In Russia, crimes are punished in a variety of ways. And measures to prevent unlawful behavior, accompanied by the onset of criminal liability, are prescribed in the relevant code. We will be interested in Art. 160 of the Criminal Code of the Russian Federation. What is she talking about? About what punishments await you for embezzlement, as well as misappropriation of other people's property. This is not such a common crime, but it still takes place. So what to prepare for? What responsibility will be incurred for a perfect act?
A bit about terms
Before you find out, you should fully understand what specific acts are in question. It is clear that they are unlawful. But they should have a precise definition so as not to confuse embezzlement with misappropriation and other crimes. And indeed it is. So, the appropriation is considered illegal retention of property for personal use. In other words, this is the non-return of other people's things to their owners. And embezzlement is the sale, consumption, disposal or transfer of property to third parties. As a rule, before such acts an assignment is mandatory. So what punishment will have to be incurred, according to Art. 160 CC?
No complications
The first step is to analyze simply the appropriation and embezzlement of another's property. Cases not burdened by any aggravating circumstances. Perhaps they are found most often in Russia. When a person commits a crime, which is expressed by the appropriation and embezzlement of another's property, a monetary penalty is imposed. More precisely - a fine. Moreover, Art. 160 hours. 1 of the Criminal Code of the Russian Federation indicates that payments up to 120,000 rubles may be assigned. As an alternative solution - the withdrawal of the convicted person’s income. At the same time, the maximum period for which payment is charged reaches 1 year.
Penalties are often imposed in the form of criminal liability. It is believed that this, although not the toughest measure to suppress illegal actions, is the most effective. However, misappropriation with embezzlement can be prevented otherwise.
Labor and freedom
We are still talking about cases where there are no aggravating circumstances. That is, when one person appropriates another's property and spends it. Of course, each situation is considered individually. But Art. 160 of the Criminal Code provides not only a fine for the commission of this crime. What else can you prepare for? For example, to a diverse social work. Violators have the right to sentence to compulsory labor for a maximum of 240 hours. Perhaps the appointment of corrective and forced labor. In the first case, the maximum duration will be six months, in the second - 24 months.
Also Art. 160 of the Criminal Code proposes restriction or imprisonment for appropriation and embezzlement. So-called conditional term assigned for a maximum of 2 years. And the same can last in prison for a committed act. Extremely rare cases in practice, when there are no aggravating circumstances.
Damage and group
What else is worth paying attention to? Now it is necessary to consider situations in which there are certain features. For example, when the misappropriation and embezzlement were committed by a group of people who agreed in advance. Or in case of significant damage to the victim in the course of unlawful actions.
Art. 160 of the Criminal Code of the Russian Federation indicates that preventive measures will be used approximately the same as in the past case. Only their degree will be toughened. For example, a fine of 300,000 rubles. Or the offender will be deprived of income for 2 years. Mandatory correctional and forced labor also take place.And if there was a conspiracy or there was significant damage to the victim during the appropriation and embezzlement of property, you can count on the duration of labor in the following limit values: 360 hours, 12 months and 5 years, respectively. Plus, as a “bonus”, violators can be additionally limited in freedom for a year or imprisoned for 5 years. In practice, a suspended sentence is more often prescribed. Prison is an exceptional case.
Large size and position
Aggravating circumstances do not end there. In the same way, as well as possible punishments for the crime committed, expressed by embezzlement and misappropriation of another's property. Part 3 of Art. 160 of the Criminal Code of the Russian Federation calls us the measures applied to violators of the law in cases where the damage was on a particularly large scale.
Kara, who is waiting for the criminals, is pretty serious. In most cases, it is accompanied by additional penalties. Art. 160 (part 3) of the Criminal Code of the Russian Federation indicates that under such circumstances a fine is imposed in the amount of: a minimum of 100,000 rubles, a maximum of 500,000 (or as a person’s income for 1-3 years). Perhaps a combination of forced labor for 5 years. They also limit freedom for a maximum of 18 months. This measure is also called a suspended sentence. Plus to all h. 3 tbsp. 160 of the Criminal Code offers as punishment imprisonment for 6 years with a fine of 10,000 rubles. As an option - the criminal's income for the month. In addition to cash payments, they can additionally restrict freedom for 1.5 years. The last measure is a taboo on conducting any specific activity and a ban on certain posts for 5 years.
Organization
Nevertheless, this is not the end. Part 4, Art. 160 of the Criminal Code of the Russian Federation states that sometimes appropriation and embezzlement can be carried out either by an organized group, or in especially large amounts. This option is punished even more seriously than all previous events. How exactly?
In this case, the highest penalty is imposed for the committed unlawful action. Namely - imprisonment. Imprisonment is up to 10 years. And as a “bonus" after release, the criminal will either have to pay a fine of 1 million rubles (or lose profit for 3 years), or put up with a suspended term of 24 months.
Comments
An important role in Art. 160 of the Criminal Code of the Russian Federation comment plays. It helps to reveal some features of appropriation and embezzlement as a crime. Here you can see the exact definitions of all terms. Please note: comments indicate that the crime contains intent, and more specifically. And responsibility for embezzlement or appropriation of property of strangers comes from 16 years.
There will be no corpus delicti only when the property of a person has been converted into cash for some time, and also the potential offender intends to return the property to the rightful owner by a certain point. The main problem here is the proof of your intentions. Sometimes the offender may be sentenced to completely different punishments for embezzlement or embezzlement. For example, under the article "Self-government". But such cases are extremely rare and they need a pretty good reason.
