One of the types of crimes against property is the misappropriation and embezzlement of entrusted property, described in Art. 160 of the Criminal Code of the Russian Federation. They are in many ways reminiscent of theft, but differ in the subject composition. After all, those who perform their labor and official duties are involved in the act.
American writer and entrepreneur Napoleon Hill said: “Honesty is the only thing for which no worthy substitute has been found.” And indeed, when an employee does not deceive anyone, treats with respect not only the employer, but also his property, he receives the same attitude in return. Promotion up the career ladder is also possible.
In this material, misappropriation and embezzlement are comprehensively analyzed from the perspective of the Criminal Code of the Russian Federation. In addition, you can study answers to the most common questions and some examples from recent judicial practice. The logical conclusion will be practical recommendations.
Qualification of the crime “Misappropriation or embezzlement”
The type of theft in question is included in Chapter 21 of the Criminal Code of the Russian Federation under the title “Crimes against property.” It is no coincidence that the legislator put it together with such offenses as robbery along with extortion, robbery and theft. After all, appropriation and waste are also considered an encroachment on the property of others.
The next article in the Criminal Code of the Russian Federation appeared in 2003. It is formulated clearly, there are also clarifications from the Supreme Court, but the investigation still faces procedural difficulties.
Statistics from the Ministry of Internal Affairs of the Russian Federation for 2022 indicate that embezzlement or misappropriation is in 8th place on the list of crimes. This is 0.7% of all criminal offenses committed.
A total of 12,337 episodes were registered, of which 10,949 were solved. This suggests that there are some obstacles in the investigation of the remaining 1.9% of crimes in the category under consideration.
Subjects and composition
As already noted, embezzlement or embezzlement refers to types of illegal acquisition of property of other owners. That is, the victim is deprived of property legally owned.
General signs of theft:
- the attacker uses the stolen goods himself or transfers them to a third party;
- the object of encroachment belongs to a legal or natural person;
- Illegal methods are used to acquire property;
- the injured party suffers material damage.
The above list is exhaustive and applies to all crimes against property. In specific offenses, of course, there are individual characteristics that distinguish one act from another.
Assignment (characteristic)
Paragraph 24 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated November 30, 2017 No. 48 (hereinafter referred to as Resolution No. 48) describes what is considered misappropriation. So, this is a free, committed solely for selfish motives, unlawful use by a person of received property in his own favor against the will of the owner. This is considered to be the one that is in the employee’s possession due to the performance of official duties.
Situation. An illegal act by a security guard who takes away several boxes of goods at night when no one is there. And in the morning he declares that there was a theft in a store. Here there is appropriation, namely the theft of someone else's property entrusted to the culprit.
Or the driver is tasked with delivering the cargo to the client. He has access to the product, the opportunity to take part of it. Although in essence, this is the property of the employer.
Waste (characteristic)
The definition of this act is contained in paragraph 24 of Resolution No. 48. Embezzlement is the actions of a criminal who, for his own benefit, used the property entrusted to him against the will of the owner by consuming, selling or transferring it to third parties.
Situation. It’s not easy for the driver to keep the cargo received for delivery and also sell it. Accordingly, he takes the proceeds for himself, and the company remains at a loss, and even gets problems with the counterparty, who found himself without the required quantity of goods.
Important circumstance! The attacker must have a duty to supervise the property entrusted to him. Otherwise, his actions are regarded as theft.
When a criminal steals from a company without being an employee or there is no clause on financial liability in his employment contract, then he is prosecuted under Art. 158 of the Criminal Code of the Russian Federation. After all, the main feature of Art. 160 of the Criminal Code of the Russian Federation is the right granted to the employee to use the entrusted assets of the organization.
Object of encroachment
The object of a crime in criminal law is the element of social relations towards which the attacker’s attacks are directed. In the case of theft, this is the property of third parties; the situation is similar with misappropriation along with embezzlement.
There must be a trusting relationship between the attacker and the victim. After all, the latter himself transfers property and money to complete the assigned tasks.
Real reality . When renovating an apartment, the customer gave the contractor 600 thousand rubles so that he could buy the material in the store. However, the product cost 30 thousand rubles less because there was a discount. The seller gave the change, and the construction company employee decided to keep it. Here, too, it is permissible to talk about appropriation.
The subject of the crime in the misappropriation and embezzlement of entrusted property
The subject will be considered a person who is already 16 years old. Additionally, the citizen is granted a special right.
Property is entrusted or transferred to a person due to official duties or an agreement between individuals. Moreover, the agreement can be oral or written.
The sanity of the person who committed illegal actions with property is also taken into account. After all, when a person, due to mental problems, does not understand the significance and social danger of his actions, he cannot be held criminally liable.
According to Art.
Gruznev's lawyers *.*. (in defense of Tsivinsky *.*.), who presented certificate No. 5604 and warrant No. A 852548, Grigoriev *.*. (in defense of Polyakov *.*.), who presented ID No. 5322 and warrant No. 803311
The stated circumstances are objectively confirmed by the case materials:
From the defendant’s charge, the court excluded the infliction of significant damage to a citizen as excessively imputed, since the victim, FULL NAME2, suffered damage in the amount of 1,363,769 rubles, that is, on an especially large scale. Taking into account the proposed qualifications of the public prosecutor in the judicial debate, the court qualifies the actions of the defendant under Part 4 of Article 159 of the Criminal Code of the Russian Federation (as amended by the Federal Law of DD. Art. 160 Part 4 conditional punishment judicial practice? MM. YYYY No. 26-FZ), since he committed fraud, that is, theft of someone else's property through deception and abuse of trust, on an especially large scale. The preventive measure in the form of a recognizance not to leave the place and proper behavior is to be canceled after the Verdict enters into legal force. Citizen N worked as a school director. While working, I received 2 fines (for 4,000 and 6,000 rubles), paid on the basis of an order from school funds.
The Investigative Committee opened 2 criminal cases. The accused admitted guilt under pressure of circumstances. I didn’t consider myself internally guilty.
What does Article 160 of the Criminal Code of the Russian Federation provide for?
The criminal act in question is considered completed from the moment the valuables are disposed of. For example, a criminal sells stolen goods and spends the money received for other purposes.
In this case, the person committing illegal actions must have the intention in advance to carry them out. It is also necessary to understand that the goal is someone else's property.
It also happens that the illegal appropriation of someone else’s property and embezzlement follow each other. Here the punishment is imposed for one act, and not separately, but taking into account the harm caused.
Responsibility under Art. 160 of the Criminal Code of the Russian Federation
Sanctions under Part 1 of Art. 160 of the Criminal Code of the Russian Federation is provided for a simple type of misappropriation (embezzlement), without other qualifying components of the crime.
Criminal prosecution occurs when the damage caused exceeds two and a half thousand rubles. Otherwise, administrative punishment is provided under Part 1 or 2 of Art. 7.27 Code of Administrative Offences.
Article 160 of the Criminal Code of the Russian Federation outlines various sanctions. The court retains the right to choose depending on the circumstances of the case and the personality of the defendant.
Possible punishment under Part 1 of Article 160:
- fine up to 120,000 rubles;
- assignment of compulsory work lasting up to 240 hours;
- correctional labor for up to six months;
- restriction of freedom for up to two years;
- forced labor for up to 2 years;
- imprisonment for two years.
Separately in Part 2 of Art. 160 of the Criminal Code of the Russian Federation allocates the infliction of significant property damage to the injured citizen. The amount cannot be less than 5,000 rubles, but the financial situation of the victim is also taken into account.
Official status (Part 3 of Article 160 of the Criminal Code of the Russian Federation)
From the point of view of criminal law, the subject is considered special. After all, the criminal commits theft from the legal entity with whom he has an employment relationship.
Indeed, security systems at enterprises are constantly being improved. This concerns not only the protection of property, but also information and the process of internal document flow. However, this still does not stop criminals.
Punishment under Part 3 of Art. 160 of the Criminal Code of the Russian Federation:
- fine from 100,000 to 500,000 rubles;
- deprivation of the right to engage in relevant activities or hold a position for up to 5 years;
- forced labor for up to 5 years with restriction of freedom for up to one and a half years or without the appointment of such;
- imprisonment for a period of up to 6 years with a fine of up to 10 thousand rubles with possible restriction of freedom.
Tougher punishment linked to the status of the accused suggests that the legislator wants to highlight the special position of the accused. After all, in essence, they must act in the interests of their organization, and not appropriate its property for personal needs.
Criminal group under Art. 160 of the Criminal Code of the Russian Federation
The crime in question can be committed not by one, but by several participants. What does this mean?
Part 2 of Article 160 of the Criminal Code of the Russian Federation talks about the actions of a group of persons within the framework of a preliminary conspiracy. This means that several (more than two) citizens agreed in advance that they would commit theft at work . It is important to note that each of them must have a special right to the property received. And also understand the illegality of your actions.
Typical situation . Security guards work in production in shifts. They agreed that they would pick up several car parts at night. After which, the stolen goods are sold and the proceeds are divided among everyone. Such actions are fraught with imprisonment for 5 years with a possible one-year restriction of freedom.
The subject of a crime from an organized group is its participants. And the consequences are provided for in Part 4 of Art. 160 of the Criminal Code of the Russian Federation.
The criminal community is distinguished by persistence, the commission of a number of acts, and a clear distribution of roles within. The punishment is extremely harsh - up to 10 years in prison with a fine of up to 1 million rubles. Additionally, the court may impose a restriction of freedom lasting 2 years.
On an especially large scale (Part 4 of Article 160 of the Criminal Code of the Russian Federation)
Not all defendants decide to commit such a type of theft as embezzlement or embezzlement on an especially large scale. In accordance with Part 4 of Art. 158 of the Criminal Code of the Russian Federation recognizes as such damage caused in the amount of one million rubles and more.
Typically, large amounts are typical for group crimes. But there are episodes that are carried out by one person.
When an enterprise has suffered, the amount of losses is determined according to accounting data. For citizens' property, the current market value of the stolen assets is used for qualification.
Aggravating circumstances
In Art. 63 of the Criminal Code of the Russian Federation lists aggravating circumstances. Accordingly, if they are present, the punishment becomes more severe. It's logical. After all, the criminal will need more time to correct himself.
List of aggravating circumstances for misappropriation and embezzlement:
- relapse;
- committing an act as part of a group (in the presence of a preliminary conspiracy) or a criminal community;
- taking an active role;
- involving minors or being under the influence of alcohol or drugs;
- committing a crime motivated by revenge, in order to conceal another violation of the law;
- official position of the attacker.
The list provided cannot be considered exhaustive. It can be supplemented based on a specific situation. With regard to the composition under consideration, the most typical cases are given. All of them provide the court with grounds for a harsher sentence.
Court verdict on h
full name, passport details, citizen of the Russian Federation, with a higher education, married, employed as a deputy chief accountant, name of an organization with two minor children, 2003 and passport details, registered at the address: address, actually residing at the address: address, with no previous convictions,
state prosecutor - senior assistant of the Savyolovsky Interdistrict Prosecutor of Moscow, name of the victim, name of the organization, name of the defendant, name of the defendant, defender - lawyer name, having examined in an open court the materials of the criminal case against
Based on clause “g, part 1 of Art. 61, part 2 art. 61 of the Criminal Code of the Russian Federation, the court considers the presence of children, measures taken by the full name, aimed at making amends for the harm caused to the victim as a result of the crime, full recognition of guilt and repentance of the crime, as mitigating circumstances for punishment. When assigning punishment, the court based on Art. Art. 6, 60 of the Criminal Code of the Russian Federation takes into account Physical evidence after the verdict enters into legal force: Aggravating circumstances provided for in Art.
63 of the Criminal Code of the Russian Federation, not established. Why should participation in the opposition movement and popularity in the blogosphere be an indulgence for all occasions? Does the status of an oppositionist give any immunity or is it a mitigating circumstance? No, you say it is not?
Then stop the hysteria and wait to appeal the verdict. And wait, don’t rush to shout about an unfair verdict. Let's see what terms are given under the 4th part of Article 160 of the Criminal Code to ordinary Russians who have nothing to do with the opposition. Collect *.* from Galishnikov. in favor of compensation for material damage caused by the crime in the amount of 2,941,183 rubles 86 kopecks. When deciding on punishment, the court applies the provisions of Art.
62 of the Criminal Code of the Russian Federation, according to which, in the presence of a mitigating circumstance, namely a confession, as well as the absence of aggravating circumstances, the term or amount of punishment cannot exceed two-thirds of the maximum term or amount of the most severe type of punishment provided for in the relevant article of the Special Part of this Code.
Difference Art. 160 from other articles of the Criminal Code, similar in composition
All types of theft are similar to each other, because there is an encroachment on someone else’s property. However, in the case of misappropriation or embezzlement, the property was initially entrusted to the perpetrator due to his job duties or official position. Well, then there was an unlawful disposal of it.
When a citizen believes that values belong to him by right, then there is arbitrariness, for which he is charged under Art. 330 of the Criminal Code of the Russian Federation.
So, when an employee is not given a salary, and he decides to take it without permission, not in money, but in manufactured products. That is, in such cases he assumed that he had the right to do so. However, this is against the law.
Most often Art. 160 of the Criminal Code of the Russian Federation is compared with the misuse of budget funds, liability for which comes under Art. 285.1 of the Criminal Code of the Russian Federation. Meanwhile, the differences are obvious. Let's start with the fact that the objects of crime differ.
In the first case, these are property relations, and in the second, these are the interests of the public service. After all, it is not easy to issue budget funds, but for certain purposes, local government employees distribute them across all areas. Accordingly, the injured party will not be the enterprise, but the state.
Another difference is the benefit from the committed act. In Art. 285.1 of the Criminal Code of the Russian Federation, it is not considered a mandatory feature. And in Art. 160 of the Criminal Code of the Russian Federation is a prerequisite for prosecution. The attacker must use the stolen property at his own discretion.
Article 160 part 4 of the Criminal Code of the Russian Federation, misappropriation or embezzlement of entrusted property
Article 160 part 4 of the Criminal Code of the Russian Federation provides for any criminal liability for various forms of theft of property that were entrusted to the culprit. All these types of criminal acts are usually relevant in the public as well as in the private sphere. In addition, the total number only increases every year. The same article 160, part 4 of the Criminal Code of the Russian Federation provides for the distinctive feature of embezzlement from the entire wasted amount, where the qualification of illegal actions, including criminal punishment for their further implementation.
Article 160 part 4 of the Criminal Code of the Russian Federation is an article that considers criminal liability, which also provides for punishment in the main form of theft of property entrusted to the culprit.
Criminal prosecution under Article 160 of the Criminal Code of the Russian Federation
Having discovered the loss, the head of the organization or company writes a statement to the police about the theft. And only after a large amount of work has been done, it becomes clear that this is not a simple theft. After all, the crime was committed by a person who is responsible for the employer’s property.
The simplest punishment in such cases is dismissal for theft. It is quite possible that the damage will be compensated voluntarily and will not lead to a criminal case, but situations are different.
The investigation is divided into several stages. Below is a brief description of them.
Determining the value of stolen property
For this purpose, an audit is carried out in the company. In parallel, if necessary, the investigator, at the stage of verifying the facts stated in the application, appoints accounting and other types of examinations. Based on their data, the question of the further course of investigative measures is decided.
The study is carried out by persons with special knowledge within a month. That is why investigators take so long to decide whether to initiate a criminal case for misappropriation of someone else’s property and embezzlement or not.
If an attacker has appropriated the property of an individual, then everything is based on the victim’s explanations. And when there are witnesses, testimony is taken from them.
Preliminary investigation under Art. 160 of the Criminal Code of the Russian Federation
The preliminary investigation in this category of cases begins with the initiation of a criminal case. Most often, during the inspection they already find out the person who committed the crime. Since without determining the damage, it will not be possible to investigate such cases.
When the property of a legal entity has been appropriated, no particular difficulties arise. There are employment contracts and agreements on liability, according to which the employee is obliged to ensure the safety of the organization’s property. Accordingly, the offending employee will answer according to the law.
However, when a case is initiated based on a statement of misappropriation of a citizen’s material assets, the investigator is required to exclude other types of theft. It is additionally clarified how exactly the property or money fell into the hands of the suspect, and whether there are witnesses to the incident. A reservation cannot be ruled out. Therefore, several versions are being worked out.
Preventive measure
It all depends on the severity of the crime and the behavior of the suspect himself. After all, when there are no obstacles to the investigation on his part, a written undertaking not to leave the place is sufficient. It consists of limiting the movement of a citizen. He cannot leave the city without the permission of the investigator and is obliged to come to each of his calls.
However, if an attacker threatens the injured party, tries to hide stolen property, or otherwise tries to obstruct the investigation of a criminal case, he may be placed in a pre-trial detention center. This requires a corresponding court decision.
If, for medical reasons, it is not possible to keep the suspect in custody, then the court has the right to choose house arrest. This preventive measure allows the suspect to live at home, but he is not allowed to communicate with anyone outside or go online. Walks and visits for investigative actions are possible accompanied by police officers.
Punishment by the court under Art. 160 of the Criminal Code of the Russian Federation
After collecting all the required evidence, the case is sent to court for consideration. The assessment of the criminal act of the accused is based on the materials obtained by the investigation.
Judges also rely on the personality of the citizen who committed the offense. If this happens for the first time and the damage is small, then most likely the punishment will be mild. After all, the correction of such a person, in the opinion of the legislator, occurs quickly.
Often, admission of guilt and repentance for what has been done takes place already during the preliminary investigation. Then the case will be considered in a special manner (Article 314 of the Criminal Code of the Russian Federation).
When a crime has many aggravating circumstances, the court will certainly not show leniency.
Let's give an example. The employee decided to take revenge on the manager for the delay in salary, embezzled the company's money, and then spent it on buying a house. If he confirms this fact, the likelihood of imprisonment will increase.
Execution of the sentence
The decision of the court becomes decisive. Each type of punishment represents restrictions established by law for the convicted person. All of them are spelled out in Chapter 9 of the Criminal Code of the Russian Federation. The procedure for their execution is established by current legislation. Let's briefly look at the main ones.
When a fine is imposed , bailiffs come into play (Article 103.1 of Federal Law-229). The sentence specifies the period during which the amount will be periodically debited from the bank account to repay the debt. If there is no money, the bailiff imposes a penalty on the property of the convicted person.
Mandatory work . This type of punishment is carried out taking into account the rules of Art. 26 of the Penal Code of the Russian Federation. The types of work are determined by local government bodies together with the criminal-executive inspection.
Punishments in the form of imprisonment are carried out according to the rules of Chapter 11 of the Penal Code of the Russian Federation in correctional institutions of the Russian Federation.
Article 160 part 4
Hello. My husband was convicted under Article 337 Part 4 and is serving a sentence in a settlement colony, but before that he spent part of his sentence in a pre-trial detention center for almost 5 months. And in this regard, I have a question: Will there be a recalculation of the deadline under Article 337, Part 4 this year?
How to prepare for the process of deprivation of parental rights? Your question: an article on deprivation of parental rights. A complaint was filed with the Supreme Court by the defendant (the child’s father) after the decision...
Good night! Tell me, are women convicted for the first time under Article 160 Part 3 covered by the 2015 amnesty?! My wife has young children, she will be convicted on April 28, 2015 under Article 160 Part 4, term - 7 years. Will he fall under amnesty or not? Good evening! I ordered a certificate of absence (presence) of a criminal record, and after 3 days a criminal case was opened against me under Article 160, Part 4. Will this fact be reflected in the certificate? Will this certificate be an obstacle to the adoption of a child or a subsequent conviction under this article?
Is this crime serious? Thank you in advance. The first method is the commission of a certain action (for example, when the perpetrator uses property that was transferred to him for safekeeping). It must be proven in court that the subject of the misappropriation or embezzlement had direct intent and selfish purpose. Direct intent is aimed at causing property damage to the victim. This is facilitated by the implementation of a selfish goal, which is characterized by the intention to use someone else’s property for personal purposes, deriving financial benefit from it. State prosecutor Voynich A.A. did not object to the sentencing without a trial. The representative of the victim L. did not object to the consideration of the case in a special manner. Since the defendant Artemova L.N. fully admitted her guilt, repented of what she had done, the nature and consequences of her petition, after consultation with the defense lawyer, understands the punishment for the crime committed by the defendant, provided for in Part 4 of Art. 160 of the Criminal Code of the Russian Federation, does not exceed 10 years of imprisonment, there are grounds for applying a special procedure for making a judicial decision in the case in accordance with Art. Art.
314-316 Code of Criminal Procedure of the Russian Federation.
Misappropriation and embezzlement: judicial practice
Deciding the fate of the accused is not an easy matter. As a rule, judges agree with the charges brought by the investigation. Sometimes during the proceedings, completely new circumstances are revealed that affect the qualification of the act.
After all, even despite the auxiliary regulations adopted by the Supreme Court of the Russian Federation, investigators make mistakes. Their correction falls on the shoulders of the prosecutor's office or the court.
The following are several practical examples of the application of Art. 160 of the Criminal Code of the Russian Federation. They have not lost their relevance.
Damage to individuals
Citizen Kozhemyakin deceived two acquaintances and appropriated their money and property. The situation was as follows.
In the first episode, the defendant stole a car, spare parts for it, as well as money that the victim gave to Kozhemyakin to pay for the repair of his vehicle. The accused sold the car parts or sold them for scrap metal, and kept the money for himself. Thus causing significant damage to the victim in the amount of 145,000 rubles.
Kozhemyakin did not stop there. He persuaded a friend to sell her car and offered to help complete the transaction. However, after selling the vehicle, he pocketed the proceeds and disappeared. This caused damage in the amount of 150,000 rubles.
Kozhemyakin admitted guilt in committing the crime, therefore the Abakan City Court of the Republic of Khakassia issued a verdict against him in case No. 1-361/2020 dated May 29, 2020, in which he imposed punishment for committing crimes under Part 2 of Art. 160 of the Criminal Code of the Russian Federation.
The imprisonment was deemed suspended with a probationary period of 3 years. The convicted person was also ordered to compensate the victims for the material damage caused.
Official position
Citizen Serzhantova was the head of the HOA, which, according to the contract, was supposed to ensure the maintenance of the apartment building. To carry out various financial transactions on the account, the accused had an electronic signature of Sberbank PJSC.
With her help, she made a payment order and withdrew money to her card. Then she used them for personal purposes. The defendant admitted guilt and repented of her actions in the courtroom.
In this regard, the Votkinsk District Court of the Udmurt Republic issued a verdict in case No. 1-168/2020 dated May 29, 2020, in which it found Serzhantova guilty of committing a crime under Part 3 of Art. 160 of the Criminal Code of the Russian Federation. Imprisonment was replaced by a suspended sentence with a probationary period of 1.5 years.
Particularly large size in case of misappropriation of property
Evdugov committed a crime under Part 4 of Art. 160 of the Criminal Code of the Russian Federation. The case materials establish that the accused was entrusted with the funds transferred to pay for corn belonging to D.
Since the latter did not have a current account, he asked Evdugov for help. According to an oral agreement, he transferred money for grain to his account on behalf of the victim. The accused should have removed them and handed them over to D.
However, Evdugov decided to manage the finances independently. Despite D.’s requests for a refund, he withdrew some amount and transferred the rest to the accounts of his friends and wife. Thus, the accused squandered the funds entrusted to him.
By the verdict of the Tersky District Court of the Kabardino-Balkarian Republic in case No. 1-44/2020 dated May 29, 2020, Evdugov was sentenced to three years in prison. A civil claim for compensation for damages was also satisfied.
Repeated crime: misappropriation of funds
Sheshukova was previously convicted under Part 1 of Art. 160 of the Criminal Code of the Russian Federation. However, she decided on one more act.
While working in a hardware store, the accused embezzled money. For some time, she misled customers by distorting data on the purchased goods on the cash register, and took the money they gave for herself. Thus, she caused damage to the employer in the amount of 270,000 rubles.
The Kamyshlovsky District Court of the Sverdlovsk Region issued a verdict against Sheshukova in case No. 1-103/2020 dated May 28, 2020, where it found her guilty of committing a crime under Part 3 of Art. 160 of the Criminal Code of the Russian Federation.
As a result, the defendant was sentenced to imprisonment for three years with a fine of 10,000 rubles. However, taking into account the woman’s personality, the punishment was considered suspended with a probationary period of 3 years.
Minimum period per hour
During the interrogation, the principal exercised the right provided for in Article 51 of the Constitution of the Russian Federation not to testify.
During the preliminary investigation, the defense proved that the amount of damage indicated by the victim significantly exceeds the amount of the identified shortage. The preliminary investigation body agreed with the defense’s arguments and reclassified the principal’s actions to Part 3 of Article 160 of the Criminal Code of the Russian Federation. The principal agreed with the accusation, filing a petition to consider the criminal case in a special manner.
Acts provided for in parts one, two or three of this article, committed by an organized group or on an especially large scale, are punishable by imprisonment for a term of up to ten years with a fine in the amount of up to one million rubles or in the amount of the wages or other income of the convicted person for a period of up to three years or without it and with restriction of freedom for a term of up to two years or without it. shall be punishable by imprisonment for a term of up to ten years with or without a fine in the amount of up to one million rubles or in the amount of the wages or other income of the convicted person for a period of up to three years and with or without restriction of freedom for a term of up to two years.
Questions and answers
Cases of misappropriation and embezzlement are different. Unscrupulous employees do exist, and this is a fact. However, it happens that false accusations of theft are made. They are caused by a negative attitude towards the employee on the part of management and other extraneous reasons.
And if a citizen feels injustice is being done to him, it is necessary to take measures to protect his rights. Ideally, a good lawyer can come to the rescue.
In some cases, one consultation is enough. As an illustration, here are a few answers from experts to the questions asked.
Restriction of freedom
Stupidly, he appropriated property that belonged to the company. The lawyer said that the most likely consequence would be restriction of freedom. Tell me, please, what does this mean?
Pavel, Moscow.
This type of criminal punishment means that the person will not be placed in a correctional facility, but restrictions are imposed on his daily life by the court. First of all, it is the inability to leave the locality.
In addition, it may be prohibited to leave the house at certain hours or visit certain places. In addition, at established intervals, the convicted person is obliged to come to the local police officer, to the local department of the criminal-executive inspection.
A small amount of wasted funds
It so happened that I urgently needed to use part of the money allocated for a business trip to solve personal problems. The amount is small - 2200 rubles, but I have no way to reimburse it at the moment. Tell me, what could threaten me?
Dmitry, Lyubertsy.
Considering that the damage caused to the enterprise is insignificant, the case can only end in administrative liability. It is spelled out in Part 2 of Art. 7.27 Code of Administrative Offences.
Possible types of punishment will be a fine of five times the value (amount) of the stolen property. There is also arrest for 10-15 days or compulsory work lasting up to 120 hours. Therefore, in any case, it makes sense to resolve the issue with the enterprise peacefully.
Theft of trusted valuables
A bag was stolen on public transport. Among other things, it contained money issued by the enterprise for the purchase of goods. Now the management is accusing them of embezzlement and threatening to initiate a criminal case. Tell me what to do? I wrote a statement to the police immediately.
Tatiana, Moscow.
It is worth proceeding from the fact that embezzlement involves spending funds at your own discretion. Here they left against the will of the person, therefore the crime under Art. 160 of the Criminal Code of the Russian Federation is missing.
However, you will have to compensate the damage in full, taking into account the rules of Art. 241 of the Labor Code of the Russian Federation - no more than 20% of wages after taxes.
If the property is not entrusted
I work as a supply manager at one of the enterprises in our city. Something went wrong and a batch of finished products disappeared from the warehouse. As a result, they suspect me of theft. Tell me what is the best way to prove non-involvement?
Andrey, Balashikha.
To avoid false accusations, it is worth insisting that monitoring the safety of property was not part of the job duties. It is permissible to refer to the absence of an agreement on full financial liability and the corresponding provisions in the job description.
There are other possible arguments. Among them are lack of access to the warehouse, being on vacation or on sick leave during the period of possible theft.
Speech by the defense attorney about the acquittal of the defendant under Art.
Thus, by virtue of the definition given by the legislator, a legal entity has its own separate property, the accounting of which it is obliged to keep in accordance with the norms of the Federal Law “On Accounting”.
Disposition of the accused “M Art. 160 of the Criminal Code of the Russian Federation, specifies the method of misappropriation, defining it as: “the theft of someone else’s property entrusted to the culprit.”
In accordance with Art. 48 of the Civil Code of the Russian Federation, a legal entity is recognized as an organization that has separate property and is liable for its obligations with this property, can acquire and exercise property and personal non-property rights in its own name, bear responsibilities, be a plaintiff and defendant in court Ya-sky DOOTTS, which “M” is accused of stealing property, is an independent legal entity.
Which of this is confirmed by the case materials? NOTHING! The arguments of the complaint cannot be considered convincing, and therefore it cannot be satisfied. By the verdict of the Adler District Court of Sochi dated October 5, 2010 In objections to the cassation appeals of the defense, state prosecutor Koryakin *.*. and the representative of the victim M. consider the complaints to be unfounded and ask to leave them without satisfaction. - for five crimes under Part 4 of Art. 160 of the Criminal Code of the Russian Federation - to 5 years in prison, without a fine, for each crime;
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- Liability for causing harm to health, procedure for payment of compensation
- Threat of murder or grievous bodily harm legal analysis
- They filed a police report against me, can I look at the report?
