Today we will be interested in such an offense as theft. With or without hacking, this is not so important. After all, all possible situations will be considered. Please note that this violation happens very often. And it has various types. More precisely, a kind of classification that helps make a final decision on the punishment. In general, this trial will take into account many factors. What is a robber supposed to do if he was hacked, for example? Or threats of violence. All this will be discussed later.
Definition
First, find out what you have to deal with. In Russia, for each offense there are definitions. They help establish the type of crime and understand what exactly is being discussed.
Theft is the secret theft (targeted) of another's property. This definition is specified in the Criminal Code of the Russian Federation. Similar phenomena are extremely common. And they have several types.
In any case, it is now clear what theft means. If someone secretly seized someone else's thing, it will be called theft. Not a robbery or robbery, namely theft. This event takes place without the knowledge of the owner and becomes, one might say, a surprise for him.
Classification
Hacking is very common in the modern world. Oddly enough, but this act has its own characteristic. Or rather, it can be attributed to a specific type of crime. What classifications do thefts have in general? It is important to know in order to make the right decision regarding the sentence imposed during the court debate.
So, in Russian law it is customary to divide all thefts into 3 types:
- simple;
- qualified;
- especially qualified.
In principle, that’s all. Of particular importance are qualified and highly qualified thefts. They include some features that can affect the court decision. By simple thefts it is customary to understand the secret theft of another's property or any other object without aggravating circumstances. For example, when someone steals makeup from a relative or quietly takes something out of someone else's house. Hacking is defined as a qualified act. And it, as you might guess, will be punished more strictly than simple crimes.
What to contact
The law will play a special role in the adjudication. Suppose a burglary was committed. Which article will be the basis for litigation? Where exactly are the penalties for the perpetrators?
Need to appeal to the Criminal Code. There is an article that clearly describes possible measures to prevent re-theft. Here, citizens can find out the definitions of most crimes, so as not to get confused in their meanings.
Has a burglary been committed? Section 158 The Criminal Code of the Russian Federation will help to figure out how to judge the accused. And what penalties can be applied in a particular case. It has only four parts, each of which helps to make a decision, depending on the classification of the committed act. What can you count on for theft?
Standards
Just stealing someone else’s property is not very severely punished in itself. Although, as soon as a burglary takes place, the punishment becomes tangible. But not yet about that.
Ordinary theft has several measures applied to the offender. Firstly, it’s fine. It can be assigned in a fixed payment of up to 80,000.Or in the other cash income of the defendant for a period not exceeding six months.
It is also worth paying attention to the fact that sometimes fines do not make any sense. And they are simply not appointed. Mandatory work up to 15 days (360 hours), corrective for at least six months, but no more than 12 months, as well as arrest for 4 months or imprisonment of up to 24 months - all this is also a punishment for theft. True, without special circumstances. Restrict freedom by judicial decision for 2 years. Burglary (CC) is already a more serious crime. It refers, as already mentioned, to a qualified act. What is it for?
Payouts
A burglary was committed. How is such a crime punished? In general, several measures. They are all similar to ordinary theft. Only their degree is much more serious. For example, the first court decision that may be issued during a court debate is a fine.
In practice, it is rare, but it does. Burglary is subject to certain payments. Or up to 200 thousand rubles, or in the form of a convicted person’s income (for example, wages) for a maximum of 1.5 years.
If you consider that burglary (article 158 of the Criminal Code) is a qualified crime and it is already considered serious, then such a mercenary sentence is a very humane punishment. It has already been said that it is rarely prescribed. More often, more serious measures are taken. What kind?
Work
For example, the appointment of mandatory or correctional work. Hijacking by a group of persons (or with penetration into a non-residential premises), instead of a fine, is liable to be imposed on the participants in labor. Mandatory work in this case can reach 480 hours (but not less than 360). And correctional ones - for several years. To be more precise, here the term is set in the range from 12 months to 2 years inclusive.
Also not the most dangerous and harsh punishment. Instead, in special cases, imprisonment may be imposed. It scares the culprits more than fines and social labor.
Jail
If you believe article 158 of the Criminal Code of the Russian Federation, then for burglary, when it comes to non-residential premises or the work of several persons, imprisonment is also imposed. Perhaps the most serious thing that only awaits the perpetrators of the act.
Nevertheless, these situations are not the most neglected. Has a burglary been committed? The term of imprisonment laid for this will be a maximum of 5 years. Minimum 2. It all depends on the situation as a whole. If several people are involved in the crime, then the punishment is imposed for each participant. And not divided at all.
Housing
Thefts happen everywhere. And even in computer games. For example, in the GTA San Andreas. Burglary, accompanied by penetration into the premises, as well as secret multiple thefts are punished very seriously. Measures for the suppression of these crimes are indicated in Art. 158, part 3 of the Criminal Code of the Russian Federation.
You may notice that in this situation the accused is able to lose his earnings (or income) for 36 months (and not less than 12) or to pay the state up to 500 thousand rubles (but not less than 100 000). Already a serious reason to think before committing a crime. It is also possible to impose a sentence of imprisonment of 2 to 6 years. And in addition to this, there’s also a fine. He will be less than without imprisonment. Up to 80 thousand or in the form of income (salary) for six months. Most often, no imprisonment fees are charged for imprisonment. Instead, they try to extend to the maximum the period of detention.
Last measure
Theft is not uncommon. They are common not only in the real world, but also in the virtual. For example, in games such as "GTA." Burglary (or without it) is severely punished. Especially when it comes to previously convicted citizens (at least two times for extortion), as well as when the crime is committed on an especially large scale or by an organized group of people. Do not confuse this with the conspiracy specified in paragraph 2 of Article 158 of the Criminal Code.
What is due to the participants? Only one measure is assigned here. And this is imprisonment. No arrests, corrections. Only sending to jail. How much are they capable of planting? The deadline cannot be specified exactly. But the law states that violators are assigned a sentence of 5 to 10 years. A fine can be assigned additionally (1 million maximum or a person’s earnings for a period of up to 5 years).
Also, this decision is often accompanied by confiscation of property from the perpetrators. And not in favor of the victim, but as payments to the state. Something like a fine. What property and in what amounts to seize, only the court decides. Please note: this measure does not necessarily take effect. She may not be appointed in addition to imprisonment.
In practice, this happens very often. Imprisonment, seizure of property, and even compensation for damage to the victim - all this is quite commonplace after committing theft with or without burglary. One person or organized group.
In principle, that’s all. More legislation does not provide for any punishment for a crime. In some cases, the judgment may be surprising. Punishment may not comply with article 158 of the Criminal Code. In cases when other crimes were committed along with the theft. Or if they were not previously disclosed. This situation requires an assessment of each case. And after all the punishments are combined, and the final decision is made. As you can see, there is nothing difficult about this. In any case, keep in mind that theft is punished seriously. There is criminal liability, which rarely allows you to pay off with a fine.
