Responsibility for theft is provided for in Art. 158 of the Criminal Code of the Russian Federation. The punishment under it is quite serious, therefore, if a person is unreasonably accused of theft, it is necessary to protect one’s rights. Let's figure out exactly how this is done.
In this article you will learn what to do if you are accused of theft and how to settle the case before trial.
Article of the Criminal Code of the Russian Federation
The Criminal Code of the Russian Federation classifies theft as a criminal offense . In other words, this is a crime of varying severity - it can be either a minor sin or a rather serious charge. Categories of thefts are distinguished from the total mass of reports by how much, what and how were stolen. However, the basic definition remains general. The theft is carried out secretly and is the deliberate theft of the property of another citizen of the Russian Federation. If a citizen discovers a theft in the process of committing it, its name changes to outright robbery.
The differentiation of thefts by severity is specified in Article 158 of the Criminal Code of the Russian Federation . Let's look at the components of this legislative document in more detail.
Part one gives a comprehensive description of what theft is - it lists all the common (or standard) cases when an illegal act actually constitutes it.
The second part examines the concept of collective theft (committed by a team of people), and also examines the actions of pickpockets and theft from warehouses or offices (non-residential premises).
The third part separates from general thefts those that:
- Resulted in a major loss of the victim's property;
- Are made from apartments or residential buildings;
- They are related to the theft of the natural resources of the planet or country.
The fourth part describes the deliberate commission of thefts by criminal groups (organized gangs), as well as theft on an especially large scale.
Also, the article describes the penalties that apply to persons who have committed one or more of the above crimes. In addition to the type of theft and items, the punishment will depend on the method of committing the crime, aggravating or mitigating circumstances, and the value of what was stolen.
In this case, you will have to defend yourself using the same methods. It doesn’t matter whether you were accused of petty theft or a fairly serious crime.
Can you be prosecuted for false accusations?
Responsibility for knowingly false reporting of a crime is provided for in Art. 306 of the Criminal Code of the Russian Federation. If a person provided false information publicly, which affected honor and dignity, according to Art. 128.1 of the Criminal Code of the Russian Federation, this is a matter of private prosecution. The victim should apply to bring the perpetrator to justice and provide evidence.
Compensation for moral damage can be demanded according to the rules provided for by the Civil Code of the Russian Federation. If a case is initiated and the judge makes a guilty verdict, attach to the civil statement of claim a copy of the verdict that has entered into force, evidence of the dissemination of information and the discrepancy of the information with reality. For all questions related to unproven accusations of theft, you can seek advice from our specialists by contacting them through the website or by phone.
What to do if accused of a crime?
Defend yourself, definitely. To do this, you will have to prove to the court that you are innocent - more precisely, they cannot even bring charges against you without sufficiently strong evidence of your guilt. Remember this. The first and main method of your defense will be based on the presumption of your innocence . This means that your guilt must be proven in order for the fact of the crime to “fall” on your shoulders. Legal proceedings cannot begin unless the victim provides at least some evidence to government law enforcement agencies.
What this really means is that if you are innocent, you don't have to worry about anything. After all, the prosecutor simply won’t find evidence. However, inaction can lead to falsification of evidence against you , so the first thing to do is call the police yourself. Employees will need to explain that you are being accused of a theft that you did not commit. And also that you are ready to cooperate with the investigation in any way.
Next, you still have to confirm your words. It is best if you have an alibi or witnesses to your presence in another place - human testimony takes precedence over any technical evidence. However, if you cannot provide witnesses, no problem. Video and audio recordings, your photographs, and any confirmed fact that you were in another place or do not have a motive to commit a crime will do.
After this, if you are nevertheless charged and summoned to court, contact a lawyer. It is important to choose a specialist who specializes in thefts - this way you will ensure that the person knows what he is doing (he has eaten more than one dog at this). A lawyer will quite easily find evidence of your innocence if you really did not commit any crime.
If you were acquitted due to lack of evidence (and you really did not steal anything from your accuser), you can file a counterclaim that you were slandered. Accordingly, if the theft victim deliberately decided to defame you (and you have evidence of this), she herself will face criminal penalties for libel.
Moral compensation for an unfounded accusation of theft
Depending on whether a person’s false accusation of theft was intentional or not, not only the amount of moral compensation depends, but also the legal liability of the accuser: criminal or civil. In order to obtain financial compensation for the moral suffering suffered by a person as a result of his accusation of embezzlement or theft, it is necessary to go to court. First, you will need to thoroughly prepare, collect the necessary evidence of the illegal accusation of theft and substantiate the amount of claimed moral damage (Civil Code of the Russian Federation, Art. 55).
When going to court, the plaintiff independently determines the amount of the claim, but it is important to remember that when making a decision, the judge is guided by the principles of legality, fairness and proportionality.
Russian judicial practice shows that most often the judge assigns an amount to be paid that is 20-50% less than what was declared by the plaintiff, so you can safely indicate an amount greater than what is actually required.
Punishment
Different parts of Article 158 of the Criminal Code establish specific types, terms and amount of punishment when a citizen commits proven theft.
So, general legal penalties mean that you will have to:
- Pay money (fine) - no more than 80,000 rubles;
- Go to compulsory work - no more than 360 hours;
- Send to correctional labor for a period of no more than a year;
- Accept restrictions on your freedom for a period of no more than two years;
- Go through arrest - for a period of 4 months;
- Lose your freedom for a period of no more than two years.
Theft from pockets of clothing, non-residential premises or group theft (not organized crime) may be punished as follows:
- Two hundred thousand rubles of fines - no more, but less;
- 480 or less mandatory work;
- The assignment of correctional labor is for a period of no more than two years;
- Assignment of forced labor for a period of no more than five years;
- Imprisonment – up to 5 years in prison.
Major thefts, thefts from apartments and houses, as well as theft of the country's natural resources are punished as follows:
- Five hundred thousand rubles in fines – no more, but less;
- Imprisonment - no more than 6 years (in this case, a fine of 80,000 rubles may also be charged for subsequent violations);
- Forced labor – no more than 5 years.
Particularly large-scale thefts, as well as the activities of gangster groups committing theft, imply the following penalties:
- No more than ten years imprisonment;
- Fine up to a million rubles.
Who is the prosecutor?
If a person is accused by an employer, issues of such theft belong to civil liability. The manager may submit a corresponding application to law enforcement agencies. Charges of all kinds of thefts from stores are also being considered separately.
If the victim is accused of theft, then you need to invite him to contact the police. When the accused is not guilty and the other party is aware of this, he will not inform law enforcement officers of the matter. But this approach will only be effective if the other party knows for sure that the theft was not committed by a specific person.
When you receive a complaint to the police, you can file a response - about a denunciation, for example, from neighbors, which is obviously false. This approach can help if, for example, you found a phone, and you were considered the person who stole the equipment from the owner.
What to do if you are guilty of theft
Unfortunately, in this case you face one of the above options. To mitigate the situation or even agree to resolve the issue “peacefully”, it is necessary to confess to the crime, as well as return the stolen property . It would also be useful to pay the injured party compensation for material and moral damage. This process is called “conciliation” and will involve you fully resolving any disputes with the applicant. Criminal liability in such cases may not apply if the applicant abandons his claim.
The sentence is also mitigated by confession and cooperation with the investigation. You will have to fully admit what you have done, agree to compensation, and then the criminal punishment may become many times milder than originally intended by law.
How can you prove your innocence?
According to the law, a person who is suspected of committing any crime, including theft, is not required to do anything. In other words, he doesn't have to prove his innocence. But in practice, a lot depends on the actions of the accused. In particular, it is important to provide information that can refute the victim’s claims.
For example, a suspect may have an alibi for the time the theft occurred. Of course, witnesses will be needed to confirm his words. But the alibi must be real, as problems may arise for providing false information. For example, this applies to witnesses who have provided deliberately false testimony. They may be held accountable under Art. 307 of the Criminal Code of the Russian Federation.
Description of the actions of the person who was slandered
If you have been accused of theft, there is no need to panic. Remember, in such a situation, the most important thing is what evidence is presented by the accused party. If there are no documents, video or audio proving your involvement in the crime, then the court will not be able to find you guilty and impose punishment. The same applies to the circle of suspects; it should not be limited only to you. If you really didn't steal anything, then wait until the last minute. Know that the law is on your side.
Important! If you are dealing with your own case involving charges of theft, then you should remember that:
|
To get the most detailed advice on your issue, you just need to follow any of the suggested options:
|
What to do if you find a phone and are accused of theft? The item for theft cannot be found property. This is what is considered to be something that happens to be in a person’s possession. But! If a mobile phone is temporarily left by its owner, and he knows exactly where his device is, then it is considered that theft has taken place. The same applies to situations when the one who found the device knows exactly who it belongs to and does not want to return it. Another important point: property left on the territory of airports, railway or bus stations and other public places is the property of these premises. To avoid being charged with theft, you must give your find to the managers of these establishments.
Interesting! If we take into account the content of Articles 227-228 of the Civil Code of the Russian Federation, then if any find is discovered, you should try to transfer it to the owner. If you cannot establish his identity, take the item/equipment to the local government or the police. The time frame for returning a found item is not specified in the Code.
Who and how should confirm the crime
Only law enforcement agencies have the right to establish a citizen’s guilt. It is illegal to engage in arbitrariness and may result in serious sanctions from the law.
The police are required to carry out investigative measures. If she refuses to do this or points out that there is insufficient evidence of a crime, then you need to contact the prosecutor’s office.
This government body is not obliged to investigate the circumstances of the criminal case itself, but it can give appropriate instructions to the police department, after which they should take your application more seriously.
You can go to court only if you know for sure that the citizen you suspect actually committed theft, and also have some real evidence of this fact.
Objective and subjective sides
The object of a crime such as theft is property relations of a certain form. The subject is defined as other people's property and funds.
The subject of the offense is objects of the material world.
The objective side is precisely the secret theft of property of other citizens, to which the criminal himself had no rights. It is considered secret in the following cases:
- if it was committed in the presence of the owner, but unnoticed by the latter;
- when a crime took place in front of witnesses, but they did not understand that it was such;
- if it was admitted in the absence of the legal owner of the thing;
- when witnesses become persons who the offender knows cannot understand what is happening (mentally ill people or children);
- if the offense took place in the presence of witnesses who knew about the illegality of the act, but did nothing to eliminate it (for example, neighbors spy on a thief, but out of fear do not dare to confront him).
The subjective side of the crime is exclusively direct intent, the motive is a selfish goal.
The subject of the act is a capable person who has already crossed the age threshold of 14 years.
How is it proven
To substantiate the existence of a crime, possible witnesses to the incident are usually involved. Also required are CCTV camera recordings, photographs and videos that could have been taken by random passers-by.
The court takes into account all evidence found and provided when considering any criminal case and determining a specific preventive measure and its size.
