Theft is a crime. And it is punishable by law. In Russia, various types of thefts have their own penalties. Of course, it is difficult to predict exactly what decision will be made by the court. Almost impossible. However, the Penal Code provides the basis for a final decision. Article 158 of this document indicates possible cases, as well as measures used in practice with a particular act. Please note: our current crime has a classification. She plays an important role in making a decision. What can you prepare for?
Some terminology
Theft is the theft of another's property. And secret. And not bearing any danger either to the kidnapper or to the victim. It is committed to take possession of another's property or object.
Do not confuse this concept with all other types of theft. For example, with robbery or robbery. The theft is carried out secretly, for the owner of the loss will be a surprise. Not so everything is difficult to understand. Theft is a criminal offense. And it has a certain classification, which sometimes helps to make the right decision.
Types
What could be a theft? It is worth noting that Section 158 of this Criminal Code of the Russian Federation is divided into 4 parts. Each deals with a specific type of current offense. According to the law, it is now customary to distinguish theft:
- simple;
- qualified;
- special qualified.
All of them have the same motive, but the diverse circumstances in which the crime was committed. For example, a simple theft is a secret abduction of someone else's. Without features. That is, someone secretly took something. Qualified include acts committed with the conditions specified in paragraph 2 of Article 158 of the Criminal Code. For example, with conspiracy or penetration into non-residential premises. Particularly qualified are those specified in the 4th part of this article. This includes work in an organized group, as well as crime on an especially large scale.
Typical case
So, what is supposed to violators in a particular case? Theft has been committed. If this is a simple crime, then nothing special will have to wait. After all, such acts are punished criminally, but not too seriously.
What can you hope for? For example, a fine. He is present in most sentences. There is an opportunity to buy off the intruder. The amount of payments in this case is up to 80,000 rubles. Or, the convicted person’s income is seized for the period established by the court. But no more than six months. And not less than a month.
Although this is a fine, criminal liability is imposed. Theft is punished in other ways. For example, arrest or a variety of community service. Quite common cases worthy of attention.
As work
The fine, as it turned out, is far from the only punishment for theft. Instead, the court most often makes more serious decisions. But with a typical theft, simple, everything is not so scary.
For example, as already mentioned, various types of work can be assigned. Theft (the Russian Federation often encounters this crime) is punishable by compulsory labor. The maximum that is laid on the offender is 15 days. Or 360 hours, to be precise. After practicing, the convicted person will be released from liability.
Correctional work is also sometimes appointed. Instead of binding. They last much longer - up to 1 year. As a rule, on average they are assigned for theft correctional work half a year long. And 2 - forced. These are the most common situations.
About freedom
Theft (Criminal Code of the Russian Federation) is a crime that can limit the freedom of the accused. In various forms of manifestation. For example, under the guise of arrest or imprisonment. Such measures are used as a criminal punishment most often. It is they who are associated with citizens with "criminality."
Arrest the robber are entitled to a maximum of 4 months. Not very harsh, but tangible. But imprisonment for theft of a simple type is possible for a couple of years. Article 158 of the Criminal Code does not prescribe the exact term. Instead, only the maximum length of imprisonment of 2 years is indicated.
The second part of
So, theft has occurred. Which article is responsible for the generally accepted norms of punishment in Russia is already clear. The question is different: what will be the theft with some features? For example, when it comes to a qualified case. After all, the same decision for thefts with aggravating circumstances and without them cannot be made!
And this is true. The second part of Article 158 of the Criminal Code of the Russian Federation provides for measures that will come into force when thefts are committed by conspiracy by several persons or when they enter a non-residential premises. This also includes significant damage to the victim, as well as pickpocketing. From clothes, bags, suitcases that are with a citizen.
In this case, theft is really a serious crime. Although it is precisely such violations that are found in Russia and other countries most often. Punishment can still be expressed as fines. Under such conditions, it rises to 200 thousand. Otherwise, the convicted person is deprived of any of his income for a certain period of time. Not less than a month, but no more than 18.
The works here also do not lose their relevance. Mandatory are assigned for 480 hours, corrective - for 24 months, mandatory - up to 5 years. These are the maximum values set for theft. Also, such measures are accompanied by a restriction of the freedom of the offender or its complete deprivation. In the first case, the maximum can be “earned” by the year limit, in the second - by 5.
Troika
Theft of property, which is accompanied by an unlawful intrusion into a dwelling, as well as on an especially large scale, is punishable according to the laws according to a similar principle. Here, as before, there is a fine (up to 500,000 or the convicted person’s income for 36 months, but not less than a year), community service (forced labor - 5 years) with restriction of freedom. Or without it. In this case, a citizen is able to limit freedom for a year and a half.
Among other things, theft is what they can, in other words, be put in jail. Part 3 of this article indicates: the conclusion lasts a period established by the court, not exceeding 6 years. As a supplement, a restriction of freedom of 1.5 years or a fine may be imposed. The payout amount is exactly the same as in Part 1 of Article 158 Criminal Code of the Russian Federation. These measures are optional, but are often found in practice.
the end
Perhaps the most severe punishment is imposed for thefts committed by organized groups (do not confuse with conspiracy) or on an especially large scale. Here correctional, compulsory and compulsory work disappear altogether. And they are not appointed convicts.
But without fail the court makes a decision on imprisonment. Its duration is set in the range from 5 to 10 years. Also, in some cases, additional penalties are imposed. This may include, say, a fine. It reaches 1 million rubles. Or it is expressed in the form of wages, as well as other income of each convicted person for an act for a certain period of time. The maximum is 60 months.
Instead of appropriate payments, they have the right to add another measure of punishment to imprisonment. It is about restricting the freedom of the convicted. Each can set a duration that does not exceed 2 years. In practice, it turns out most often that the court simply puts the defendants in prison, fines and additionally restricts their freedom.
findings
That's all.Now it’s clear what punishment is imposed if the article “Theft” is applied in court (158 of the Criminal Code of the Russian Federation). An unequivocal decision on this issue can be difficult to make. And a lot depends on the circumstances. In some cases, the most common theft can bring a lot of problems to the violators. And they will be waiting for the death penalty. And sometimes it happens that the robber is simply fined and released.
Occasionally, a case does not even reach the court. This happens if the theft is committed by a relative or loved one. And in such cases, a personal hearing takes place. That is, the stolen is returned to the victim and the amount of moral damage is compensated. These are quite common situations. If the theft is committed by relatives, most often they really decide everything amicably.
In any case, from now on, all existing measures to prevent an offense are known. Often thefts are accompanied by other crimes. In this provision, the court will begin the verification and make a decision based on all articles of the Criminal Code that are suitable for violations. Try not to steal or even think about it. Then you won’t have to puzzle over the appropriate punishment.
