Burglary - corpus delicti and liability for it under the Criminal Code of the Russian Federation

Self-service stores were originally created for the convenience of customers - you take what you like, and not what the seller slips you. In addition, there is a marketing ploy here - when the product is available, people buy more.

But such a system led to massive and regular thefts due to the same availability. Today we will tell you what the consequences of theft of up to 1000 rubles are.

Until a penalty of 90 days, the offer is carried out only in a qualified certificate. If this offer is exceeded, it can also be found in a simple certificate. If the convicted person is caught shoplifting again, it is very likely that freedom will be imposed. In addition to criminal measures taken by the judiciary, the affected transactions usually impose a one-year ban on the shop floor.

Shoplifting: Bad Cards When Buying Crime

The poor cards are those who are punished by the so-called "criminalization of procurement", since the prosecutor's office has a number of criminal offenses, such as a crime, since the accused enters the business for a specific purpose. This is mainly about combating the drug trade, which supports their livelihood and drug consumption through shoplifting.

Definition

Theft combined with burglary means the secret theft of someone else's property.
Moreover, such an act is committed with advance intent (that is, according to an action plan). The goal is to obtain illegal benefits. The Criminal Code contains definitions of various types of criminal misappropriation of someone else's property. Important: burglary is the illegal alienation of property, committed secretly from society by entering the premises. Thus, we are talking about a pre-planned criminal act, the result of which is property damage. It is described in Article 158 of the Criminal Code. Such crimes also include the gratuitous secret alienation of goods in favor of third parties.

Download for viewing and printing:

Criminal Code of the Russian Federation dated June 13, 1996 No. 63-FZ

Accomplices

Any persons who know about a crime being prepared or committed, who do not report it and contribute to its commission /sale of stolen goods, are subject to criminal charges if:

• take stolen items for storage;
• help in their transportation;
• use the stolen goods for themselves;
• sell stolen items;
• agree with the criminal group on the above points.

All of the above actions are considered participation in theft only if evidence is found.

If the organizer, instigator or accomplice did not directly participate in the theft of someone else's property, the crime committed by the perpetrator cannot be qualified as committed by a group of persons by prior conspiracy. In these cases, by virtue of part three of Article 34 of the Criminal Code of the Russian Federation, the actions of the organizer, instigator or accomplice should be qualified with reference to Article 33 of the Criminal Code of the Russian Federation. The responsibility of the participants in the crime will be determined by the nature and extent of each person’s actual participation in the theft.

Criminological characteristics

The features of the crime identified by criminologists for their classification are given in the table:

Hint: the amount of harm and the amount of damage are not identical concepts. The first depends on the financial situation of the victim, the second is calculated as a multiple of the minimum wage.

Adviсe

Application of Art. 158 of the Criminal Code of the Russian Federation, when assigning punishment, depends on the correct qualification of the act, which largely depends on the professional assistance of a defense lawyer. To mitigate the punishment, he can appeal to Art. 61 of the Criminal Code of the Russian Federation.

In the case of petty theft (up to 2,500 rubles), the return of the stolen property and reconciliation with the victim does not allow, according to the administrative code, to terminate the case. But the fact is taken into account when determining the punishment. In any case, compensation for damage and sincere repentance, combined with the help of an experienced lawyer, will allow you to get out of such a situation with minimal losses.

Qualifying features

Crimes in jurisprudence are described using common features - qualification criteria.
These may vary depending on the identity of the attacker. For example, if the thief is a family member (a person living in the same apartment with the victims), then some of the signs disappear due to natural circumstances. Theft with penetration is characterized by the following features:

• penetration by damaging structures;
• mastery of items of property, including intellectual property;
• possible damage to property, increasing losses.

For information: in addition to apartment thefts, there are other thefts committed by breaking and entering. For example, automobiles.

With penetration (burglary)

Forcible entry into a premises has its own signs, identified during the examination of the crime scene. They are:

• broken (damaged) locks on doors or windows;
• alarm system disabled;
• unauthorized disconnection of the apartment from energy sources.

For information: in law enforcement practice there are more dangerous methods of penetration:

• explosions of door and window openings;

• breaking down walls;
• partial dismantling of ceiling bulkheads, etc.

Hacking is carried out using auxiliary tools, for example, master keys, crowbars, etc. Forcible entry is characterized by damage to areas of a structure for the purpose of committing theft. If nothing is missing, then theft will not be classified.

Other signs

Other signs include the following:

1. Committed by a group of persons. These include people: those who entered and removed property;
2. prepared auxiliary tools (master keys);
3. monitoring the situation outside;
4. distracting apartment owners;
5. those who conducted surveillance of the crime object and others.

Hint: Damaging property also increases damage.

Is it possible to get my money back?

Reimbursement of the lost amount occurs in two options. They completely depend on the results of the investigation. Thus, the victim will be able to return the stolen property only if the thief is found. The options are:

1. In a pre-trial manner. The criminal voluntarily reimburses the stolen amount.
2. By the tribunal's decision. The thief will be obliged to pay all the money to the victim.

Attention: if the criminal is not caught, then it is not possible to return the stolen property.
Reimbursement takes quite a long time. The fact is that usually people who do not have an official income engage in theft. By court decision they will be obliged to return the stolen property. Moreover, the document will be sent to the Bailiff Service for enforcement. But the SSP's powers are limited. Employees have the right:

• seize property;
• collect funds from official revenues.

If the thief has nothing, then you can wait a long time for money from him. Influence is exerted on him by filing a complaint with the bailiffs. They will work to implement the court decision. Moreover, the criminal may face new punishment if he does not compensate the victim for the loss.

Signs of a staged burglary

Law enforcement officers sometimes encounter staged crimes.
Both criminals and premises owners take such action. The goal of the former is to obtain money from the accused person, the latter, as a rule, are trying to hide a more serious act. The signs of a staging are well known to criminologists. They are:

• absence of fingerprints on furnishings, frames, doors, etc.;
• leaving valuables in place;
• lack of recording of robbers on surveillance cameras and more.

Example: thieves took jewelry from a safe, but left stacks of banknotes untouched.

Distinction from related crimes

The theft is carried out secretly. Only the property of the homeowners is at risk. Do not confuse theft with robbery or assault . The last two crimes are also committed with the aim of seizing valuables. However, they are characterized by openness, that is, the victim sees the attackers. In addition, the victim’s life and health are at risk from robbers. Hint: if the thieves, having entered the apartment, encountered the owners and used violence against them, then robbery will be classified. And this is a different article.

What is a completed illegal act?

Theft does not become a complete crime at the moment of seizure of valuable items or money. The purpose of theft is not simply to take away valuables, but to obtain benefits for oneself or third parties. Therefore, a crime such as theft is considered completed after the thief has not only acquired the property, but can also freely dispose of it , for example, sell, donate, or independently use things or money as his own.

For example, a person decided to steal a chocolate bar from a supermarket. He, secretly so that he would not be visible on the cameras, hid it in a bag, hid behind a rack where no one could see him, and ate his prey. At the exit from the store, a security guard stopped him and showed him a recording of the attacker eating a chocolate bar (the thief did not notice the camera in this part of the store). This case is theft, because... the attacker managed to dispose of the stolen property.

Another example. Early morning. Rush hour in the subway, crush. The girl runs into a crowded carriage. She finds herself sandwiched between two men. There is a phone in the back pocket of her jeans that she forgot to move. It is difficult to turn around or even raise your hand in such a situation.

At the next station, passengers begin to disembark, squeezing between each other towards the exit. One of the passengers, getting out, passes by the girl, notices the phone in her pocket and quietly pulls it out. Doors are closing. The criminal goes about his business unnoticed. A classic pickpocket has been committed (read here what to do if you are faced with a similar situation and your phone was stolen).

Things left unattended by their owners in places such as a train station, airport, etc. are in the possession of citizens who are their owners.

For example, a man arrives on a night flight, leaves his luggage at night in a half-empty airport and goes to the toilet. At this time, another passenger, who liked the expensive, lonely suitcase, is walking through the arrivals area to the exit. The attacker appropriates it, opens it, takes out valuables, quickly walks through the airport to the exit and leaves. Taking possession of valuables will be considered theft.

Punishment and responsibility

The severity and guilt of the suspects is determined by the court. The following measures of influence on the thief are prescribed:

• penalties in the amount of 100 to 500 thousand rubles. or alienation of the thief’s income for three years;
• forced labor for up to five years;
• imprisonment for up to one and a half years.

Attention: the following persons are exempt from liability:

• declared insane (incompetent);

• under fourteen years of age.

Minors

If the crime was committed by a minor child (over 14 years old), then he also faces punishment. Depending on the severity of the crime, the young man faces up to three years in prison . These criminals serve their sentences in specialized (children's) institutions of the criminal correctional system. Important: penalties are imposed on the parent (official representative) of the minor.

What follows for burglary if there has already been a criminal record?

The commission of a criminal act by a convicted citizen is recognized as an aggravating circumstance. More stringent measures apply to him:

• imprisonment for up to six years;
• fine up to 800 thousand rubles;
• restriction of freedom for up to one and a half years.

Hint: if the theft is particularly large, the term can be extended to 10 years.

Liability for false testimony

If an attacker provides false information about an uncommitted crime, he may incur criminal liability (section 306 of the Criminal Code):

• fine up to RUB 120,000.0;
• compulsory work up to 480 hours;
• correctional labor for up to 2 years;
• others.

Hint: a false call to law enforcement leads to administrative liability.

Factors influencing sentence

When making a decision, the court examines all the nuances of the case. The following factors influence his final decision:

• presence of: preliminary agreement between persons, including tacit agreement;
• other aggravating circumstances;

Hint: the sentence is commuted if the injured party voluntarily compensates the damage.

What belongs to aggravating circumstances

The court considers the following circumstances of the case to be aggravating:

• high value of stolen goods;
• causing major damage to the victim;
• group conspiracy;
• the thief has an outstanding criminal record;
• involvement of minors in criminal activities;
• the use of weapons and explosives in the process of criminal activity;
• fraud;
• threats.

Hint: repentance softens the sentence.

Arbitrage practice

Example 1 .
Ivankov S. divorced his wife and harbored a grudge against the woman. After waiting for her to leave for a neighboring town, he drove a car to her house and entered the premises. He didn't have the key, so the door had to be broken down. He took out valuables worth RUR 100,000.0, loaded them into the vehicle and drove off. He was fully aware of the criminality of his act. The woman's neighbors called the police. Ivankov fully realized his guilt and returned the valuables. The crime is classified under paragraph “a” of the third part of paragraph 158 of the Criminal Code. The court imposed a sentence of 2 years' imprisonment. Taking into account Article 73 of the Criminal Code, the term was considered suspended.

Example 2 . A fence net worth RUR 10,000.0 was stolen from Sidorova’s dacha. She reported this to law enforcement agencies. Then she independently found out that the thieves were her brother’s friends. The missing property was found at his home. However, a previously convicted friend threatened the young man to write a confession. The woman did not want her loved one to go to prison and turned to a lawyer.

The specialist explained that in this case the fact of kinship can be used. Since she is recognized as a victim, she can formalize reconciliation with her brother. The case will be dismissed either at the preliminary stage or in court.

What is considered an assassination attempt?

Attempted theft, following from the above, is a situation where the offender did not have time to use the stolen valuables for his own benefit.

Consider the first example, where an attacker steals a chocolate bar from a store. The subject is very hungry, he still secretly hides the chocolate in his pocket so that he is not visible on the cameras. While leaving the supermarket, the subject walks through a detector frame and it goes off.

A security guard stops a man and asks him to empty his pockets. The culprit takes a chocolate bar out of his pocket and confesses that he stole it from the store. This case will be recognized as attempted theft, because... the circumstances that prevented the completion of the crime did not depend on the offender; he was stopped by a security guard, and did not have time to use the stolen goods for his own purposes.

The second example of a completed mobile phone theft may only become an attempt. In case a young man who stole a phone, for example, got stuck in the closing doors, and the girl noticed the loss and snatched the phone from his hands. Then the attacker will not have time to use the stolen item and the crime will be an attempted theft.

Our third example with the theft of a suitcase at the airport can also become an attempted theft. A man leaves his luggage at night in a half-empty airport and goes to the toilet. At this time, another passenger is walking through the arrivals area towards the exit, whose attention is attracted by an expensive, lonely suitcase.

The attacker appropriates it and rolls it along the airport. At this moment, a passenger sitting nearby, who had previously seen the owner of a noticeable suitcase, wakes up and notices that the suitcase is in the hands of a completely different person. He reprimands the criminal, threatening to contact airport security. The attacker runs to the exit.

In this case, the offender attempted theft, because he had to leave the suitcase due to accidental circumstances. He did not have time to use the property in the suitcase.

In special publications, our experts tell how the crime will be classified and what is the responsibility for it if a theft has been committed:

• weapons and ammunition;
• budget funds and state property;
• documents and money.