The legislation provides for liability for causing property damage. Let us further consider the punishment imposed by the Criminal Code.
Art. 165 of the Criminal Code
This norm defines the general and qualifying compounds. In the first part, it is established that liability is provided for property damage to the owner or other owner of material assets caused as a result of breach of trust or fraud, which has no signs of theft and committed on a large scale. The second part of Art. 165 of the Criminal Code of the Russian Federation determines the punishment for the same acts committed:
- An organized group or persons who have previously agreed on a crime.
- In the amount recognized as particularly large.
Penalties
According to Part 1 of Art. 165 guilty faces:
- Cash collection of up to 300 thousand rubles. or equal to his salary or other profit earned up to 2 years.
- Forced work. Their duration is up to 2 years. Additionally can be installed restriction of freedom until the 1st year.
- 2 years imprisonment. Additionally, under Art. 165 a fine of up to 80 thousand rubles may be imposed. or equal to s / n (other income) for six months and restriction of freedom up to a year.
The punishment for the second part is as follows:
- Forced labor up to 5 years. Additionally, the guilty freedom may be limited to 2 years.
- Up to 5 years in prison. Additionally, a pecuniary penalty of up to 80 thousand rubles may be charged. or equal to income (salary) for six months and restriction of freedom for 2 years.
Art. 165: comments
In accordance with the disposition of the norm, liability arises only if there is no evidence of theft in the person’s act. In contrast to the previously existing Criminal Code of the Russian Federation, the punishment under the Code that exists today is provided for damage to material values that are not only owned, but also on another right. This can be economic management, inherited lifetime possession, operational management, etc. In accordance with rule 15 of the Code, an act that is covered by part one of Art. 165, is considered a small crime, and part of the second - moderate.
Objective part
As the object of the act, the punishment of which is provided for by Article. 165, advocate social relations related to the exercise of property rights and other ownership of material values. Crime is characterized by actions consisting in deception or abuse of trust. As a result, a citizen (owner or other owner) is caused property damage that does not have theft. The essence of fraud or abuse of trust is similar to their content in fraud. The only difference is in the mechanism of profit extraction by the guilty subject.
Cheating
It can consist in informing a citizen of knowingly inaccurate, false data, omission of real facts. This behavior of the attacker is aimed at misleading the victim. Deception, therefore, may consist in a conscious distortion of the truth and be active. It can be both passive and consist in silence of true information.
Trust abuse
Such an action consists in the use by the attacker of a special attitude towards him on the part of the subject, whose property is damaged. The abuse of trust consists in assuming obligations by the guilty party in the absence of his desire to fulfill them. The attacker in such cases uses the trust relationship developed between him and the victim for personal gain.
Distinctive features of the act
In case of fraud, as with a different form of theft, material assets are seized with its subsequent appeal to the offender or other persons. However, the objective part of the crime, which covers art. 165, as mentioned above, has a different mechanism for obtaining benefits. It consists in the fact that the attacker appropriates money or other values not received by the victim, but, in accordance with a regulatory act or an agreement, should have been obtained by him. The damage in this case is not a direct loss, but lost profits.
Practical expression of deed
Causing property damage, liability for which arises under the article under review, may consist of:
- Evasion of making mandatory payments by providing obviously false documentation. Punishment under Art. 165 occurs in the absence of signs of compositions defined in Articles 199, 194 and 198 of the Criminal Code.
- Evasion of mandatory contributions by default on true facts. For example, this can be expressed in the failure of the subject to report that he is deprived of the benefits provided to him earlier.
Additional qualification
When the perpetrator uses forged documents, the act is covered by Art. 165. Additionally, under paragraph 3 of Article 327, the crime is not qualified. If the attacker himself forged the document and subsequently used it to commit fraud, then the act is covered by two norms. Punishment occurs under Art. 165, and the relevant part of 327 articles.