investigation and prove it.
If the criminal is not found and the car is on the wanted list, the employer has the right to try to recover damages from his employee. The following will be considered evidence of guilt:
- An order from the employer to assign the missing car to this particular subordinate. The driver must be familiar with this documentation.
- The employment contract and job description stipulate that the employee carries out his work functions using official transport, as well as the obligation to return it to the official garage or hand it over to a guarded parking lot. So if there is no such obligation, then it is more difficult to prove guilt.
- If an employee delivers a car to a parking lot or garage, there must be a mark in the vehicle acceptance log and, accordingly, the signature of the employee himself.
It will not be considered hijacking if your employee deviates from the work route and decides to taxi. In this case, there is a violation of labor discipline.
The key to peace of mind for the employer is to install a GPS tracker in the car, then it will be easy to track using a satellite system.
Damage for theft of a company car and its compensation
In order to recover damages from an employee for stealing a company car, his guilt must be proven. That is, it is important to establish precisely that it was incorrect actions contrary to the employee’s work duties that led to the theft of the vehicle.
But it is important to understand that despite the evidence presented, the court may refuse to satisfy such demands.
Then it is possible to apply disciplinary action to the driver within the framework of labor legislation.
Everything is much simpler if the company vehicle is the property of the organization and is insured. Insurance can save the situation and, within the framework of the policy, compensate for the damage caused.
Theft or theft?
Often the line between theft and theft is so clear that it is difficult to determine the correct qualification. The difference between theft and theft:
Target
- Theft - the purpose of taking possession (without theft) of a car is temporary. That is, without plans to sell, dismantle the car, or turn it into your own property.
- Theft. No one has any misunderstanding with this concept. At the same time, the intent may initially arise to take possession of the vehicle, and then the criminals change their minds. At first it is regarded as theft, then as theft.
For example, an attacker steals a car in order to drive it, but two days later he changes the VIN number, after which he tries to sell the car. In this case, a selfish motive is convincingly traced. Because planning actions ultimately leads to the hijacker's profit, which is regarded as theft.
Threats, violence
- theft may be carried out using violence or threats;
- whereas theft is always a secret seizure, so violence is excluded.
Is the crime planned?
- Hijackings are rarely carefully planned. More often than not, this is a spontaneous crime. When you want to take a ride, feel like driving a prestigious car. In some cases, an accompanying motive for taking possession of a car is hooliganism, self-indulgence (especially among minors), or an argument.
For example, two technical school students argued whether one of them could start someone else’s car without keys and drive it around the house. It would seem that ridiculous behavior does not entail any significant negative consequences. But the law regards the actions of the person who took possession of the car as theft.
- When committing a theft, the actions to steal the vehicle are carefully thought out in advance.
Even a small movement is considered theft
Responsibility for theft begins after the car has moved a few meters.
For example, two people were planning to steal a car in order to drive it to a neighboring village. The car started, but after 100 meters it stalled due to a malfunction that the criminals did not know about. In this case, it will be difficult to prove the theft, but they will have to answer before the law for the theft.
In case of theft, the theft of some spare parts is regarded as theft
Taking possession of a car for the purpose of appropriating even part of it (wheels, for example) is regarded as theft. Also, theft will be considered the actions of the perpetrators in demanding a ransom for the return of the car.
How to find out if your car has been towed or stolen
There is no need to rush to report the theft. Perhaps the car was towed to the impound lot for illegal parking. To check, you need to call the duty station at 020 or the traffic police at 102, and they will check this information in their database.
In some large cities, there are many other services to find out about evacuation for free and online:
- There are special applications for mobile phones that can help you find a vehicle at an impound lot. You need to download it and register.
- There is a portal in Moscow through which you can find out online about evacuation and all the necessary data to be able to pick up your car from the impound lot.
- Each city has a 24-hour dispatch service.
Subjects of the Russian Federation themselves organize the operation of special parking lots, so there is no single register throughout Russia.
If there is no information that the car was towed, then most likely it could have been stolen.
Punishment for foreigners
They will be held accountable for the act to the fullest extent of the law under Articles No. 158 or No. 166 of the Criminal Code of the Russian Federation. They are rarely deported to their homeland, where they are punished for the act they committed.
On which website can you check a car for theft?
According to statistics, the detection rate of hijacking cases is not very high. To save yourself from buying a criminal car, before the transaction you need to check it by license plate and VIN code.
Moreover, you need to check the transport before transferring money to the seller. If you neglect this procedure, then information that the car is listed as stolen may be revealed at the time of registration with the traffic police. Then the employees of this body will be forced to immediately seize the car and return it to the rightful owner. At the same time, most likely no one will return the money for such a legal transaction.
There are many services offered on the Internet where you can check your vehicle for theft. Here are some of them: avtobot.net, avtoteka.ru, check-automobile.rus and others. They help you avoid trouble and detect illegal transactions.
Modern realities
It's no secret that the growth of crime is greatly influenced by the economic situation of the country and the standard of living of its citizens. Currently, the situation is becoming more and more complicated every year. If we look at the statistics, we will see that there is an increase in car theft. In 2000, 60,000 car thefts were recorded; three years later this figure exceeded one hundred thousand. At the same time, the detection rate of such crimes is falling. Since 2000, it has decreased by almost thirty percent. Modern professional thieves are not too afraid of punishment for car theft (Article 166). How many years have these people been engaged in their illegal craft... Of course, they have long learned to circumvent the law.
The authorities are taking some steps. For example, we prepared amendments to Article 166. The new version of the document already equates theft to theft. However, there are other factors that hinder the capture of criminals.
How are thefts of cars or items in a car investigated?
Upon receiving a statement from a victim, police officers are required to conduct a pre-investigation check. The squad is sent to the place from which the vehicle disappeared; the police will take explanations from the victim and interview possible witnesses to the incident and neighbors.
The period for such verification is within 10 days. After which, based on what has been collected, the policeman makes a decision to initiate a criminal case or to refuse one. The refusal can be appealed to the prosecutor's office. The answer must be official.
As soon as a theft is reported, the police immediately record the information. Next, as soon as possible, the dispatcher is obliged to transmit all data about the missing car and its interception will be announced.
To solve a crime more quickly or find a car, a reward is sometimes offered for any information about the theft. Someone could have become an eyewitness and filmed what happened on a phone camera...
If the criminal cannot be found and brought to justice, the case may be closed after the statute of limitations has expired.
During the investigation, it is better to deregister the vehicle, this will allow you to avoid paying transport tax. It is enough to provide the tax authority with a certificate stating that the car is listed as stolen.
Inspection of the scene of the incident
The police officer is required to inspect the crime scene. This is necessary in order to record the traces left by the hijackers. If things are stolen from a car, then broken glass and a set of screwdrivers with fingerprints can be found on the spot.
There is a chance that the crime itself could have been caught on CCTV cameras located on the house. Then the police officer can query and investigate them. Perhaps the recording will be evidence of the hijacker's guilt.
During the inspection, everything is recorded in the inspection report and attached to the case. All collected material evidence - items left by the perpetrators - are carefully packaged.
Why is it important to distinguish between theft and theft?
At first glance, it does not matter for the victim under what article of the criminal law the case for car theft or theft was initiated. Qualification is important for those whose car is insured under CASCO:
- Theft - insurance payment as a result of the loss of a vehicle can only be received in the event of theft. To confirm the fact of theft, you must bring a copy of the decision to initiate a case to the insurance organization.
- Theft - if the police opened a case of theft and did not subsequently reclassify it as theft, then the insurance payment will be denied.
Typically, law enforcement agencies issue a decision to reclassify the crime as theft if 10 days since the theft and the car has not been returned. In this case, the logical conclusion is that the intent of the person who took possession of the vehicle was aimed at theft (see what to do if a car is stolen).
How to report a theft, where to call
As soon as it becomes known that the car is missing, the owner must immediately notify the police so that employees can begin a search as quickly as possible. In addition, the police must verbally record the fact of the crime and do not necessarily have to come. It is necessary to provide the registration number, model, color of the car.
Next, the owner of the car must come to the police station and write a report of theft. Employees are required to inspect the crime scene and draw up a report.
In addition, the owner must confirm with documents his right to this car.
Statement to the police about car theft, sample
You can write a statement about the theft of a vehicle yourself and in advance, or you can follow a sample from the police.
To the head of the 17th police department of the Ministry of Internal Affairs
Sovetsky district in Novosibirsk
From full name, registration address,
address of the actual residence,
telephone for communication
Statement
I ask you to prosecute an unknown person or name the person (if known) who, on 01/07/2022, in the period from 22.00 to 6.00, stole my car (make, color, license plate, year of manufacture, VIN, body number, chassis, engine) from its place parking at: (exact address). The cost of the car is 100,000 (One million) rubles, which for me is a significant loss.
Warned of liability for knowingly false denunciation under Art. 306 of the Criminal Code of the Russian Federation signature / transcript /
The application was written by me personally.
01/08/2022 personal signature /Last name First name Patronymic/
The statement must indicate all that is important for the further investigation of the crime.
The investigator may ask for a car key, but must give a receipt in return. In addition, the investigators will provide a number through which the applicant will have access to the case and will be able to independently monitor its progress.
We recommend writing a statement using the template provided at your police station.
Use of violence
Theft, accompanied by slight damage to the health of the owner, is punishable under Art. 166 (2) of the Criminal Code of the Russian Federation. A person is also held accountable if he threatens the owner of the vehicle. Under actions of a violent nature, within the meaning of Art. 166 (2) of the Criminal Code of the Russian Federation, you need to understand beatings inflicted intentionally, or other behavioral acts, the consequence of which is the infliction of physical pain on the victim with restriction of freedom (use of handcuffs, tying up, and so on).
Violence dangerous to the owner of the vehicle is considered to be of a moderate type, as well as minor harm, as a result of which a short-term disorder or minor permanent loss of general ability to work occurs.
When qualifying an act, threats of violent action are also taken into account. At the same time, prosecution under additional articles is not carried out.
If actions of a violent nature accompanying the theft caused the death of the vehicle owner through negligence, the act is qualified in accordance with Part 4 of Art.
166 and part 4 of Art. 111 of the Criminal Code.
What to do if a car with documents is stolen
The owner of the car must immediately report the theft to the police. Then, as soon as possible, begin to restore the stolen documents.
But in general the procedure is the same. The matter is complicated by the fact that it takes time to obtain new documents for the car. To solve the problem faster, it is better to use the government services portal and order documents through it. You can submit your application electronically and receive it in person at the appointed time.
While the owner is restoring the documents, he will be given temporary certificates.
How to apply for car theft without documents
Employees are required to respond to both an oral request by telephone and a written statement and begin a search.
The procedure will speed up if the owner of the car has documents, namely a purchase and sale agreement. It will show the owner and the value in order to establish the damage.
A vehicle passport will also help the police, which should remain and be kept at home. It contains all the data identifying the car.
Car stolen by proxy
If the car is used not by the owner, but by another person, then in order for him to contact the police with a statement, he must have a power of attorney in his hands, and he must show it. This document must be notarized.
If a vehicle was stolen along with a power of attorney, then before you go to write a statement, you need to get a new one.
You can obtain a duplicate from the notary who certified the original. The notary will retrieve the archival data and provide a copy.
Punishment for kidnapping of minors
If the car was stolen by a minor, the punishment will be milder than for an adult offender.
Imprisonment can only be imposed on those who have reached the age of 16, and then for no more than 6 years. The term of correctional labor for minors cannot exceed 1 year, and the period of compulsory labor cannot exceed 160 hours.
Restriction of freedom for minors cannot exceed two years.
A fine is imposed only on those violators of the law under 18 years of age who have their own income.
Judicial practice on car thefts
The detection rate of vehicle theft cases is low. First of all, due to the fact that organized groups undertake to steal a car and in the future the goal becomes to sell the car or dismantle it for parts. As a rule, the development of the plan belongs to one person, the theft to another, and a third will deliver the car to the new buyer.
It is not always possible to track the entire chain of criminals, and the case is limited to the article of theft. Because only the thief can be caught.
Also, the detection rate is hampered by the fact that the hijackers flee the crime scene, leaving the vehicle without leaving any traces. Then the case may not be solved at all.
The video below contains expert advice, pay attention to them too!
Punishment for drunk driving without a license in 2022
Often in our country, people think that if you drive once without a license and while intoxicated, then nothing will happen, since the stars have aligned correctly and the inspector will not stop your car. But even if you are lucky today, you should not count on next time. In this article I would like to consider the punishment for driving drunk and driving without a license in 2022, perhaps this is what can make you not drive in such a situation.
Driving a vehicle by a driver who is intoxicated and does not have the right to drive vehicles or has been deprived of the right to drive vehicles, if such actions do not constitute a criminal offense (as amended by Federal Law No. 528-FZ of December 31, 2014) entails administrative arrest for a period of ten to fifteen days or the imposition of an administrative fine on persons against whom administrative arrest cannot be applied in accordance with this Code in the amount of thirty thousand rubles.
To begin with, the inspector is required to conduct a medical examination. If you refuse it, it will automatically be equated to the fact that you yourself admitted that you were drunk. Today, driving without a license while drunk is punishable in accordance with Part 3 of Article 12.8 of the Code of Administrative Offenses of the Russian Federation. Well, now about the worst. What will be the penalty for false denunciation for car theft? If you got behind the wheel while drunk and without a license again, then you will have to answer before the law in accordance with the Criminal Code.
Car theft (Article 166)
What is the penalty for car theft (Article 166)? How many years is prescribed by law for such an act? The prospects can hardly be called rosy:
Imagine an unpleasant situation when in the morning a car enthusiast opens the garage to take out his favorite car, and discovers that it is not there... The first thought: “Stolen... Stolen... Of course, for a person it makes no difference whether his car was stolen or stolen. The fact is that he doesn't have it.
Article 158 of the Russian Criminal Code prescribes a fine for car theft.
Its size reaches half a million rubles.