Art. 158 (part 1) of the Criminal Code of the Russian Federation what punishment does it provide?

Theft may be open or secret. In the first case it is a question of robbery. In the second - about theft. In Art. 158 part 1 describes in detail the penalties for committing a secret theft. What does the word "theft" mean in judicial terminology? What kind of liability is provided for a person who committed such a crime?

Own

The unstable state of the economy in the country leads, as you know, to an increase in crime. In this situation, the most common are acts against property. In the Civil Code, three forms of this economic category are identified:

• State;
• Municipal;
• Property owned by citizens.

Each of them is protected by law. But theft of property is a type of criminal activity, which is the most common in the territory of Russia. Theft, as already said, has a secret form. The penalty for such an act is provided in art. 158 Part 1. However, in this part of the criminal article we are talking about a crime whose judicial examination did not prove a preliminary collusion, causing significant or major damage or other circumstances capable of adding to the perpetrator several years of imprisonment.

Other types of theft, for which the offender carries a more severe penalty, are described below. But before proceeding to the objective and subjective aspects of this criminal article, we should say a few words about the prerequisites that lead to the growth of such acts.

Why do such crimes occur?

The fact that theft (Part 1, Article 158) is a very common crime, indicates a decline in the overall standard of living, unemployment and inadequate protection of the population. As a result of certain economic processes, a growing number of people appear in the society who are capable not only of such unlawful acts, but also organize their "activities" extremely cohesively.

The situation is aggravated also by a social phenomenon, such as the emergence of refugees and visitors, data about which are not contained in the bases of law enforcement agencies. If it is a crime under art. 158 part 1, the strictest punishment for him is two years. But participants in the activities of criminal groups specializing in theft, of course, are in for a more severe measure. The maximum period for the act, which is mentioned in the second part of the above-mentioned criminal article, is five years.

Insufficiently high work of the investigative apparatus can be caused by the following factors:

• Shortcomings in the organization;
• Weak scientific and technical base;
• Low effectiveness of tactics.

The concept of

Theft is often called a property crime. In Art. 158 part 1 says that theft is exactly the secret kind of this deed. The methods that are used in the implementation of criminal acts include:

• Seizure;
• Possession;
• Use for own purposes.

Unlike robbery, this kind of theft is carried out secretly, and therefore does not carry a potential threat to the physical condition of the victim. Theft (Article 158, part 1 of the Criminal Code) is made more often in the absence of the owner of the property. If the victim is present at the commission of this crime, he either does not notice it, or is in a state of unconsciousness. In the first case we are talking about pocket theft, which is usually done in public transport and other crowded places. In the second - about a crime, which is a secret seizure of property from a person who is unable to assess what is happening. Such a state can be caused by:

• Sleep;
• Being in heavy alcoholic intoxication;
• Mental illness.

Symptoms

Features of theft - wrongfulness, gratuitousness. What do these concepts mean? When a criminal commits a theft, he takes possession of property, but in the legal sense his owner does not become. Such remains the victim. At the same time, the perpetrator of this crime acts, undoubtedly, not intending to return the stolen goods in the future.

The presence of such signs in the establishment of the act, which is provided for in Art. 158 part 1 of the Criminal Code of the Russian Federation, plays an important role, since in the judicial practice there have been cases when a person committed actions reminiscent of embezzlement only by external characteristics.

The objective side

Theft is a property crime. The object of the act, which is provided for in Part 1 of Art. 158 CC, is an object possessing material values. The appropriation of intellectual property is also prosecuted by law. But for such crimes, the perpetrators are punished according to other criminal articles. Theft is always material. What can not be said, for example, about the object of the crime under art. 146 of the Criminal Code.

The subject of theft also can not be electrical, thermal energy and natural resources that are in a pristine state.

Forensic characteristics

The crime to which art. 158 parts 1 RF, characterize the following features:

• Presence or absence of preliminary preparation;
• Method of commission;
• Hiding techniques;
• Place and time;
• The subject of the crime;
• Personality properties of the subject.

If it is a question of the planned criminal actions that are committed by a group of people, then preparation for theft involves a whole range of activities. This includes the selection of participants, and the development of channels for the sale of stolen property.

Researchers believe that the overwhelming number of crimes, referred to in 1 st. 158 30 pp. 1-4, are committed only after a thorough preliminary collection of information. In the court practice there were also cases when several participants of the group observed the object for a long time, carrying out this activity using various technical means (binoculars, a telescope). At the same time, the criminals recorded and collected the information systematically and scrupulously.

Equipment

About such a crime as ordinary theft, it is said in art. 158 h. 1. Punishment for him may be limited to a fine. The minimum size, in case the guilt is proven, is eighty thousand rubles. But here we are talking about a crime that was not prepared in advance, and was committed by only one person. If the theft is carefully planned by a group of participants, then each of them will be punished, of course, more severely. The minimum fine is two hundred thousand rubles. In respect of a group of persons who committed a theft in a particularly curious amount, such a measure as imprisonment up to ten years is envisaged.

It should be said that modern thieves are equipped in accordance with the latest developments in technology. They have vision devices in the dark, disk cutting devices and other latest tools. They should not be spread over a mild sentence. Part 1 of Art. 158 states that the accused, who is familiar with such a serious system of preparation for the commission of a crime, is punished with all the severity of the law (within the framework of the said article, of course).

Storage and marketing

As a rule, after committing a crime, experienced thieves do not begin to draw up a further plan. Everything, as a rule, is thought out in advance. Most of the criminal cases are revealed precisely through the channels of sale of the stolen goods. Before preparing for the theft, criminals prepare the necessary documents in advance, with the help of which they intend to realize stolen property in the future. But it is this preliminary careful preparation that leads them to the dock and increases the length of time they are behind bars.

Ways

In the second part of the criminal article it is said that if the offender committed a wrongful act, having penetrated into the home of the victim, he faces up to six years of imprisonment. In fact, it is on this basis that all such crimes fall into two categories: burglary or without burglary. But almost half of these acts are carried out without overcoming any obstacles. In judicial practice, there was a case when a professional thief committed more than thirty secret embezzlements, penetrating into enterprises, organizations and other institutions through the window and leaving the premises through the door.

Concealment of theft

In most cases, the concealment of this crime is part of the method of committing the theft. More than half of the criminals who are currently in prison have claimed that their actions aimed at destroying the theft were considered early in the development of the plan.

In cases where concealment is a separate independent action, after committing a crime, a thief often seeks to leave a settlement, city or even a country. He also tries to destroy guns and traces of crime, to sell stolen property in the shortest possible time. This approach is "unprofessional" in the criminal world, and therefore the disclosure of crimes of this kind is not particularly difficult for law enforcement officers.

Punishment

The number of years in prison may be the person who committed the theft, said above. The article on secret theft includes four parts, each of which describes the circumstances and ways of committing a crime. The most severe punishment threatens those who are accused of participation in group theft of a particularly large size (and whose guilt, naturally, is proved). This term should be clarified. In the Criminal Code there are concepts of "large size", "especially large size." In the first case, it is a matter of material damage, estimated at an amount of two hundred and fifty thousand rubles. A particularly large size is one million rubles.

Could the convict under art. 158 part 1? Amnesty primarily concerns women and people of advanced age. Prosecutors for a certain number of criminal articles may also count on early release or reduction of the term of imprisonment. Among them - convicts under art. 158 ч. 1. But those who are guilty of the crimes specified in other parts of this article, can not apply for an amnesty. The same applies to prisoners serving time for committing crimes against the individual.

Arbitrage practice

The range of objects that are the objects of such crimes as theft is extremely wide. Secret thefts occur so often that the owners do not always react properly to them. The application to the police on the fact of committing a crime is made only by those citizens whose material damage can be called significant. By the way, the judge determines the "significance" of the damage. This indicator depends on the welfare of the victim. But in any case, the significant damage can be estimated in an amount not less than two and a half thousand rubles.

Today, a huge number of thefts occur in shopping centers and large stores. Typical examples of this crime include small theft in supermarkets, which occur quite often. In such cases, the offender may be punished in the form of administrative arrest. For example, if a thief who, while in a supermarket, stole goods for a small amount (two hundred to three hundred rubles), the court qualifies such an act as an administrative violation. The absence of a criminal past and a small amount of damage are circumstances that usually act as mitigating factors.