Theft is ... Responsibility for theft

Such a concept as "embezzlement", the Criminal Code clarifies in a note to art. 158. This term covers a number of crimes against property. Let's consider further in detail what the theft of someone else's property is.

Terminology

Theft is a free illegal seizure and circulation of property belonging to other persons in favor of the guilty or other subjects. This act is always committed for mercenary purposes. Theft of the Criminal Code includes signs of the composition of such crimes as fraud, embezzlement or appropriation, robbery, robbery, theft.

An object

Theft is an encroachment on property. The object of the crime, therefore, is the relationship associated with the turnover of property. The Constitution establishes and guarantees the right of municipal, private, state and other forms of ownership. As a result of illegal actions of the subject, the legal owner loses the opportunity to use his property or dispose of it at his own discretion.

Subject

He is always material. As a subject can not act views, ideas and other objects that are devoid of material expression. The encroachment on the results of intellectual work can be regarded as a violation of copyright and related rights, but not as embezzlement. This rule applies to thermal and electronic energy, since it does not have natural physical parameters. The object of encroachment is any thing in the material world, the creation of which used human labor, which has spiritual or property value. Its expression is value, not monetary valuation.

The most common is the theft of funds, property, securities. The latter, for example, include bills of exchange, state bonds, savings or deposit certificates, shares, checks, etc. Their theft of the Criminal Code defines as a completed crime. The seizure of valuable registered papers, registered savings books, etc., is regarded as preparation for a crime. As objects of encroachment, tickets for travel by rail, air, city, water transport, single tickets, coupons, etc. serve. They are considered money equivalents and means of payment for receiving certain paid services. The object of encroachment may be property that is in circulation or completely / partially withdrawn from it.

Exceptions

Illegal seizure of documents that are not means of payment, if they confirm the right to receive property, is considered preparation for a crime. Such securities include, for example, invoices to be paid, invoices, commodity checks, baggage receipts, tokens from the wardrobe, etc. These objects are not objects, but means of committing theft.

Natural resources

Resources in their natural state can not act as an object of encroachment. But, according to the explanations of the Plenum of the Armed Forces, the illegal seizure of forest products in the relevant areas, fish, poultry, wild animals that are grown in special reservoirs, enclosures and nurseries, constitutes the crime. The court explains its position by the fact that human labor was applied to these natural objects. In this regard, they received exchange value.

Rights to the seized

The subject who committed the theft, owns, disposes of and uses the property. Despite this, he does not become a legal owner. The legal owner does not lose his rights to illegally confiscated items from him. The selection of property that is disputed by a citizen or organization is not considered a theft. This act may fall under other articles of the code. For example, such an exemption can be qualified as arbitrariness.

Gratuitousness

It involves the free seizure of property, seizure without adequate compensation or with inadequate compensation. Gratuitousness can be expressed in an illegal markdown of a product, the culling of an industrial good, replacement of objects entrusted to the guilty party with less valuable ones. It is this exemption that causes the emergence of dangerous consequences in the form of causing the owner of property damage. The responsibility for the theft occurs when the property is turned in favor of the offender or third parties. If this does not happen, then, even if there is property damage to the owner, there are no signs of the crime in the conduct of the guilty person. This, for example, can take place when the abducted person is killed. For a completed crime, it is not required that the subject begin using the item. It is enough to receive such an opportunity.

The subjective part

It assumes the existence of a direct intent aimed at seizing property. The subjective side is also formed by selfish aims and motives. Their essence consists in the aspiration of the malefactor to satisfy his material needs by taking away another's property, to which he has no legal rights. The mercenary goal is also present in the case of the circulation of objects in favor of the offender, and in transferring them to third parties in whose property the offender is interested. The subject of theft may be an imputable citizen who has reached a legal age. It depends on the form of the crime. So, as a subject of theft, committed by robbery, theft and robbery, individuals can act from the age of 14, embezzlement, fraud, misappropriation - from 16 years.

Damage

The property damage caused to the rightful owner of the property must be connected with the unlawful behavior of the attacker. Compensation for damage or the return of illegally seized items does not absolve from liability. However, such actions can serve as a basis for mitigating punishment.

Conclusion

Thus, while committing theft, mercenary goals are always associated with the illegal seizure of someone else's property with subsequent treatment in favor of the person directly guilty or third parties. Contributors of such a crime may act for other reasons. For example, due to material dependence, due to kinship or friendship. However, in any case, they must understand the mercenary nature of the conduct of the immediate performer. Criminal legislation differentiates the responsibility for theft in accordance with the way it was committed. It is fixed in the relevant norms (159, 161, 162, 160, 158). Embezzlement is also considered to be an illegal seizure and treatment in favor of the guilty or other persons of items that have special value. In this case, the method of committing a crime will not matter. Responsibility for it comes under art. 164.