Theft: Article of the Criminal Code of the Russian Federation No. 158. Secret theft of someone else's property

Theft of someone else's property is punishable by law. Criminal law contains a special rule, in which the penalty for such an act is established. Consider further the signs of the act, the sanctions for the perpetrators. At the end of the article some recommendations will be given to prevent thefts at enterprises.

Article for theft: the general composition

For theft, the subject faces:

1. Obligatory work. Their duration is up to 180 hours.
2. Arrest up to 4 months.
3. Corrective labor from six months to a year.
4. Imprisonment up to 2 years.

In the norm there is one more punishment. It is considered the softest. It's fine. For theft from the subject can be recovered up to 80 thousand rubles. Or an amount equal to his salary (other income) for six months.

Qualifying composition

Subjects can steal differently. Article of the Criminal Code of the Russian Federation in part 2 sets the penalty for theft:

1. A group of subjects who had conspiracy.
2. With illegal penetration into the storage or other premises.
3. With causing the victim substantial harm.
4. From the bag (other hand luggage), clothes that were on or with the injured.

For such theft, the article of the Criminal Code establishes:

1. Compulsory work for 180-240 h.
2. Cash collection of up to 200 thousand rubles. Or equal to s / n (other income) for 1.5 years.
3. Correctional labor for 1-2 years.
4. Conclusion in prison up to 5 years.

Aggravating circumstances

Subject can commit theft:

1. Illegally entering the living room.
2. From gas, oil pipeline.
3. In the amount considered large.

For such theft, the Criminal Code of the Russian Federation imposes:

1. Monetary collection from 100 to 500 thousand rubles. Or equal to the income / salary of the convicted person for 1-3 years.
2. Imprisonment for 2-6 years.

In the latter case, an additional pecuniary punishment may be imposed up to 80 thousand rubles. Or in the amount of income / salary for six months. Theft can also be committed in the amount recognized as a particularly large or organized group. For such theft, an article of the Criminal Code provides for imprisonment for 5-10 years. In addition, the guilty can be imputed a pecuniary penalty of up to 1 million rubles. Or equal to the income / salary for a period of up to 5 years.

Note

Theft of another's property is a gratuitous illegal treatment in favor of the guilty party, third parties or the seizure of material assets belonging to other entities that caused damage to the owner or owner. These acts are committed for mercenary purposes. Significant harm is established in accordance with the material situation of the victim. However, it can not be less than 2.5 thousand rubles. The size considered to be large, will be the value of material values above 250 thousand rubles, especially large - more than 1 million rubles.

Article 158: Commentary

Material objects are the object of encroachment . The object of an unlawful act is property relations. Theft is a crime with material composition. The subject of encroachment may be:

1. Money.
2. Things that are created by human labor and have spiritual or material value.
3. Documents acting as the equivalent of money.
4. Securities.

Theft can be documents of an intangible nature that do not have value, but provide an opportunity to receive property. For such securities, for example, carry invoices, baggage receipts. Their theft for the purpose of subsequent use for the circulation of property in favor of the guilty or third parties qualifies as preparation for fraud.

Gratuitousness

Article 158 establishes a number of mandatory signs of the act. One of them is gratuitousness. Only this kind of withdrawal can cause damage to the victim (the rightful owner). In the absence of material damage, the act will not be considered as theft. For example, a subject confiscates property, in return providing an equivalent in value object or monetary compensation.

The purpose of theft

Article for theft indicates that material values can be seized illegally for subsequent treatment in favor of the perpetrator or other (third) persons. The subject who has stolen the thing does not officially become its owner, however, in fact, it owns it, disposes of it, uses it as its own. In this regard, it is necessary to distinguish even petty theft from the temporary mercenary use of an object belonging to another person. In the latter case, the perpetrator uses and owns the thing, but does not dispose of it.

Attempted theft

Theft will be considered completed if the perpetrator has the ability to dispose of or use seized property. If the subject has committed certain actions and only managed to seize the object, but he did not manage to dispose of it for reasons beyond his control, his behavior is regarded as an attempt on theft. As an exception, in this case there will be robbery. It is considered completed since the attack to steal property in the presence in the act of a person of the signs established by Art. 162.

Material damage

He acts as one of the signs of the objective part of the crime. Material damage is associated with the forcible removal of material values. For petty theft, committed by fraud, theft, embezzlement, misappropriation provides for administrative liability (Article 7.27 of the Code of Administrative Offenses). Material damage caused to the owner of a thing must have a causal connection with the actions of the subject who committed the wrongful act. In the course of resolving the issue of the absence or presence of a crime, the opinion of the owner of the stolen object is not taken into account whether property damage has occurred and whether the perpetrator should be held accountable. The value of unlawfully seized property is determined on the day of the commission of the crime. The amount of material damage is established as of the date of the decision on recovery with subsequent indexation.

Part Three

It establishes liability for theft, accompanied by illegal entry into housing or in the amount considered large. The first concept should be understood as an apartment building with premises included in it (non-residential ones as well), regardless of the form of ownership, suitable for permanent or temporary residence there. To the same category include composite structures of the structure, intended for storage of things, rest, satisfaction of other economic needs. The size of several thefts by one entity will be considered large if it complies with the amount established by law. When determining it, the valuation of the stolen valuables is assessed.

The subjective part

Only the person who has the legal powers of the owner or other possessor of material assets can act as a victim. The secret seizure of the entrusted thing is regarded as an appropriation. The subjective sign of a crime is expressed in direct intent. According to the meaning of the norm in question, persons who committed theft in the group act as co-executors. Each of them will respond in full, regardless of the size of the share attributable to it.

Recommendations

Theft can be committed in a shop, in an enterprise, in public transport, in a bank and in other places. How to deal with theft? Experts recommend developing a specific plan of measures aimed at preventing illegal actions. Undoubtedly, its compilation should be carried out taking into account the characteristics of the collective, the enterprise, and other circumstances. For example, the protection system in the factory and in the trading hall will have significant differences. Nevertheless, it is possible to identify some general recommendations:

1. Development of local regulatory documents. The established rules must be prescribed in special documents. Each subject should familiarize himself with them. At the enterprise the big attention should be given to regulations of work, the maintenance of duty regulations. Of no small importance is the system of individual and collective liability. The development of local acts is mainly the prevention of theft.
2. Formation of the control and accounting system. The head of the company should always be given access to information about the products at each level of its movement. This will not only control the production process, but will also provide an opportunity to conduct its sudden verification. Employees, in turn, if such a system exists, will understand that any unlawful action will necessarily be revealed.
3. Checking for a new employee. When applying for a job, the candidate provides a specific package of documents. They need to be checked for authenticity. In addition, it is advisable to inquire about the previous place of work, to request a description of the employee from there. It is mandatory to identify bad habits of a person. In particular, the attraction to gambling, drinking, etc. is of particular importance.
4. Careful selection of employees in the management apparatus. It must be remembered that in any enterprise the administration acts as a standard, a model. She sets the tone in the work. Managers contribute to the creation of the image of the general director, form the attitude of employees to the head of the company. That is why in the administrative apparatus there must be trusted, and most importantly, honest people.
5. Identification and harsh criticism of theft. Cases of finding a violation and identifying the perpetrators must be made public within the collective enterprise. The manager should develop a scheme, according to which he will have the opportunity to get rid of negligent employees as soon as possible. In such cases, exceptions and indulgences can not be made in any case. If strict rules are established in local acts, specific measures aimed at combating theft are envisaged, they must be strictly enforced.

It should also be noted that in dealing with staff it is extremely important to adhere to ethical standards. In the process of counteraction and bringing to justice of employees caught on theft, one must not offend or in some way infringe upon the rights of honest bona fide employees. Punishment should be provided only for the perpetrators.