Article 160 of the Criminal Code: comments. Art. 160 p. 3 of the Criminal Code of the Russian Federation

In the Criminal Code there is an article punishing the perpetrators for misappropriation or embezzlement. Under this act should be understood the theft of property entrusted to the subject. Norm 160 of the Criminal Code of the Russian Federation formulate both the general composition of the crime and the three qualifiers. Let us consider them in more detail.

General composition

For embezzlement or appropriation of other people's property, which was entrusted to the guilty person, is appointed:

1. A fine of up to 120 thousand rubles. Or equal to the income / salary for a period of up to a year.
2. Up to 240 hours of compulsory work.
3. Up to 2 years of restriction in freedom.
4. Up to six months of correctional labor.
5. Up to 2 h. Imprisonment.
6. Up to two years of correctional labor.

Aggravating circumstances

Article 160 of the Criminal Code defines the following qualifying signs of a crime in the second part:

1. The action of persons in advance of collusion.
2. Causing significant harm to the victim.

For such acts in the norm 160 of the Criminal Code of the Russian Federation sanctions are established:

1. Up to 5 years of forced labor.
2. The fine is up to 300 000 rubles. Or at the rate of a two-year salary / other income of the convict.
3. Up to 360 hours of obligatory work.
4. Up to 5 years in prison.
5. Up to one year of correctional labor.

The deprivation of liberty may additionally be accompanied by its restriction to 1 g. The same provision applies to the appointment of forced labor.

Art. 160, part 3 of the Criminal Code of the Russian Federation

This part provides for punishment for persons who committed embezzlement or appropriation of property, using their official position, or on a large scale. Sanctions under art. 160, part 3 of the Criminal Code are as follows:

1. The fine is 100-500 000 rubles. Or in the amount of income / salary for 1-3 years.
2. Prohibition of staying in the positions established by the court or engaging in certain activities up to five years.
3. Up to 5 years of forced labor. In addition to this punishment, the perpetrator may be restricted in freedom for up to 1.5 liters.
4. Up to 6 years of prison. Additionally, a fine of up to 10,000 rubles may be imposed. Or income / salary of the subject for 1 month, as well as restriction of freedom to 1.5 years.

Part Four

The crimes envisaged in articles 1-3 of the article under consideration committed by members of an organized group or on an especially large scale, provide for up to 10 years of imprisonment. In addition, a fine of up to 1 million rubles may be imposed. Or in the amount of income / salary for three years, as well as restriction of liberty to 2 years. The latest sanctions are set at the discretion of the court.

Norm 160 of the Criminal Code: comments

Assignment or embezzlement, provided in the general composition, are equal to theft and have all of its characteristics. They act as ways to illegally take possession of other people's property. For embezzlement or appropriation, the fact of finding material values in the lawful use of the guilty due to his official or official status is inherent. Possession can be based on the contract (for example, on liability), other special assignment. All this determines the implementation by the guilty subject of the authority to manage, deliver, store, use, dispose of other people's property. Possession in this case must be distinguished from the availability of access to material values within the scope of the works performed, or due to other circumstances. Theft of property in these situations will be qualified as theft. Also, it is necessary to distinguish cases in which the subject, having turned material values in favor of other persons, acts for the implementation of the alleged or actual right. For example, a person assigns property to account for securing obligations that are not performed by the owner. If there are grounds established by Art. 330 of the Code, the behavior of the perpetrator can be qualified as arbitrariness.

Assignment

Norm 160 of the Criminal Code includes two methods of theft. Under misappropriation it is necessary to understand the illegal transfer of property entrusted to the subject in his favor. It is committed against the will of the owner and for mercenary purposes. Assignment at the rate of 160 of the Criminal Code is considered a completed crime, when possession of material values became illegal. In this case, the person, to whom the property is entrusted, began to carry out actions that are aimed at the circulation of things in their own favor. For example, by forgery the subject hides the presence of the specified material values. Also, the appropriation from the moment of non-fulfillment of the obligation to place money entrusted to the subject on the account of the owner will be considered completed.

Embezzlement

This is the second method of theft, stipulated in Art. 160 of the Criminal Code. Under embezzlement should be understood as illegal spending of money by the person to whom they were entrusted. It also includes any other forms of illegal direct consumption by the entity of the property transferred to it for its own purposes. As a result, money is literally wasted, and material values are being spent. These actions can also be manifested by the transfer of property to third parties. The embezzlement is considered a completed crime from the moment of unlawful alienation or consumption. In the event that the entity has spent part of the property (for example, money), and the rest has appropriated (fuel, for example), then the acts do not form a population.

An object

Acts included in Art. 160 of the Criminal Code of the Russian Federation, are aimed at public relations, which are formed within the redistribution and distribution of material wealth. The objective side of embezzlement or appropriation is to seize the property of others through direct expenditure. If, in doing so, things are replaced with less valuable, the damage will be determined in accordance with the cost of the actually seized.

The subjective part

For crimes that stipulate article 160 of the Criminal Code of the Russian Federation, an able citizen can be held accountable from the age of 16. The subjective side is usually a concretized intent. Assigning or squandering someone else's property, a person understands the gratuitous, unlawful nature of his behavior. On the intent of intent in each case of theft indicates the absence in the subject of a real opportunity to effect timely return of property to the owner, as well as attempts to conceal illegal actions.

Qualifying composition

It is established in part two of the article under consideration. Among the qualifying signs is the commission of the act by the group on a preliminary conspiracy and causing significant damage to the property owner. In the first case, we are talking about two or more persons who agreed in advance to commit an act. The significance of the damage that arose after the wrongful actions of the perpetrators is demonstrated by the importance of the consequences not only for the victim himself, but also for his close relatives. In this case, it is advisable to refer to the commentary to art. 158 of the Code.

Specially qualified species

Article 160, part 3 of the Criminal Code of the Russian Federation formulates a sign of the use of official position in the commission of a crime. Such entities include officials who have the characteristics specified in cl. To art. 285 of the Code. In addition, they should be understood as municipal or state employees who do not act as officials, and others that meet the requirements specified in cl. To Art. 201. The actions of accomplices, instigators, organizers of embezzlements or appropriation committed by a person known to them, using their status, are not qualified by rule 160, part 3 of the Criminal Code of the Russian Federation. In this case, the provisions of Art. 33 and 159 (parts of the third). The embezzlement or appropriation in a large amount is considered theft of property for more than 250 thousand rubles.

Organized group

It is understood as a stable association, created in advance to commit one or more unlawful acts. Such a group is distinguished by the presence in it of an organizer, the stability of its composition. Participants are assigned roles in the preparation and direct commission of crimes. Part 4 of the article in question also provides for such an indication as a particularly large amount of theft. The question of whether he is part of the crime is resolved according to paragraph 4 of approx. To art. 158 CC.