LawCriminal law

Art. 166 of the Criminal Code - what is the nature of the crime?

The Criminal Code contains an article explaining the responsibility for the misappropriation of another's car or other vehicle without the intention to kidnap it. Such an act is defined as hijacking. Art. 166 of the Criminal Code contains four parts. Consider them.

Art. 166 of the Criminal Code

The composition of the crime excludes the intent of theft of property. This means that the act is limited only to illegal possession. As punishment Part 1 of Art. 166 of the Criminal Code establishes:

  1. Up to 5 years in prison.
  2. Arrest to six months.
  3. Up to 3 years of restriction of freedom.
  4. Penalty up to 120 thousand rubles. Or in the amount of income (s / n) of the perpetrator for a period of up to a year.
  5. Forced labor up to 5 years.

Qualifying signs

Specified in the first part of Art. 166 of the Criminal Code of the Russian Federation, an act of a group may be committed by prior conspiracy or by a person using violence that does not pose a threat to the physical condition of the victim or threatens to use it. The punishment for such perpetrators is toughened. The sentence under art. 166 of the Criminal Code under aggravating circumstances may be as follows:

  1. Up to 7 years in prison.
  2. Forced labor up to 5 years.
  3. Penalty up to 200 thousand rubles. Or in the amount of wages (income) for a period of up to 18 months.

Note

The Constitutional Court, in its Resolution of April 7, 2015, recognized paragraph "a" of part two of Art. 166 of the Criminal Code contradictory to the constitutional provisions insofar as it does not allow to provide guilty to compensation for property damage caused to the owner of the vehicle in connection with the illegal seizure and subsequent theft by an unidentified entity.

Additional signs

In part three of Art. 166 of the Criminal Code defines additional aggravating circumstances. When committing an act specified in the preceding paragraphs, the organized group or causing particularly large property damage, the perpetrators are punished by serving a sentence in prison for up to 10 years. In case of using violence that is recognized as dangerous to health and life, or if there is a threat of its use, the subject faces up to 12 years of imprisonment.

Art. 166 of the Criminal Code with comments

Responsibility is established for the unlawful seizure of vehicles. This should be understood as full and partial misappropriation of property, as well as an unauthorized trip by car. Hijacking can occur in many ways:

  • Using an engine mounted on the vehicle.
  • Manually.
  • Evacuation.
  • Rollback and so on.

The objective part

It consists directly in the misappropriation of a vehicle belonging to another person, without the purpose of theft. As an object of the act art. 166 of the Criminal Code examines public relations, which are formed within the scope of the distribution and redistribution of property benefits. In case of illegal possession of the TS with the use of violence, the intent is directed to 2 facilities. The second in this case will be the health and life of the owner of the car.

Set of acts

In the event that a person who has committed the hijacking of a car or other transport without the intention of stealing, together with this illegally appropriates the property that is in it, his actions should also be qualified according to Art. 166, and other relevant criminal standards. When the vehicle is seized for its subsequent dismantling and unlawful receipt of its parts or the circulation of the vehicle for its own benefit or third parties, the act is qualified as embezzlement. Similarly, hijacking is considered with the aim of returning the property to the owner for a fee. Illegal seizure can be carried out either in secret for the owner or in an open way. In the latter case, the perpetrator makes the owner of the requirement to transfer the vehicle to him.

The subjective side

It is characterized by direct and, as a rule, concretized intention. Illegally capturing other people's property, the culprit understands the wrongfulness of his actions. As the subject of the crime is a physically capable person. Responsibility for the article in question comes from 14 years.

The act committed in the group

When the vehicle is stolen by two or more subjects who have previously agreed on this, the actions of each of them are regarded as complicity. Deed in such situations is qualified according to clause "a" of part two of the article under consideration without reference to art. 33 of the Code. It does not matter who exercised the actual control of the vehicle. If the theft was committed as part of a stable group established in advance to carry out one or more unlawful acts, it qualifies for part three.

Property damage

Especially large is the damage, which is expressed in serious damage to the vehicle. Such damage excludes the possibility of repairing defects, further exploitation of the car or other transport. Monetary damage is valued at the actual value of the property on the day of the crime. In case of unlawful seizure of transport with subsequent intentional destruction of the crime, the crime is qualified according to the totality of the acts. This provision is valid if, due to the said actions, the owner suffered significant damage, and the behavior of the perpetrator was not considered to be hijacking on the basis of causing the damage to the injured in especially large amounts.

Severe physical harm

Part 4 deals with an act committed with the use of violent actions, considered dangerous for the state of the owner of transport, or in case of threat of its use. Qualification for this feature is carried out if the behavior of the perpetrator caused physical harm to the victim of varying degrees of severity. Behavior of the attacker is considered in part 4 and in the case of light bodily injury, provoked a short disorder of health status or persistent insignificant loss of ability to carry out work. In these cases, it is not necessary to qualify the act under other relevant articles. In the event of death in the application of violence during the illegal seizure of transport, the crime is examined collectively under Art. 111 and art. 166.

additional information

Transport belonging to the accused can only be confiscated if used as an instrument of an intentional wrongful act. When a crime is committed by a subject whose guilt is recognized under art. 264, the car can not be considered a means by which illegal actions are carried out. In the unlawful seizure of transport to facilitate the commission of another criminal act, the behavior is qualified by the article in question in conjunction with the norms of the Special Part of the Code.

Similar articles

 

 

 

 

Trending Now

 

 

 

 

Newest

Copyright © 2018 en.birmiss.com. Theme powered by WordPress.