So, today we will be interested in the issue of thefts. It's no secret that this is a criminal offense. And it is punishable by law. Appropriate penalties are indicated in Art. 158 h. 1. The remaining sections of this paragraph of the law provide only for certain circumstances that are possible with theft. Depending on them, penalties vary. We will not delve into them. Instead, we learn that art. 158 part 1 of the Criminal Code of the Russian Federation.
Crime Description
What specifically will be discussed? Not everyone understands what theft is. Indeed, in most states no precise definition of one or another property crime is given. But not in Russia. Here it is necessary to clearly understand the difference between committed acts.
Theft is a secret theft of another's property. Moreover, it is important that the kidnapper had nothing to do with the fact that he was stealing. On no rights. The object of the crime is alien to him.
Usually theft is not accompanied by any dangerous actions. Unless it takes place illegal entry or room. What is provided for this crime under Art. 158 h. 1?
Money money money
The first option is a fine. The foreclosure from the offender is charged in the case of theft almost always. True, depending on the situation, the amount of payment may vary.
For the secret theft of another's property will have to pay. The amount is not too big, judging by the generally accepted rules. In h. 1 Article 158 of the Criminal Code of the Russian Federation, it is indicated that the offender faces a maximum penalty of 80 thousand.
In addition, this amount is not always assigned. In some cases, you can withdraw the income of the defendant. For example, wages. But also everything is strictly in certain sizes. If income is withdrawn, then it may not exceed the amount received for more than six months. That is, earnings for 6 months - this is the maximum fine provided for in Art. 158 part 1 of the Criminal Code.
Job
That's not all. The thing is that theft is not always punishable by the ruble. Instead, criminal liability may include community service of a diverse nature. And the offender is able to avoid a monetary penalty. By the way, this happens relatively rarely. But the law measures clearly spelled out.
Theft (Part 1 of Art. 158, Criminal Code) is punishable by mandatory labor for 15 days. Or, more simply, 360 hours. Moreover, the duration of punishment in practice is "delayed" by about a month and a half.
Forced labor is another measure that will await the burglar. The maximum that is set for theft in a similar development of events is 24 months. In reality, the penalty is most often assigned. It is recognized as a more effective method of combating thieves. Correctional work lasts up to 12 months. Also not the most popular technique used by the state.
Under arrest
Art. 158, Part 1 (RF, Criminal Code) has not two penalties for a committed act. Instead of social labor or penalties, you can arrest the defendant. Such punishment, as a rule, extends until the circumstances of the case are clarified and is rarely used in its “pure form”.
If it was decided to arrest the robber, then the maximum that is set for theft without aggravating circumstances and features is 4 months. Not too much, but not enough. In reality, a criminal is arrested, as a rule, for 15 days, and then some other preventive measures are taken. This is not written on paper. Indeed, in law and judicial practice, there have long been their own unspoken laws.And the imposition of short-term arrest is one of them.
Everything is conditional
What else can a thief wait for? Paragraph 1 of Art. 158 of the Criminal Code ("Theft") indicates that there is a place to be the so-called conditional term. It is also considered to be a restriction of freedom. Pretty simple punishment. But theft is not a dangerous crime. It does not initially entail any significant danger to society. And it should be punished accordingly.
The conditional period is also not very long. For the theft without features put a restriction of freedom up to 2 years. In judicial practice, this measure is not so rare. This is a very serious punishment. Especially when you consider the fact that not everyone is hired with a suspended sentence. It turns out that with the help of an “automatic machine” the criminal makes a lot of problems for himself. And he risks being fired from his job or not being able to work in certain fields of activity for some time.
Jail
There is in Art. 158 h. 1 punishment for theft, which citizens fear the most. It is considered the most serious of all forms of criminal responsibility. What is this about? About imprisonment.
Imprisonment is the death penalty. Theft in practice is not too often punished in this way if there were no aggravating circumstances. For example, the commission of a crime on an especially large scale. According to the law, deprivation of liberty with the simplest composition of the act will last a maximum of 2 years. And after the defendant will be completely released.
By the way, robbers and thieves are assigned to stay in prisons in correctional or general regime. This, again, if the crime was not complicated by anything. In "pure form" it is not so common. In principle, that’s all. The first paragraph of this article ends with this measure of crime control.
From the comments
Do not forget about the comments. They often highlight important points that help investigate and make an accurate decision in a court debate. What is provided for in Art. 158 (part 1 and not only, but in general)?
The object of a crime is someone else's property (property). It does not matter who it belongs to. This may be state property, municipal, private, and so on. In this case, the main act, which is understood as theft, is theft.
It lies in the fact that the past owner loses the opportunity to dispose of what he had. And the robber, on the contrary, gets it. This gives rise to the possibility of using what was stolen for personal purposes and interests.
Findings and treasures may not be objects of crime. But a variety of property (even securities) - easily. Natural resources, presented in a natural state (without processing), can not be included in crime. But if the offender takes possession of products that were grown somewhere (in reservoirs, reserves, forests and so on), then the composition of the act already takes place.
It is also indicated that in the event of theft, the defendant fully reports in his actions and commits an act purposefully in order to gain power over the subject of another's property.
