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Criminal Code: 166 article (with comments)

The Criminal Code provides for liability for theft. Section 166, which establishes the punishment, contains 4 parts. Let's consider this norm in more detail. 166 article

General composition

For the unlawful seizure of a vehicle (car, etc.) without the purpose of its abduction, a penalty is imposed in the form of:

  1. Cash collection up to 120 thousand rubles. or equal to income (including salary) for up to a year.
  2. Restrictions on freedom up to three liters.
  3. Arrest up to six months.
  4. Imprisonment up to 5 l.

Qualifying Compositions

The act specified in the first part may be committed:

  1. Pre-agreed persons.
  2. With the use of violence that does not pose a threat to health / life, or with the threat of its use.

In these cases, article 166 of the Criminal Code establishes:

  1. Fine up to 200 t. or recovery in the amount of salary / income for 1.5 g.
  2. Forced work up to 5 liters.
  3. Up to 7 years in prison. Article 166 of the Criminal Code of the Russian Federation

10 years of imprisonment is provided for when the above acts were committed by an organized group or caused damage, which is assessed as especially large. Up to 12 years in prison is established for crimes defined in parts 1, 2, 3, if they were accompanied by life-threatening violence or the threat of its use.

Article 166 of the Criminal Code: comments

A vehicle should be understood as a car, as well as other mechanical vehicles. These include, but are not limited to, trolleybuses, buses, motorcycles, self-propelled cars with an internal combustion engine or an electric motor, boats and so on. The subject of encroachment is not bicycles, mopeds, horse-drawn vehicles, rowing boats, etc. Theft means illegal seizure of a vehicle without the intention to seize it in full or in parts, as well as an unauthorized trip on it. A crime can be committed both with the help of an engine mounted on a vehicle, and without starting it (evacuation, towing, rolling back manually, etc.). Unlawful seizure of a vehicle without the purpose of its subsequent theft is also a trip on it under the control of the owner or owner as a result of violent acts against it or under the threat of their use. In this case, the victim is deprived of the opportunity to dispose of the transport at his own discretion. Article 166 of the Criminal Code

Objective part

Article 166 of the Criminal Code of the Russian Federation covers crimes that infringe on public relations, which are formed during the distribution and redistribution of material goods. If the act is committed using violence, then there is a double object. The second element of the assault is the health and life of the victim. The objective part of the act consists in the unlawful seizure of another's transport without the intention of stealing it and traveling on it.

Subjective part

The punishment, which determines the 166th article, can be applied to any sane individual from the age of 14 years. The crime is committed with direct, as a rule, concretized intent. In the process of seizing foreign transport, the perpetrator understands the illegality of his actions. The crime, which covers Article 166, is considered completed from the moment of moving or leaving the vehicle from the place where it was located.

Aggravating circumstances

Article 166 contains qualifying elements of crimes. H. 2 to aggravating circumstances include the commission of an act by previously agreed persons as part of a group and the use of violence that does not pose a threat to the health / life of the victim. The participation of each subject in a crime should be considered as co-execution (Art. 34, para. 2). At the same time, it will not matter which of the persons carried out the management of the vehicle.Violence is the infliction of physical pain on the owner of a vehicle or the commission of actions restricting his freedom. hijacking article 166

Set of acts

A crime punishable by Article 166 may be accompanied by intentional destruction or damage to vehicles. If the actions of the perpetrators caused significant damage to the owner and do not qualify as unlawful seizure of the vehicle with the infliction of particularly serious harm, the deed falls further under Art. 167. If during the theft violence was used, as a result of which, by negligence, the death of the owner of the vehicle occurred, the crime will be qualified in accordance with the circumstances under Part 4 of Art. 166 and h. 4 Article 111 of the Criminal Code. If the vehicle is illegally seized in order to facilitate the commission of another illegal act, the actions of the perpetrator are considered according to the commented norm in conjunction with the relevant provisions of the Special Part of the Code.

Important point

Dangerous violence should be considered intentional actions that entailed the infliction of grievous or cf. the severity of the damage, as well as slight damage, provoking a short breakdown or a slight permanent disability. In this case, additional qualifications according to the relevant norms of the code on crimes against health and life are not carried out.


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