We live in a time when various crimes constantly occur. Some of them are committed thoughtlessly, in a fit of anger and passion, and there are those that criminals have been planning for a long time. Even criminal liability does not stop the immoral elements of society from committing a crime. Consider what constitutes criminal acts against property, the concept, forms and types of theft.
Concept of theft
If you study the law, then theft refers to any criminal acts against property, whether public or private. Article 158 of the Criminal Code contains an addendum in paragraph 1, which defines theft. Under this action is understood the complete illegally gratuitous seizure with mercenary purpose of another's property.
All types of theft are distinguished by a mechanism of crime, which is always associated with a violation of property rights.
Signs of another's property
In order to understand where the right of ownership will be violated, it is necessary to know the distinguishing features of other people's property, and they are as follows:
- Property sign. Means that any property is an object of the material world.
- Economic sign. Personal or government assets recovered from natural resources have some value. For example, securities and cash can also be attributed to theft.
- Legal indication. The culprit of the crime is not the owner of the property that he is trying or has already stolen.
Objective signs of theft
Considering the concept and types of theft, it is possible to highlight the signs of these crimes. Allocate: objective and subjective. Objective include:
- Wrongfulness. The culprit does not have the right to possess this property, and such actions are prohibited by law.
- Gratuitousness. The offender takes the property of others and does not compensate for its value.
- Withdrawal. The property is excluded from the property of the injured person and passes into the possession of another person.
- Appeal. The kidnapper begins to use someone else's property as his own.
There are some differences in the number of signs of different crimes. For example, if theft, robbery or fraud is committed, then there is a seizure of property in favor of the offender. The waste and appropriation are characterized only by the conversion of another's property in his favor.
Someone else's property is things that belong to the material world, so even ideas, information can become an object of theft. Human labor is invested in them, which means that they have a certain value.
Theft is considered completed if the offender seized the property and has the ability to use it.
Subjective signs of theft
Such crimes also have subjective signs, these include:
- Direct intent of the offender.
- Selfish motive. The criminal element of society is trying to turn not their property in their favor.
Theft
This is someone else's property that is not the property of the perpetrator. Things of the material world that have value, since human labor is invested in them.
The subjects of theft, regardless of the type of theft, include general objects:
- Movable property.
- Money.
- Securities, but registered in this category do not fall.
There is another category of items prohibited for circulation:
- Weapons, any explosive devices.
- Narcotic and psychogenic substances.
- Stamps, seals, documents.
- Radioactive materials.
- State awards.
You can steal not only property, but also the right to it, even if there is no external sign.
Forms and types of theft
Depending on the method and features of the crime, the forms of theft are distinguished in the Criminal Code:
- Theft. (158 Article of the Criminal Code)
- Fraud (Article 159).
- Assignment (Article 160).
- Rastrata (Article 160).
- Robbery (Article 161).
- Robbery (Article 162).
Each type of crime has its own characteristics and distinctive characteristics.
Theft
In Russia, thefts are committed quite often. They make up about 80% of the number of crimes against private property. Theft means the seizure of another's property without committing violent acts. Objectively consists of two elements: the seizure of property and its appeal in favor of other persons.
Theft is distinguished from other types of theft by a sign of secrecy. But it can be both objective and subjective.
- Objectively secret. Such theft takes place in the presence of the owner of the property, but because of his physiological state, he cannot resist the actions of the criminal. For example, a person is sleeping, is in a strong alcoholic intoxication. The second option is when property is seized with witnesses who do not even suspect that a criminal act is being committed.
- Subjective secrecy. The offender believes that he seizes someone else's property secretly, even if it is not.
Theft is always committed with direct intent. The guilty understands well that he is trying to seize someone else’s property illegally and free of charge, causing material damage to the owner.
Fraud
This is another type of property theft. The criminal takes possession of other people's values by fraud or as a result of abuse of the trust of the owner. In a market economy, this type of theft is quite common.
Variety of theft:
- An example of petty fraud is the substitution of money, goods, when one is advertised, but in reality the buyer receives a completely different one.
- More complex crimes are related to real estate, securities.
- Currently, this type of theft can be encountered at every step, not only in real life, but also on the Internet. One-day firms are constantly being created, which fraudulently attract the funds of citizens, and then disappear in an unknown direction.
- Illegal receipt of social payments on forged documents.
The specificity of fraud lies in the fact that the subject of a crime can be both other people's property and the right to it.
Cheating is a theft method and can be:
- Active. The criminal person deliberately misleads the owner of the property by submitting false documents.
- Passive cheating. The perpetrator of the crime is simply silent about some important legal points that should have been reported. The owner is simply mistaken about the legal grounds for transferring his property to another person.
Any fraud has a material composition. On the objective side, the main symptom is the infliction of property damage to the property owner.
Assignment and waste
These are two separate forms of theft. Assignment is the conversion of another's property in favor of the guilty without compensation. The appropriated property is at the disposal of the offender.
Rastrata is the gratuitous use of entrusted property of others or without the knowledge of the owner sale, donation, transfer on account of debt.
Assignment is the retention of property, and embezzlement is its cost.
Robbery
This type of theft, unlike theft, is committed openly. To recognize this, it is necessary that the owner or another person become witnesses of an unlawful act and the perpetrator of the crime understood that he consciously ignores this circumstance.
Robbery can be committed by force. In this case, the criminal person claims not only the property of others, but also violates the integrity of the person. Such acts fall into the category of serious crimes.
Robbery
Another type of theft of another's property is robbery.When this crime is committed, an attack is carried out using violent acts with the aim of taking possession of another's property.
Robbery is a serious crime, as there is not only the seizure of other people's property, but also an encroachment on the life and health of the owner. That is, the objects of robbery are, on the one hand, some property, and on the other, the health of the person who was attacked.
His criminals can commit openly or in disguise, while using toxic and intoxicating agents, a blow is delivered from cover or in the back.
By the nature of violent acts, robbery and robbery are qualified. Violence is not life-threatening - this is a sign of robbery, and acts that endanger the life of a person fall already under the article of the Criminal Code “Robbery”.
During the attack, criminals can use weapons.
Classification of theft by damage
We examined the types and signs of theft, depending on the nature of the crime, but the classification takes into account the amount of damage. Depending on this, the Criminal Code distinguishes the following types:
- Petty theft. The size of the stolen does not exceed 1000 rubles.
- Theft causing minor damage. The cost of the stolen should not exceed 2500 rubles.
- Significant damage is estimated at up to 250,000 rubles.
- Large theft. The amount of damage reaches 1 000 000 rubles.
- Particularly large thefts involve damage of more than a million rubles.
The larger the damage, the more severe the punishment.
Responsibility for theft
Previously, we examined the concept, signs and types of theft, and now it is necessary to dwell on the question of punishment for a criminal act. Responsibility for them is divided into:
- Administrative Implied for petty theft, which are committed by theft, embezzlement. The amount of damage in such cases should not exceed a monthly salary.
- Criminal Such liability arises from the amount of damage of 5 thousand rubles.
It must be clarified that if petty theft is committed more than once, then with a second crime the perpetrator faces criminal liability.
In our country, the law implies the protection of all forms of ownership, as well as the rights of citizens. The Criminal Code provides for criminal or other liability for committing a crime against private property.
Effective protection of property of citizens and the state is possible only with regular improvement of the legislative base and law enforcement practice.