Every day we hear from news on TV or from friends about the frequent cases of car thefts. Media and print media vying give advice on how to avoid this situation. But, unfortunately, no one is safe from this. In our article we want to talk about what punishment is provided by law for car theft. And also to understand the intricacies of the interpretation of some concepts.
Car theft or theft?
Imagine an unpleasant situation when in the morning a car enthusiast opens a garage to get his favorite car out and discovers that he is not there ... First thought: “They stole ... They stole ...” Of course, it makes no difference to a person whether they stole his car or stole it. The fact is that he doesn’t have it.
But it turns out that for representatives of law enforcement agencies, courts and, oddly enough, criminal elements, the concepts of “hijacking” and “theft” have a fundamental difference. Let us also understand the nuances of the terminology in order to know what is what. The fact is that the difference between these concepts is the basis of the criminal business.
Nuances of terminology
The hijacking in the literature is interpreted as the temporary possession of a car, in which there is no purpose of its theft. For example, if your friend took your car without permission to drive, then this offense will qualify as a theft. And if the same friend sold your car, redoing the documents, having interrupted the numbers, then this is a theft.
Of course, it’s not easier for you as a host. But, according to the law, these concepts are interpreted differently. And that means that the punishment for them is different.
Car theft (art. 166): how many years of punishment is prescribed by law?
Section 158 The Criminal Code of Russia for the theft of a car involves a fine. Its size reaches half a million rubles. And also a prison term (up to 10 years) is supposed.
And what threatens the car theft (Article 166)? How many years is provided by law for such an act? The prospects can hardly be called rosy:
- A prison term of up to 5 years.
- Fine. Its dimensions reach one hundred and thirty thousand rubles.
- Fine levied on salary or other income of the convicted person during the year.
- Conditional term up to three years (conditional restriction of freedom).
- Arrest from three to six months.
In general, article 166 is called “Illegal possession of a car or other vehicle without theft.” That is, the name itself indicates that it is a theft, not a theft.
The difference seems insignificant between the article for theft and for theft, even the punishment is similar, but this is only at first glance. The fact is that none of them has a lower limit, because it is established by the court.
Imagine the situation ... Professional car thief is detained at the time of the crime. What do you think he will say in court? Naturally, he does not admit that he was going to steal a car for further resale. It’s easier for him to say that he just wanted to ride. To prove that it was not theft, but theft, will be extremely difficult. And for the offender, this nuance will be of great importance. What do you think, how many years will they give for car theft (Article 166)? Often things get by conditional term and may even be limited to a fine.
And if the crime qualified under article 166, then it would be a completely different measure of punishment.
Even if scanners, master keys and other devices of professional authors are found at the crime scene, it is difficult to prove the real intent of the violators.After all, to prove the theft is to give the judge a reason to apply a harsher punishment, convincing him that the thief was stealing a car for further sale. Criminals have long been working on such schemes, when it is very difficult to convict them of something. If they take him at the crime scene, he’s just a car thief. Punishment (article 166 Criminal Code) for car theft is not very strict. And if they don’t catch it, then the car will be dismantled for spare parts or sold, changing the number plates at the same time.
Historical excursion
Where did such a convenient loophole for criminals come from? Theft of cars was strictly punished even before the war. But such a thing as hijacking did not exist at all. And it was regarded simply as petty hooliganism. In the postwar years, the number of cars began to increase sharply, and the number of violators grew with it. It was not difficult to borrow someone else's car and ride with the breeze. Nobody, as they say, was frightened by the prospect of a fine or deprivation of a bonus. Often, while intoxicated, hijackers became the culprits of serious accidents. For this reason, in 1965, it was decided to separate the concept of “hijacking” (Article 212 of the Criminal Code of the RSFSR). New article 212 provided for heavy fines for offenders and even sentences of imprisonment. Later, it turned into a modern 166 article. After such innovations, drunken rides on other people's cars became more rare. However, the lull did not last long.
The hijackers reappeared. A new criminal activity began to emerge. And after the split of the USSR, car theft turned into a huge business nationwide.
Modern realities
It’s no secret that the growth of crime is greatly influenced by the economic situation of the country, the standard of living of its citizens. Currently, every year the situation is becoming more complicated. If we turn to statistics, we will see that there is an increase in car theft. In 2000, 60,000 car thefts were recorded, three years later this figure exceeded one hundred thousand. In this case, the percentage of detection of such crimes decreases. Since 2000, it has decreased by almost thirty percent. Modern professional thieves are not too afraid of the punishment for car theft (Article 166). How many years have these people been engaged in their illegal craft ... Of course, they have long learned to circumvent the law.
The authorities are taking some steps. For example, they prepared amendments to article 166. The new version of the document already equates theft to theft. However, there are other factors that prevent the capture of criminals.
How to respond to the theft of your car
We do not want to give yet another “very” smart advice on how to behave in the event of a car theft. It is difficult to keep calm and think calmly, having discovered the loss of your property. However, in order to be able to apply at least Art. 166 of the Criminal Code, the correct reaction to car theft must still be present. Report the incident immediately to the police. You cannot drag out time.
The sooner the search begins, the greater the chance of finding a car. After all, the work scheme of criminals is so debugged that in a couple of hours they will drive it to a safe place and take it apart. Then it will be almost impossible to find a car.
Instead of an afterword
We devoted our article to such a topic as car theft (Article 166). How many years there have been cars and the demand for them, so many years there has been an ongoing struggle between owners and car thieves. Currently, a lot of anti-theft tools have appeared. Among them are alarms, mechanical locks, immobilizers, and even satellite systems for tracing an already lost car. In general, there is something to arm in order not to become easy prey for thieves. Therefore, choose the appropriate methods of struggle. Good luck!
