One of the key objectives of the criminal law is the protection of property. The Constitution establishes equal guarantees for the protection of all its forms. Responsibility for property crimes established Articles 158-168. They are united in chap. 21, in section 8 of the Criminal Code.
The concept of property crimes
As a generic object in such acts are relations associated with the powers to own, dispose and use of one or another property. Some crimes against property are considered multidimensional. Subjects encroach not only on the main, but also on the optional or additional element. For example, in case of robbery, such an object is human health. The crime against property is directed at property. It represents material objects in the creation of which human labor is invested. According to the Civil Code, they are the subject of property rights. Moreover, not all of them may become the object of encroachment of the category in question. For example, illegal felling of trees cannot be considered a crime against property. Violations of objects in their natural state (wild animals, forests, fish resources, etc.) relate to acts in the environmental sphere. Intellectual property is also not the subject of the crimes in question. In this case, the attackers encroach on constitutional freedoms and human and civil rights. The subject of property crimes is usually movable material objects (cars, for example). However, the infringement may also be directed at real estate. A crime can be committed in respect of objects, which in themselves are evidence of values. Such objects include, for example, cash, bonds, stocks, privatization checks and other securities. The subject of crime is often directly the property right itself. For such an act to take place, property for the subject must be alien. Tangible property to which infringement is committed must belong to other persons by the right of ownership or legal possession.
Characterization of property crimes: the objective side
As a rule, an assault is carried out in the form of active actions. However, a crime against property can also be committed by inaction. The punishment for such acts, in particular, is provided for in Art. 165 and 168 of the Criminal Code. The first article establishes sanctions for causing property damage through breach of trust or deception, in the second - for damage or destruction of other people's values.
Features of the composition
By design, the crimes in question are predominantly material. This means that the moment the act is completed, the law connects with the occurrence of certain consequences. In particular, we are talking about causing property damage to the owner. A crime against property may have a formal composition. Such acts, for example, include robbery. (Article 162) misappropriation of vehicles without theft (Article 166) extortion (art. 163). If the crime against property has a material structure, it is necessary to establish a connection between the behavior of the perpetrator and the consequences that arose as a result of his act. An optional feature is the method of committing unlawful actions.It is considered a constructive element of all types of theft. Along with this, this feature is a delimiting criterion. So, in case of theft there is a secret method, in fraud fraud, breach of trust are used.
Subjective part
All encroachments on property objects, except for careless destruction or damage to property, are carried out intentionally. As a rule, the intent of the subject is direct. The subjective side of such damage / destruction of material assets, which additionally entailed the death of a person or other serious consequences, is characterized by guilt in two forms. For some attacks, a self-serving purpose is a prerequisite. For example, it is present in all types of theft.
Subjects
Responsible citizens who have reached the age established by law may be held liable. For committing theft, extortion, robbery, robbery, as well as the unlawful seizure of the vehicle without the purpose of abduction or intentional damage / destruction of other people's property under aggravating circumstances, the punishment is applied to persons from 14 years of age. For other property crimes, the age of prosecution is 16 years. A number of compositions provide for a special subject. So, upon appropriation or embezzlement, a citizen who is entrusted with the property for storage will be held liable.