What is theft?
Theft is a criminal offense. But in some cases, liability may also be administrative; it all depends on the amount of damage caused.
In criminal law, there are other forms of theft: robbery, robberies, etc. The main feature that distinguishes theft from them is the secrecy of the act, that is, the theft of property must necessarily occur secretly.
What is petty or grand theft?
Art. 158 of the Criminal Code interprets theft as the secret appropriation of another person’s valuables. This act is illegal and carries criminal liability.
The subject of theft is exclusively movable property. These are banknotes, securities, products of human labor. They meet three legislative criteria:
- Material – the stolen property has a material form.
- Economic - a thing has a specific value that can be determined based on market conditions.
- Legal - the property is obviously alien to the offender. He is not considered the owner, legal owner, shareholder, etc.
The key characteristic of theft is its secret nature. The criminal is confident that he commits the act unnoticed by the victim and strangers. For example, he quietly takes a wallet out of a person’s pocket on public transport, sneaks into an empty apartment under cover of darkness, and commits petty theft from a supermarket counter.
The theft is non-violent in nature. The victim is left with no physical damage other than that which was received before meeting the thief. If the attacker is discovered by a potential victim and continues to “work” openly, his actions will be regarded by criminal law as robbery, for which more severe liability is provided.
Signs of theft
Liability for theft
Responsibility for theft can be either criminal or administrative, it depends on the amount of damage caused.
Administrative
Administrative liability for theft occurs if the value of the stolen property does not exceed 2,500 rubles. According to Article 7.27 of the Code of Administrative Offenses (CAO) of the Russian Federation, such an act is qualified as petty theft.
If property worth no more than 1,000 rubles is stolen, then liability arises according to the norms of Part 1 of Article 7.27 of the Code of Administrative Offenses of the Russian Federation and is punishable by an administrative fine of up to five times the value of the stolen property, or by administrative arrest for up to 15 days or compulsory labor for up to 50 hours.
If the theft was for a larger amount - from 1,000 to 2,500 rubles, then such an act, according to Part 2 of Article 7.27 of the Code of Administrative Offenses of the Russian Federation, is also punishable by a fine of up to five times the value of the stolen property, but not less than three thousand rubles, or by administrative arrest for at least 10 days or compulsory work up to 120 hours.
Criminal
If the amount of damage exceeds the threshold of 2,500 rubles, criminal liability arises according to the provisions of Article 158 of the Criminal Code of the Russian Federation. The punishment increases depending on the severity of the damage caused; theft can:
- cause minor or significant damage;
- be perfect in large and especially large sizes.
- The amount of damage is determined as follows:
- small – from 2,500 to 5,000 rubles;
- significant - from 5,000 rubles;
- large – from 250,000 rubles;
- especially large – from 1,000,000 rubles.
In addition to the amount of harm caused, other aggravating circumstances also play a role in determining the degree of responsibility - theft committed by a group of persons or an organized group, theft with illegal entry into a home, etc.
Depending on the presence of aggravating circumstances, the punishment for theft can be completely different, ranging from a fine of up to 80,000 rubles and ending with imprisonment of up to 10 years.
Article 7.27 of the Code of Administrative Offenses of the Russian Federation. Petty theft (current edition)
“Since V. was detained while trying to take the stolen property outside the enterprise and the actual seizure has not yet occurred, what he did does not constitute an offense under Art. 7.27 Code of Administrative Offenses of the Russian Federation" (Resolution of the Supreme Court of the Russian Federation dated 02/09/2006 N 38-ad05-1).
It should be noted that the Code of the Russian Federation on Administrative Offenses does not provide for liability for preparation to commit an administrative offense or attempted administrative offense. The Resolution of the Supreme Court of the Russian Federation dated August 21, 2017 N 41-AD17-20 states: “Since the actual seizure of the disputed rails, the theft of which G.I. Kaliberda is charged with, has not been established, the territory of park “B” North Art. This property did not leave Bataysk, the possibility of G.I. Kaliberda disposing of it was not clarified during the proceedings, in the case under consideration the elements of the charged administrative offense cannot be considered proven.
Stated by the person brought to administrative responsibility and his defender Belotelov K.A. the arguments presented by the evidence were not refuted, measures for their proper verification were not taken by the courts, which led to the conclusion, not confirmed by the case materials, that G.I. Kaliberda was guilty. in committing an imputed administrative offense.
Thus, when considering this case of an administrative offense, the requirements of Articles 24.1 and 26.1 of the Code of Administrative Offenses of the Russian Federation regarding the clarification of all circumstances relevant for the correct resolution of the case were not met” (Resolution of the Supreme Court of the Russian Federation dated August 21, 2017 N 41-AD17-20).
In accordance with paragraph 25 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 27, 2002 No. 29 “On judicial practice in cases of theft, robbery and robbery,” when determining the size of stolen property, one should proceed from its actual value at the time of the crime.
EXAMPLE.
The value of the property stolen from the store, a bottle of whiskey, is established on the basis of a certificate of damage issued by the store director. In the Resolution of the Presidium of the Samara Regional Court dated May 18, 2021 N 44у-110/2017 о (Resolution of the Presidium of the Samara Regional Court dated 05/18/2017 N 44у-110/2017).
Petty theft as an administrative offense and theft entailing criminal liability are distinguished by the size of the stolen property.
Theft is not considered petty if there are signs of crimes under Art. Art. 158 - 160 of the Criminal Code of the Russian Federation. It should be taken into account that the criminal law ban borders on the administrative law ban, and it is impossible to determine the lower threshold of the criminal law ban without determining the upper threshold of the administrative law ban.
EXAMPLE.
“As follows from the verdict, R. was convicted of a number of crimes, including committing DD.MM.YYYY the secret theft of property of the victim, FULL NAME1, worth 1,000 rubles. In accordance with the note to Art. 7.27 of the Code of Administrative Offenses of the Russian Federation (as amended by Federal Law No. 74-FZ of May 16, 2008), theft of property is considered minor if the value of the stolen property does not exceed one thousand rubles. Thus, R. DD.MM.YYYY committed petty theft of property and was subject to administrative liability for what he did, and therefore his actions did not contain the corpus delicti provided for in Part 1 of Art. 158 of the Criminal Code of the Russian Federation" (Resolution of the Presidium of the Volgograd Regional Court dated July 3, 2013 N 44у-117/2013).
Of course, judicial practice proceeds from the fact that it is unacceptable to simultaneously bring administrative liability under Art. 7.27 of the Code of Administrative Offenses of the Russian Federation and criminal liability under Part 1 of Art. 158 of the Criminal Code of the Russian Federation (see, for example: Resolution of the Novosibirsk Regional Court dated May 12, 2016 in case No. 4A-350/2016).
Special literature concludes that “a case of petty theft can be initiated by officials of internal affairs bodies (police) only when the person who committed this offense is identified (detained). In accordance with Part 3 of Art. 28.1 of the Code of Administrative Offenses of the Russian Federation, a case of an administrative offense can be initiated by an official authorized to draw up protocols on administrative offenses only if there is at least one of the reasons provided for in parts 1, 1.1 and 1.3 of this article, and there is sufficient data indicating the presence of an event administrative offense. The reasons for initiating a case of petty theft may be: a) direct discovery by officials of sufficient data indicating the presence of an event of petty theft; b) materials received from law enforcement agencies, as well as from other state bodies, local government bodies, and public associations containing data indicating the presence of a petty theft event; c) messages and statements of individuals and legal entities" (see in more detail: Filippov O.Yu., Yuritsin A.E. Petty theft: problems of initiating a case of an administrative offense and conducting an administrative investigation // Bulletin of the Omsk Legal Academy. 2021. N 4 pp. 127 - 131).
The offense under Art. 7.27 of the Code of Administrative Offenses of the Russian Federation, is considered completed at the moment a person carries out actions constituting petty theft, and is not ongoing, since it is not associated with a long-term continuous failure or improper fulfillment of the duties established by law by the violator, but is characterized by the commission of specific actions by a person to commit petty theft (see. , for example: Determination No. 5-36/2017 of February 2, 2021 in case No. 5-36/2017).
An analysis of judicial practice materials allows us to assert that the offense provided for in the commented article can be considered as minor. For example, Resolution No. 5-284/2017 dated July 12, 2021 in case No. 5-284/2017 states: “Taking into account the circumstances and nature of the offense committed, the role of the offender and his behavior after the commission of the offense - admission of guilt, repentance for deed, an apology to the victim, compensation for the damage caused to her, the absence of serious consequences of unlawful behavior, the court believes that Motorin can be released from administrative liability due to the insignificance of the offense committed.”
3. Subjects of the offense are citizens over 16 years of age.
EXAMPLE.
“... cannot serve as a basis for exemption from liability “the applicant’s arguments, which generally boil down to the fact that his actions do not constitute an administrative offense under Part 1 of Art. 7.27 of the Code of Administrative Offenses of the Russian Federation, cannot be considered convincing, since they are refuted by evidence from which it follows that the applicant in the Leroy Merlin store, located at: , committed petty theft from the sales area for a total amount of 383 rubles, 37 kopecks, without paying for the following property: “spanner” in the amount of two pieces, “wrench” in the amount of two pieces and “key, screw”.
The applicant’s statements that he is a disabled person of the second group in terms of vision cannot be a basis for canceling or changing court decisions” (Resolution of the Supreme Court of the Republic of Tatarstan dated May 10, 2017 N 4a-388/2017).
4. The subjective side of the offense is characterized by guilt in the form of intent aimed at taking possession of someone else’s property in order to turn it into one’s own benefit. For example, the Resolution of the Nizhny Novgorod Regional Court dated January 20, 2016 No. 4a-51/2016 states: “... from the subjective side, theft presupposes the presence of direct intent on the part of the guilty person aimed at taking possession of someone else’s property. C.N.V. in the court of first instance he showed that he had no intent to commit an offense. The case materials do not contain evidence to the contrary. Thus, the violations committed during the proceedings on an administrative offense obligated the magistrate to take measures to request from officials and the victim evidence of the guilt of the person brought to administrative responsibility, in compliance with the requirements of the law, but he did not do this.”
In accordance with Art. 26.2 of the Code of Administrative Offenses of the Russian Federation, evidence in a case of an administrative offense is any factual data on the basis of which the judge, body, official in charge of the case establishes the presence or absence of an administrative offense event, the guilt of the person brought to administrative responsibility, as well as other circumstances that are important for the correct resolution of the case.
These data are established by the protocol on an administrative offense, other protocols provided for by the Code of Administrative Offenses of the Russian Federation, explanations of the person against whom proceedings for an administrative offense are being conducted, testimony of the victim, witnesses, expert opinions, other documents, as well as testimony of special technical means, material evidence.
EXAMPLE.
“The fact that S. committed an administrative offense under Art. 7.27 of the Code of Administrative Offenses of the Russian Federation, is confirmed by the following evidence: protocol on an administrative offense dated November 27, 2015 (case file 3); police report dated November 27, 2015 (case file 4); report on acceptance of the incident report dated 10.30.2015 (case sheet 5); application for criminal prosecution dated October 30, 2015 (case sheet 6); a copy of the job description of the store seller (case sheets 9 - 11); a certificate of the value of the stolen goods (case sheet 16); written explanations, Full Name2 (case file 7), Full Name6 (case file 12), Full Name3 (case file 13), Full Name4 (case file 14), Full Name5 (case file 15).
The fact that S. committed an administrative offense under Art. 7.27 of the Code of Administrative Offenses of the Russian Federation, established on the basis of evidence compiled by authorized officials that meet the requirements for the form of these documents, examined and assessed by judges in their entirety according to the rules established by Art. 26.11 Code of Administrative Offenses of the Russian Federation.
The reference in the complaint to the fact that the evidence presented in the case does not indicate that S. committed an administrative offense, liability for which is provided for in Art. 7.27 of the Code of Administrative Offenses of the Russian Federation, since no material damage was caused to anyone, is based on a reassessment of evidence, for which no grounds are seen” (Resolution of the Saratov Regional Court dated 06/09/2016 N 4A-330/2016).
Will not constitute theft
Unauthorized use of someone else's property not for personal gain, without causing damage to the owner. For example, stealing a car for the purpose of driving it.
Taking property when the culprit assumes that he has a right to it. For example, when an employee arbitrarily takes money from the employer’s cash desk that should have been paid to him as wages.
Theft, for example, of a bank card, a number from a wardrobe, a key to a storage locker, since in themselves they are worth nothing. If there is a theft of money from this card, clothes, things, it will be assessed, and the use of the stolen card, license plate and key will be considered as a way to get to the property.
Each crime is purely individual. There is no specific formula by which the investigator must qualify the act, and the court must calculate the punishment. In each specific case, all circumstances relating to the criminal himself and the crime itself are assessed and taken into account.
Definitions
Theft
Theft is a crime against property, the secret theft of someone else's property. Covered in Article 158 of the Criminal Code of the Russian Federation. A colloquial synonym for this term is theft. This type of crime differs from robbery and robbery precisely in its mystery. That is, the person committing illegal actions is in full confidence that the victim, as well as strangers, does not suspect anything. At the same time, relatives and acquaintances of the criminal are quite capable of acting as silent witnesses to the theft. Sometimes this act involves the presence of strangers who are not aware of the illegality of the actions being performed. An example would be the theft of a painting from a crowded museum in broad daylight under the pretext of restoration. The crime is considered completed from the moment the criminal receives the opportunity to dispose of the confiscated property at his own discretion.
Theft
Theft is the unlawful gratuitous seizure and (or) circulation of someone else’s property, committed for selfish purposes and causing damage to its owner. There are many forms of this crime, including theft, robbery, robbery, fraud, looting, etc. The subject of theft is property that has a marketable value and has the characteristics of a thing. Among other distinctive characteristics of the crime in question, one should highlight the complex nature, illegality, gratuitousness and damage. From the subjective side, to commit an act there must be a selfish goal. For this reason, the unlawful seizure of someone else’s property to pay off the owner’s debt is not considered theft, since it does not have a desire for enrichment. In this case we will talk about arbitrariness.
What is petty theft
Let's figure out what is included in the concept of petty theft, whether it is a crime or an administrative violation, and how it differs from classic theft. To do this, let's delve into the regulations, but first we note that theft is the illegal taking of someone else's property, free of charge and without the voluntary consent of its owner. It can be committed secretly, openly, by deception (gaining trust), with the use of violence or the threat of violence, and in other forms.
In accordance with the provisions of Article 7.27 of the Code of Administrative Offenses of the Russian Federation, petty theft includes the taking of another person's property of a small amount (its amount is discussed further in the text). In addition, an important circumstance is the manner in which it was committed. According to Art. 7.27, petty theft of someone else’s property is an act committed in the form of theft, fraud and other relatively “peaceful” means. If it falls under Art. 7.27, then this is qualified as an administrative offense and is not a crime.
However, under certain circumstances, petty theft is a crime falling under the Criminal Code of the Russian Federation. According to the provisions of Art. 158.1 of the Criminal Code, this is the act:
- corresponding to the conditions of Art. 7.27 Code of Administrative Offenses of the Russian Federation;
- committed by a person who was previously convicted and has been punished for petty theft under Part 2 of Art. 7.27.
Thus, petty theft is transferred to the category of crimes after its repetition by those previously punished under Part 2 of Art. 7.27 offender. Petty theft is especially common in food supermarkets. This is facilitated by the availability of goods, the ability to easily hide and take them out of the store, keeping them from the cashier.
Often petty thefts are classified as thefts, and there are reasons for this: in Art. 7.27 of the Code of Administrative Offenses of the Russian Federation, theft is specified as one of the forms of this offense. At the same time, theft differs from petty theft in that it can be much more large-scale and daring in its execution. For example, if the value of the stolen property is significant or several people took part in the theft by prior conspiracy.
Signs of petty theft
The criminological characteristics of petty thefts include both an assessment of the nature of such acts and the personal characteristics of the thieves. Petty theft includes acts such as theft or fraud on a minor scale. They are committed in ways that are not dangerous to society, without threats or violence.
The subjective side of petty theft assumes that the thief has financial problems that do not allow him to ensure a normal level of consumption by legal means. Often such acts are committed by people who are confused in life, homeless people, and teenagers from dysfunctional families. If they do this, it is without careful planning of the “operation”, and sometimes spontaneously, under the influence of momentary moods or alcohol.
Qualification of the crime
The object of petty theft is material objects, and the attacker encroaches on the right of ownership guaranteed by the Constitution of the Russian Federation.
The subject of the crime is a person who has reached the age of 16. Theft, including petty theft, is always committed with direct intent for the main reasons: hooliganism, selfish motives. The offense is considered completed from the moment the owner loses the right to dispose of his property and the transfer of this right to the guilty person.
Note!
In case of petty theft committed by a child under 16 years of age, an administrative protocol is not drawn up, but the owner of the outlet has the right to recover damages from his parents by filing a claim in court.
At what age does responsibility begin?
Punishment for petty theft can be applied not only to an adult, but also to a minor. Administrative liability for petty theft begins at the age of 16 (Part 1, Article 2.3 of the Code of Administrative Offenses of the Russian Federation). At the same time, petty theft by minors can be considered by the commission on juvenile affairs, and according to its decision, other measures of influence, rather than administrative measures, can be applied to the offender.
The age of criminal responsibility is established by Art. 20 of the Criminal Code of the Russian Federation, and according to Part 1 of this article, in the general case it is 16 years. Part 2 of Article 20 of the Criminal Code of the Russian Federation reduces it to 14 years for crimes committed under a number of articles, including Art. 158 (“Theft”), however Art. 158.1 is not included in this list. Therefore, thieves from the age of 16 face criminal liability, as well as administrative liability.
Up to what amount is petty theft considered?
Theft should be understood as the illegal seizure of someone’s property from the possession of a specific subject, committed for mercenary purposes, the conversion of this property for one’s own benefit or for the benefit of other persons, causing certain property damage to the owner.
Petty theft is a type of theft, enshrined in Article 7.27 of the Code of Administrative Offenses of the Russian Federation, committed by theft, fraud, misappropriation or embezzlement, if the value of the stolen property does not exceed 1,000 and 2,500 rubles in accordance with parts of the first and second articles and the absence of qualifying features of the relevant articles of the Criminal Code of the Russian Federation (158, 159, 159.1, 159.2, 159.3, 159.5, 159.6, 160).
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The difference between theft and petty theft Some ordinary people and lawyers generalize the concept of petty theft and call it petty theft . This is an incorrect definition, since theft is much broader (it can be committed through fraud, misappropriation, embezzlement). And in the legislation “petty theft” is not reflected or enshrined anywhere.
How much money can you kidnap or steal with impunity?
The amount of property damage caused to the victim as part of petty theft should not exceed the amount of 2,500 rubles, otherwise such theft turns into the most common one, with all the ensuing consequences (criminal liability under Article 158 of the Criminal Code - theft).
Determining the amount of damage
Stolen property is subject to an assessment of its value at the time of the theft. If the theft occurs in a store and a completely new product is stolen, then the damage can be assessed immediately at the purchase or sale price of this product.
In case of theft of used property, a special assessment is made and a certificate is issued, on the basis of which a further procedural decision is made.
Such an assessment can be carried out both by investigative authorities and representatives of the owner, as well as the defense of the defendant.
When committing petty theft, there should not be any qualifying signs of theft.
For example, a person will steal money in the amount of 2,000 rubles, but in order to steal it, he will enter the office of his colleague. Such theft will be considered a criminal offense - theft with penetration and qualified under Article 158 Part 2 of the Criminal Code of the Russian Federation.
If penetration is carried out into a home, the danger of the crime increases and the culprit is prosecuted under Article 158 Part 3.
Comparison
As can be seen from the definitions, one concept is part of another. Thus, theft is one of the forms of theft, of which there are many. From this we can conclude that the second term is considered more capacious and extensive. It includes many crimes related to the appropriation of someone else's property. As for theft, this is undoubtedly a narrower concept. It always has a hidden character. A person who commits illegal actions strives to remain unnoticed. In the case of theft, the crime can occur right in front of the victim and bystanders. Robbery and robbery should be classified as such acts.
Another difference between theft and theft is that the latter phenomenon is often accompanied by the use of violence. We are again talking about robbery and robbery. Theft, by its definition, does not promise any harm to the victim, because the crime is committed in secret from him. In addition, this illegal action always involves the appropriation of property without the consent of the owner. If we talk about fraud as a form of theft, then often the victim voluntarily gives money or things to the criminal, being misled. An example of this is the distribution of dietary supplements under the guise of medicines among sick people and pensioners. As for the maximum sentence, for theft they give no more than 10 years. Whereas for committing robbery by an organized group, on a particularly large scale or causing grievous harm to health, convicts are often sentenced to 15 years in prison.
To summarize, what is the difference between theft and embezzlement.
