Article 158 of the Criminal Code of the Russian Federation "Theft". Lawyer consulting

Theft (Article 158 of the Criminal Code of the Russian Federation) - the theft of property belonging to other persons by secret means. The main general signs of an act are gratuitousness, wrongfulness, the seizure of material assets from the owner or their treatment in favor of the guilty party (other persons), damage to the owner.

158 article of the Criminal Code: punishment

For the theft of property the perpetrator faces:

1. Fine up to 80 thousand rubles. or in the amount of salary / other income for six months.
2. Up to 360 hours of compulsory work.
3. Restriction of liberty for a period of up to 2 years.
4. Up to a year of corrective labor.
5. Up to 4 months arrest.
6. Up to 2 years of forced labor.
7. Up to two years in prison.

These sanctions are provided for in Art. 158 h. 1 of the Criminal Code.

Qualifying composition

Indicated in the disposition of Art. 158 h. 1 of the Criminal Code, an act may be committed:

1. A group of entities by prior agreement.
2. With unlawful entry into the room (another storage location).
3. With significant damage to the victim.
4. From a bag, clothes or other item that was with a citizen.

Art. 158 h. 2 of the Criminal Code of the Russian Federation for these acts establishes:

1. Up to 480 hours of compulsory work.
2. Fine up to 200 thousand p. or in the amount of salary (other income) for a period of up to 1.5 years.
3. Up to 2 years of corrective labor.
4. Up to 5 years in prison.
5. Up to 5 years of forced labor.

AT Art. 158 Part 2 of the Criminal Code of the Russian Federation additionally provides that by the last two sanctions the court may impute the guilty one’s restriction of liberty for up to a year.

Aggravating circumstances

They are indicated in Art. 158 h. 3 of the Criminal Code. Theft of property may occur:

1. With illegal entry into a dwelling.
2. From a gas, oil, oil product pipeline.
3. In large size.

For these acts of Art. 158 h. 3 of the Criminal Code provides:

1. A fine of 100-500 thousand p. or in proportion to salary (other income) for 1-3 years.
2. Forced labor up to 5 years. Additionally, the court has the right to impose on the guilty person a restriction of liberty of up to 1.5 years.
3. Imprisonment up to 6 years. Additionally, the sentence may include a fine of up to 80 thousand rubles. or equal to s / n, other income for six months and restriction of freedom up to 18 months.

Part four

Secret theft can be committed by an organized group or in the amount considered especially large. For such acts, Article 158 of the Criminal Code of the Russian Federation form of sanction provides for imprisonment for up to 10 years. Additionally, the court may be fined up to 1 million p. or equal to salary (other income) for 5 years, as well as restriction of freedom up to 2 years.

Amendments to the Criminal Code of the Russian Federation: Art. 158

Theft in the norms of the code refers to the gratuitous unlawful (illegitimate) seizure or treatment of property belonging to another person (s) for the benefit of the guilty person (or other entities) that caused damage to the property owner (owner). A significant amount is established taking into account the property condition of the victim, but not less than 2.5 thousand rubles. Premises in the articles of the Criminal Code are constructions and structures, regardless of their type of ownership, the purpose of which is to place valuables or to find people for official or industrial purposes. A storage facility is an economic building isolated from residential buildings, pipelines, land, other structures designed for temporary or permanent maintenance of property. The size exceeding 250 thousand rubles is recognized as large, especially large - more than 1 million rubles.

Commentary to rule 158 of the Criminal Code

The concept of "theft" covers a group of criminal attacks on property belonging to other entities. Such an action is carried out exclusively for the mercenary purpose and in any case involve the occurrence of damage. According to the norm of 158 of the Criminal Code of the Russian Federation, the object of a crime is public relations, which are formed in the field of distribution and redistribution (turnover) of material values ​​(goods) and included in the category of “property”. Upon theft, the rightful owner does not lose the rights to his property. Accordingly, the guilty person does not become the owner.Any method of disposing of stolen property is unlawful.

Thing

In accordance with norm 158 of the Criminal Code of the Russian Federation, it acts as a specific property legally owned by other persons. It is presented exclusively in the form of objects of the material world. They must have consumer value (the price, necessarily expressed in monetary terms). The subject of an encroachment, which is covered by Article 158 of the Criminal Code of the Russian Federation, may be immovable and movable property, as well as property withdrawn from civil circulation. The culprit can steal money or documents acting as their equivalent. The subject of encroachment cannot be products of intellectual labor, thermal or electrical energy.

Key features

Norm 158 of the Criminal Code of the Russian Federation provides for sanctions for the free seizure of property. This means that the perpetrator receives the item without compensating for its consumer value. Withdrawal is a real action performed in the material world. As a rule, it is expressed in the direct movement of an object in space from the owner / owner to the attacker / other persons. Under the appeal of property in favor of someone understand the illegal execution of documentation on the transfer of rights to values ​​from the rightful owner to the culprit / other entities. Theft can also be committed by creating obstacles for the owner to dispose and use the objects belonging to him. Illegal seizure is always carried out without the consent of the owner and against his will in the absence of the perpetrator's corresponding rights.

Property value

The establishment of the price of the abducted person is a prerequisite for ensuring the correct qualification of a criminal assault. When determining it, it is necessary to proceed from the actual value of material assets at the time of the implementation of illegal actions. If there are no reliable data on the real price of the stolen items, it can be established in accordance with the expert opinion.

Important point

The special cultural, artistic, scientific or historical value of stolen documents or objects, regardless of the method of their illegal seizure, should be determined solely in accordance with the expert’s opinion. This takes into account not only the cost in monetary terms, but also the significance of the subject for a particular sphere of people's lives. The absence in the case file of information on the value of property stolen by secret means, as well as on the price of the objects to which the intent was directed in the event of an attempted theft, acts as a basis for terminating the criminal prosecution due to the lack of composition.

Subjective part

A sane citizen may act as a culprit. Responsibility under this article may come from the age of 14. On the subjective side, any theft suggests that the perpetrator had a direct and usually concretized intent. It is aimed at taking possession of specific foreign material assets in an unlawful way for their subsequent conversion in their favor or transfer to third parties. The guilty in all cases understands the social danger of his behavior. In addition, the attacker is well aware that he is stealing the property of other citizens. This means that the guilty person always foresees the obligatory occurrence of dangerous consequences, which will be expressed in causing property damage to the owner, and wants this. The selfish motive determines the orientation of the intent of the attacker to theft.

Qualification Features

The composition of theft will be absent if the subject withdraws other people's material values ​​not from a selfish motive, but from some personal interest, misunderstood official interests or for the purpose of temporary use. Other impulses may accompany theft.For example, it can be committed out of hooligan intentions, out of revenge, and so on. But in the absence of selfish motives in the actions of the guilty, the possibility of qualifying the assault as a theft is excluded. All embezzlement proceedings are considered public prosecution cases. This means that when deciding on the issue of criminal prosecution of guilty entities, the opinion of the legal owner or owner of the stolen material assets will not matter.

Additionally

In the event that during the trial of the theft of a movable object (vehicle) it is established that the subject did not pursue the goal of subsequently disposing of the subject, the actions of the perpetrator, if there are appropriate grounds, will be qualified as hijacking, if this does not worsen the position of the attacker. Partners in the crime may have different motives from the initiator. But in any case, they should know about the nature of the actions performed by the performer. Documents of a non-property type, as well as not having an independent consumer price, but providing the right to receive money or material values, do not act as theft. Unlawful seizure of such securities, depending on the circumstances of the commission of unlawful actions, qualifies as preparation for fraud or theft.