Small theft. The Code of the Russian Federation on Administrative Offenses

Under certain conditions, fraud, embezzlement, misappropriation, theft are not criminal offenses. Corresponding circumstances establish the code of the Russian Federation on administrative offenses. In the normative act, there is a provision according to which sanctions are imposed for such actions, which are milder than in the Criminal Code. At the same time they are recognized as petty theft. Article 7.27 regulates the rules for the use of punishment in committing such an offense. Let's consider it in detail.

Art. "Minor theft"

For fraud, embezzlement, theft, misappropriation of material values, the value of which is not more than 1 thousand rubles. Is assigned:

1. A fine of up to five times the value of items, but not less than a thousand rubles.
2. Mandatory work of up to 50 hours.
3. Arrest up to 15 days.

The Code of the Russian Federation on Administrative Offenses extends to the specified acts if they do not contain any signs of crimes established by the following norms of the Criminal Code: 158, 159-159.3 and 159.5-159.6 in Parts 2-4, and 158.1 and 160 (Parts 2-3 ).

Aggravating circumstances

The art. The Code of Administrative Offenses of the Russian Federation establishes sanctions for illegal acquisition of material values by fraud, theft, misappropriation, embezzlement, cost more than one, but less than 2.5 thousand rubles. Guilty in these cases threatens:

1. A fine of up to five times the price of items, but not less than 3 thousand rubles.
2. Arrest for 10-15 days.
3. Mandatory work up to 120 hours.

In the composition of the acts, there should be no signs of crimes established in the above rules of the Criminal Code.

Note

In accordance with the Code of Administrative Offenses of the Russian Federation, petty theft is recognized as such if certain conditions are met. In particular, the value of illegally appropriated material assets should not be higher than the minimum wage. The minimum wage is set at the time when the offense was committed in accordance with the law.

Comments

Theft of property is an unlawful free of charge exemption or circulation of material assets belonging to other persons in favor of an attacker or other entities that causes damage to the owner / other owner. Depending on the value of the objects to which the encroachments were committed, as well as a number of other circumstances, punishment is chosen for the perpetrators. Criminal sanctions are established by the rules of the Criminal Code (158-162, as well as 164).

The objective part

Minor theft of someone else's property acts as an encroachment on the attitude of property, formed as part of the use, possession and disposition of valuables. They include material objects endowed with a specific value, in the creation or production of which human labor is invested, and capable of meeting the specific needs of the subjects. Fine theft can be committed in relation to tools, means, products of production, securities and money. As practice shows, the most popular among criminals use paints, building materials, parts, different tools. Often the objects of encroachment are components, finished goods, semi-finished products.

Nuance

The responsibility for petty theft does not extend to cases of misappropriation of information, electricity and heat, documents and objects that do not have value expression, to which human labor has not been invested. The composition of the misdemeanor is not formed when the objects that are threatened by public safety are removed from possession. Such objects include narcotic / psychotropic compounds, weapons, ammunition, radioactive and other substances.

Specificity of qualification

To imposition of punishment it is necessary that petty theft was committed against objects not belonging to the perpetrator. The illegal removal of items that are jointly owned by an intruder and other persons will not qualify under the considered norm 7.27. When imputing a penalty for petty theft of property it will not matter on what (legitimate or not) grounds the material values were at the victim.

Required trait

Minor theft in all cases causes damage to the owner of material values. Harm is in reducing their actual volume. This is the public danger of misconduct. The owner loses the opportunity to use, dispose of a certain part of his benefits. However, in so doing, he continues to enjoy the rights to illegally confiscated material values.

The amount of damage

The act will be classified as petty theft if the cost of illegally seized items is not more than 1 minimum monthly wage. The amount of damage is set in accordance with the price of the objects. It, in turn, is determined depending on the circumstances under which items were acquired, taking into account market, retail or commission prices that existed at the time of the commission of the act. In case of impossibility to establish it, the cost is formed during the examination.

Special situations

The legislation provides for cases when petty theft is qualified as a criminal offense. These include acts that are committed:

1. A few persons by prior agreement.
2. A subject previously convicted of theft.
3. An organized group.
4. Repeatedly.

Some explanations for special cases are given in the Decision of the Plenum of the Supreme Council No. 29 of 27.12.2002. The document says that theft of property for any amount, including less than 1 minimum monthly wage, is qualified as a criminal offense if it was committed from a home , Premises, another storage facility and was accompanied by illegal penetration.

Specificity of undue withdrawal

Minor theft is an illegal acquisition or circulation of material values in favor of an attacker or other entities. The deed is considered completed at the time when the person is given the opportunity to dispose of or use the seized item as his own. Finished will be a violation, when access will be received by other persons (friends, relatives of the guilty and other citizens).

Classification

As noted above, embezzlement can occur in the form of fraud, embezzlement, misappropriation, theft. The latter method is considered the most common in practice. Theft is a secret theft of material assets belonging to other persons. The guilty person seizes the property discreetly from the owner, the employee of the enterprise, under the protection or in charge of which the objects are located, or other subjects that could prevent unlawful seizure. The qualification will not take into account whether the attacker was an outsider to the organization where he committed the act, or works in it and has access to the objects of encroachment. Theft will be considered a completed violation from the moment of undue withdrawal of valuables, that is, when in fact the owner has lost the opportunity to use and dispose of them.

Fraud

Illegal seizure of property can be carried out by deceiving a person. In this case, the perpetrator deliberately distorts or conceals the truth, reports untrue information or deliberately fails to mention the facts, the mention of which is obligatory. As a result of such actions, an attacker gets access to the property of a citizen who is misled. For deception, fake documents are used. This can be forged cash receipts, for which the guilty person receives the goods, lottery tickets, etc. Deception can be carried out with the use of uniforms by a citizen who does not have the right to wear it, by transferring another item similar to the agreed but worst quality, and so on . Another way to commit fraud is to abuse trust. It, in fact, can be considered as a form of deception. The guilty person misleads the citizen by using the confidential relations established between them, abusing it.

Assignment and misappropriation

Thefts are often committed not by outsiders, but by entities that have the right to dispose of property. In this case, there is a waste or appropriation. Their difference from the theft is the fact that the attacker uses the powers available to him to commit the theft. In this case, the perpetrator withdraws material values from the funds of organizations, from owners through non-refoulement and improper retention. The right to dispose can be transferred to an attacker on different grounds. For example, it is granted by virtue of its duties to freight forwarders, storekeepers, cashiers, sellers and so on. Eligibility may be acquired under the terms of the contract. Small embezzlements, which are committed by embezzlement or appropriation, have many common features. The main criterion, which unites them, is that material assets are found by the perpetrator in lawful possession even before the commission of illegal actions or he has the rights of operational management / economic management. However, between embezzlement and appropriation there are many differences. In particular, the latter presupposes the withholding (withdrawal) of material assets that are in the lawful possession of an attacker for subsequent treatment in their favor or transfer to other citizens. In this case, there is a transition from a lawful order to an unlawful one.

In the case of embezzlement, the attacker not only restrains material assets belonging to other entities. He also illegally spends his property. In particular, the perpetrator may sell, use or otherwise expend material values. For example, as a deed, a fact is recognized when a supply department employee spends on the organization's own funds and does not return them.

The subjective part

As guilty of petty theft, a sane citizen of 16 years old can act. The subjective part of the misdemeanor is a selfish goal and direct intent. The perpetrators realize the fact of theft, foresee the harm that will be done to the owners. However, in this case, intruders want to take possession of material values or provide them to others. Motives for theft may be different. For example, misdemeanors are committed to purchase alcohol, to repair a house and improve the home or use to meet other personal needs. The cases of embezzlement on the basis of protocols issued by authorized law enforcement officials are examined in the world court.

Conclusion

It should be said that the line between administrative and criminal acts in the sphere of theft is quite subtle. The main criterion by which the qualification is carried out is the value of material values that have been illegally appropriated. In this process, the circumstances of the act are taken into account in the proceedings. If, for example, it was repeated, then theft becomes a criminal offense. Similarly, the seizure of valuables, the value of which, within the limits prescribed by law, is realized with penetration into a dwelling or other premises. When considering a case, the subject's motives will not matter. The main thing is that it is established that there is a selfish motive and intent.