Today we will be interested in Art. 166 of the Criminal Code. It provides for penalties for hijacking vehicles. Of course, without the intent of their theft. Such acts, although not of the nature of a serious crime, but still relate to criminal liability. Too harsh preventive measures do not need to wait. There is no life sentence for this. And then what? What to fear when hijacking?
Terminology
Art. 166 of the Criminal Code of the Russian Federation describes situations in which a citizen is hijacked without intent to steal a vehicle. You will have to understand what kind of violation in question. After all, theft is already a completely different article in this code of laws.
Theft is deliberate action taken to illegally obtain another's property. It can be expressed secretly (theft) or openly (robbery), using weapons (robbery) and so on. Very often accompanied by threats or the use of violence / weapons, as well as illegal entry into premises and dwellings.
Theft is a form of theft. Only carried it without purpose to take possession of a vehicle. For example, it can be theft for resale or perfect on the principle of "take a ride for a while." Theft is carried out both by self-propelled (with the engine turned on), and by any other means of transport on the roads (in tow, for example). What does Art. 166 of the Criminal Code for a crime?
Start
So, the first part of this article contains information on possible penalties for hijacking a vehicle without any aggravating circumstances. We are talking about cases where a crime is committed by one person. And without consequences.
For such an act, Art. 166 of the Criminal Code provides for several measures to combat the criminal. For starters, it's fine. Despite the fact that many people associate criminal liability with imprisonment, its easiest form is a monetary penalty from a citizen. For hijacking, it is necessary to pay up to 120 thousand rubles, or an amount in the amount of the convict's salary for 12 months.
Restriction of liberty for theft (Art. 166 of the Criminal Code) also relies. The term is established individually, but cannot be less than 1 year and more than 3 years.
Also, a crime committed may be punishable by forced labor. Their duration should not exceed 5 years. Deprivation of liberty also takes place. But such a punishment is extremely rare. You will have to count on a period similar to forced labor, i.e., not more than 5 years. The arrest in this situation can last up to six months.
Discussions
Often, crimes are committed by prior conspiracy. That is, few will agree to work alone. Especially when it’s quite difficult to “crank up” a business yourself. Art. 166 h. 1 provides for punishment for an act committed by one person. But the second part of this article indicates possible penalties that rely on hijacking by prior conspiracy.
Honestly, there will be no special differences in this case. Art. 166 para. 2 indicates that criminals may be fined. But its size will increase to 200 thousand rubles. Or it will be expressed as the income of the convicted for a year and a half.
Forced labor and imprisonment also have a place to be. In the first case, the sentence lasts up to 5 years, in the second - up to 7. At the same time, serving the term is likely to be allowed in a penal colony.Not so scary, albeit unpleasant. For conspiracy, forced labor or penalties from each participant are most often provided.
No danger
Well, this part does not end there. Art. 166 also indicates measures applied to violators for hijacking, which was accompanied by threats or the use of violence. It is important to note that the acts committed were of a nature not dangerous to human life and health.
As you might guess, for such a violation will have to rely on the measures given above. That is, a fine of up to 200,000 rubles (or expressed as income for a maximum of 1.5 years), or forced labor up to 5 years, or imprisonment of no more than 7 years.
As you can see, there is no restriction of freedom (conditional term) or arrest under such a development of events. So, a conclusion should be made so far: a person is most punished for theft, committed alone and without the use of violence. Such cases occur very often. And they are not new to Russia.
Groups and damage
For unlawful acts committed by an organized group of persons, the Criminal Code always provides for serious punishment. And theft is no exception. The thing is that part 3 of Art. 166 of the Criminal Code has clarification on this issue. If you acted in an organized group or caused especially major damage, you need to prepare for serious penalties. Which specifically?
Fines, forced labor, arrests, restrictions on freedom - all this is losing its relevance. Such completely humane measures are replaced only by imprisonment. For those who knowingly commit a criminal offense, such news will not be a surprise. Indeed, the criminal liability of many is associated precisely with prison.
Theft committed under the conditions listed in paragraph 3 of Article 166 of the Criminal Code of the Russian Federation is punishable by imprisonment. The exact date will be set individually. But it can not exceed 120 months. It turns out that for hijacking committed while working in an organized group or accompanied by particularly large damage, you can go to jail for a maximum of 10 years. A good reason to think, is it necessary to agree to this act?
Danger
What is supposed to be for criminals if they hijacked, which was accompanied by the use of violence dangerous to human health and life? Or in cases where there were threats thereof. For this, according to modern laws, violators are given a separate punishment.
In part 4 of Art. 166 of the Criminal Code it is said that such an act is punished most severely. As you might guess, criminals face imprisonment. Its term is increased in comparison with all other cases. And now the maximum length of stay in prison is 12 years.
Comment
To clearly understand the information presented in the article, you need to refer to the comments on the latter. Almost every crime prescribed in the Criminal Code has its own clarifications. They help establish what kind of punishment and what relies on.
So, in Art. 166 comments indicate that the subject of the crime can be not only a car, but any vehicle in general. For example, a boat or plane. All that has an engine. But bicycles, skateboards and other devices for moving without engines do not apply to vehicles.
The hijacking can be done both openly and secretly. In this case, the vehicle is moved from the parking lot. Criminals should not have any rights to transport. It is necessarily a stranger. Otherwise, the crime cannot be recognized as theft.
