You will be surprised to know that small-scale thefts occur almost daily. Alas, people steal in supermarkets and shopping centers, that is, where self-service is involved. It is noteworthy that many are mistaken about the lack of consequences for such acts. In fact, theft of up to 1000 rubles has both consequences and penalties.
In the presented material, I would like to talk about what punishment is provided for theft of up to 1000 rubles. The provisions of which article guide authorized persons when choosing a measure of responsibility for an offense committed?
Basic provisions of Russian legislation on petty theft
In the legislation of the Russian Federation, petty theft in the amount of up to 1000 rubles is considered an administrative offense and is classified by investigators as petty theft. All issues related to the consideration of such cases are regulated by the provisions of the Code of Administrative Offenses of the Russian Federation.
There is one more significant nuance that will allow theft to be reclassified as a crime. When the thief managed to use the stolen goods before the fact of theft was discovered, then we will be talking about a completed crime. For example, if the offender ate a stolen product, then the act will already be regarded as criminal. Removing a product before it is used gives the person a chance to avoid punishment.
What is theft
In accordance with criminal law, theft refers to the secret theft of someone else's property. The key point in the definition is precisely the secret method of taking possession of a thing. The criminal must realize that no one is watching or aware of his criminal actions. For example, a thief carefully takes a wallet from the bag of an unwary tourist, while neither the victim himself nor the people around him see this.
This method of theft distinguishes theft from robbery, for example, when a drunken store visitor snatches a bottle from a display case and runs away. Even if the seller was distracted at that moment, but other buyers saw the thief, such actions will be regarded as robbery and not theft.
By the way, we will tell you more about theft in supermarkets here
It is worth noting that there are cases when, despite the fact that other people saw the theft, it will still be recognized as theft:
- The witnesses are friends of the thief, and he knows for sure that they will keep the kidnapping a secret;
- The thief himself does not realize that someone is watching his actions, for example, the criminal emptied the pockets of a man sleeping on a bench, and this was seen from the balcony by a tenant of a high-rise building.
What consequences does the Code of Administrative Offenses of the Russian Federation provide for the violation committed?
For an administrative violation of this procedure, punishment is provided for, as for petty theft. Details are described in Art. 7.27 of the Administrative Code and look like this:
- As a specific measure of liability, a fine of up to five times the value of the stolen goods, but not less than 1,000 rubles, may be chosen. As a result, the fine for shoplifting depends on the value of the item stolen. Even if the goods are not worth much, the thief will be required to pay a fine of at least 1,000 rubles. An alternative punishment is arrest for a period of 15 days.
- Some nuances arise when the act was committed by a teenager, not older than 16 years. The fine will be paid by the parents, and the violator will be registered with the appropriate authority.
- When a criminal act was committed by a group of persons, the determination of the measure of responsibility occurs on the basis of Part 3 of Art. 30 of the Criminal Code of the Russian Federation. Punishment is imprisonment for a term of up to ¾ of the possible sentence under this article.
For theft of more than 1000 rubles, a criminal case is opened. The total value of the stolen property is calculated at the purchase price. For a larger theft, the punishment can be much more serious - from 80 thousand rubles and up to five years in prison.
Attempted theft: liability
In the case where the criminal has the opportunity to complete the theft process, but then his actions stop, in court such behavior of the criminal can be defined as a refusal to commit the crime. The court will take into account the following:
- voluntariness of renunciation of crime;
- no attempts to repeat it;
- conditionality of refusal from further criminal actions (the person remembered the criminal punishment).
If the crime was not completed for an objective reason, such as a powerful lock or a strong safe, it will be considered committed. The consequence of the fact that the criminal voluntarily refused to commit a crime will be his release from criminal liability.
Judicial and investigative authorities have the right to terminate criminal proceedings if a corresponding application from the injured party is received. This is possible if the suspect committed a minor crime and this happened for the first time. In this case, the attacker and the victim reached an agreement, the offender compensated for the damage caused. These actions are not applicable in case of robbery. It is considered a completed crime from the moment the offender commits the attack.
What is attempted petty theft?
As already mentioned, the Code of Administrative Offenses regulates issues related only to administrative offenses. For example, here we can talk about thefts that were not noticed by employees of a retail outlet or security guards until the attacker left the crime scene.
When the stolen goods were immediately returned to the store, we are not talking about a crime being committed, but only about attempted theft. In such a set of circumstances, the guilty party can simply apologize without unnecessary attention and return the goods. The second option is to pay for the stolen item.
The essential point here is that employees of a retail outlet cannot search a citizen. Only police officers called to the scene have the right to do this. The security guard has the right to ask the buyer to stay until the police arrives. Only authorized persons have the right to carry out inspections.
The basis for this may be a video recording made in a store, which shows that the buyer committed theft or tried to do so. Before the police arrive, security and cashiers do not have the right to demand payment, as this may be classified as extortion. Funds are deposited only on the basis of a court decision.
What types of sanctions are provided for by the Criminal Code?
The basis for determining the punishment for attempted theft is Article 158 of the Criminal Code of the Russian Federation, provided for by the Special Part of the Code. According to it, the following sanctions may be applied to a person who tried to break the law:
- imposition of a fine;
- compulsory work;
- correctional work;
- forced labor;
- restriction of freedom;
- arrest;
- deprivation of liberty.
When assigning a preventive measure, many factors are taken into account: whether an unlawful act was committed by one person or a colluding group, how much damage was caused (significant, large or especially large), how the penetration occurred, and much more. These circumstances increase responsibility, both for the crime committed and when determining the punishment for attempted theft.
How fair is the current penalty for petty theft?
Many Russians believe that the punishment provided for theft of up to 1000 rubles is not always necessary and appropriate. There were cases when people who found themselves in difficult financial circumstances stole basic necessities - bread, milk. For this reason, the current legislation may undergo a number of changes. The proposal was made by I. Yarovaya, deputy of the State Duma of the Russian Federation.
According to the new rules, a fine is provided for the theft of goods worth more than 5,000 rubles. When the total cost is less, the guilty person can go for correction. work for a period of up to 50 hours. There is no provision for arrest. For group theft or pickpocketing, responsibility remains the same. The proposed option is still being considered by officials, and no final decision has been made.
What to do if you are caught shoplifting
In practice, there are situations when a random buyer is accused of theft, and not the one who actually did it. After all, trained criminals try to divert attention from themselves, and often “frame” the surrounding citizens.
For example, they may slip chewing gum into a pocket that the buyer did not want to take. And while they are dealing with him, the thief himself, taking advantage of the moment, will pass by the guards and complete his planned crime.
What to do if you are caught stealing from a supermarket? Was it really that person?
How can food theft be proven?
Now in shops and shopping centers almost everywhere there is a warning that video surveillance is being conducted. True, these cameras do not always work as they should.
However, the main evidence of the theft of products may be precisely that same video recording from the store. But very good quality of filming or expert opinion is necessary, since attackers, knowing about the tricks of entrepreneurs, hide their faces. They stand with their backs or sides to make them difficult to identify. Sometimes this is impossible because nothing is visible.
After catching the offender, the store can take an inventory and then it will become known how much damage was caused, as well as the exact cost of the stolen goods.
If he ran away, can he be put on the wanted list?
It all depends on what evidence the victim has. If in the video it is not possible to discern who exactly committed the theft from a store, and the amount is large, then law enforcement officers will establish the identity of the thief and open a search case.
However, his time is limited. In criminal cases, the search will be no longer than the statute of limitations, that is, 2 years or 6 years (under Part 2 of Article 158 of the Criminal Code of the Russian Federation). And for administrative ones it’s even less – from one to two months, taking into account the extension.
Actions of supermarket employees
It should be remembered that store security officers cannot search a citizen, even if there are good reasons to believe that he is a thief. To do this, call the police.
However, security guards may offer to voluntarily return any stolen items or products. If they refuse, they can detain, but only if there is evidence. At the same time, the magnetic system alarm is not such, because it may be faulty.
But a citizen may simply forget to pay for a product without intending to steal it. In such cases, it is best to simply pay.
Note! All attempts by store employees to convince the citizen that he needs to pay a fine for theft do not oblige the citizen to anything. Sanctions are imposed only by the court.
Is it possible to dismiss a criminal case for shoplifting?
The legislator allows the termination of a criminal case if certain rules established by the code are observed. This can be done by both the investigator and the judge. True, the first has less authority in this case.
When deciding whether a person can be imprisoned for shoplifting, the identity of the accused or defendant is always taken into account. If the theft was committed for the first time or due to a difficult financial situation, then the legislator has provided for some “mitigations” in the punishment.
All of them are prescribed in Chapter 11 of the Criminal Code of the Russian Federation:
- Due to active repentance.
- Reconciliation with the victim.
- The insignificance of the crime.
- Judicial fine.
The first basis is repentance. If interpreted literally, this means that if the criminal admitted his guilt, came to the police himself, and then returned to the victim everything that he had taken from him or given in money, then he can be released from punishment.
A similar basis is spelled out in Article 76 of the Criminal Code of the Russian Federation - reconciliation with the victim. That is, if the thief committed a similar offense for the first time, and also compensated the injured party, then the legislator is ready to “forgive and let him go.”
The third reason is insignificance. It comes from the analysis of Art. 14 of the Criminal Code of the Russian Federation. That is, the actions are similar to a crime, but they are not. For example, if a teenager takes chewing gum from the counter for 40 rubles “at random,” but after he notices that he has been discovered, he pays for it.
And also, if it is insignificant, they may be brought to administrative or other liability, depending on the circumstances of the act committed.
Since 2021, the legislator has introduced a new basis for “mitigation” - a court fine. It is prescribed in cases where material damage is compensated.
