In accordance with Russian criminal legislation, the fact that a criminal act was not completed does not exclude criminal liability for its commission.
Chapter 6 of the Criminal Code of the Russian Federation establishes liability for unfinished crimes at various stages (preparation, attempt, completed crime).
Using the example of one of the most common elements of crime, let us consider in more detail the stage of an attempted criminal act.
- Attempted theft by a group of people
What is attempted theft?
An attempted crime is an act prohibited by criminal law, but not brought to its logical conclusion by the criminal due to circumstances beyond his control.
Any attempted crime is regulated by Article 30 of the Criminal Code of the Russian Federation, which deals with such stages as preparation and the actual attempt.
The same can be said about attempted theft. Theft in general understanding is the secret theft of someone else's property. In more detail - the secret, illegal seizure of someone’s property from the possession of a specific subject, committed for selfish purposes.
The subject of theft can be anything. Things, products, jewelry, cars, livestock, telephones, and so on, of any value and having a certain value.
One of the mandatory signs of theft and theft is the infliction of property damage to the owner in a certain amount.
To incur criminal liability, a criminal must overcome a certain cost barrier (expressed in a specific amount in rubles). Currently, this amount is 2,500 rubles . Theft for a smaller amount will be considered minor and will be punished administratively.
In case of theft, the crime is considered completed from the moment the criminal has the opportunity to dispose of the stolen property at his own discretion - sell, exchange, pawn, donate, hide temporarily, transfer to someone for storage, eat, throw away, use in any other way for the benefit of yourself or other persons.
Attempted theft, based on the definitions mentioned above, will be the secret theft of someone else’s property, which has not been completed (as a rule, the criminal does not have the opportunity to dispose of the property that has already been stolen, or he has not yet had time to take possession of it).
Any crimes in which an attempt is possible are classified under Part 3 of Article 30 of the Criminal Code of the Russian Federation and the corresponding article of the Criminal Code, in our case Article 158. On paper it will look like this - “brought to criminal liability under Article 158, Part 1, Part 3 Article 30 of the Criminal Code of the Russian Federation.”
Characteristics of preparation for theft
When studying preparation for committing theft, two sides are also distinguished. They can be described in more detail. The main features are shown in the table:
| Traits | Characteristic | Description of actions |
| Objective | Creating conditions for theft | Obtaining funds and tools for theft:
|
| Search for accomplices | Collusion; recruitment; study of suitable personalities | |
| Other | Studying the area; developing a plan; preparing the storage area | |
| Not taking actions to their logical conclusion | For objective reasons independent of the criminal’s intentions | |
| Subjective | Premeditation | The desire to take possession of someone else's property for the benefit of:
|
Hint: inaction leading to the taking of property is also considered intentional and illegal.
Features of establishing
In the legal field, it is quite difficult to uncover and prove the preparation of theft. To do this, it is necessary not only to confirm the presence of intent on the part of the suspect. You also need to prove:
- that a person had the opportunity to take possession of someone else's property;
- he had the necessary tools for this;
- another crime was planned.
As a rule, an attempt is classified somewhat differently. It is considered that such an act has been detected if there is a time gap between the beginning of the actions of criminal elements and the final result. Moreover, bringing the intention to completion is the opportunity to appropriate someone else's property. But this does not always happen due to circumstances that the thief is not able to influence.
Example 1 . Citizens S. and A. planned the theft of valuables from the house. N. S. had to climb into the apartment through the window and hand over the property to A., who was waiting in the yard. The start of the action was planned for a time when N. was at work and no one was home. And so they did. However, N. fell ill and returned from service earlier than planned.
N. caught the criminal in the apartment when he collected valuables near the open window. He detained the villain and called the police. Thus, the criminal act could not be completed. The actions of S. and A. were qualified as an attempt. After all, they could not take possession of the property.
Example 2 . D. worked in a warehouse. He planned to steal goods for the purpose of enrichment. He became friends with the watchman I. due to the joint drinking of alcoholic beverages. I found out when I. would start his shift again and arrived at the warehouse in his personal car, taking two bottles of vodka. He handed the alcohol to a friend, explaining his intention.
I. did not prevent the theft. D. loaded the goods into the car, but was unable to take it out of the territory. The comrades were taken by surprise by the head of security who came to check on I. This act was classified as an assassination attempt. Moreover, both were found guilty. D. organized the crime, I. contributed to it through his inaction, although he was aware of the illegality of the actions.
Examples of attempted theft
Let's look at a few typical examples of attempted theft of someone else's property.
Attempted shoplifting
We can safely say that theft in large chain stores is the most common in our time. Despite modern methods of protection in supermarkets, the organization of serious security of trading floors, the presence of video surveillance, thefts are committed there every day by tens and hundreds.
A considerable number of them are also stopped in these places precisely at the stage of the assassination attempt.
Example. Citizen Ya came to the Lenta hypermarket, hid a couple of sticks of sausage under his clothes, put a bottle of cognac in his jacket pocket, and put sweets and chocolate in his jacket pockets. When approaching the cash registers, Ya. was stopped by the store security guard and taken to the back room, where police officers were called to document the situation.
Having recalculated the cost of the goods that Ya tried to steal, the amount was established at 3 thousand rubles. Ya. honestly admitted to the police that he had the intention of taking goods from the store without paying, but was noticed and stopped by a security guard.
Y. was unable to use the stolen property and dispose of it at his own discretion due to circumstances beyond his control (he was detained by security). Subsequently, Ya. will be charged under Part 1 of Article 158, Part 3 of Article 30 of the Criminal Code of the Russian Federation for attempted theft of someone else’s property.
Attempted theft of funds
Example. Citizens O. and S. agreed in advance to steal money from ATMs located in accessible places in the city at night, purchased the necessary equipment and a car. O. and S. entered one of the bank premises, where there were several ATMs. The method used to open ATMs was determined by the comrades to explode the terminal body and further confiscate the cassettes with money.
O. pumped gas into two ATMs and lit the fuse, a strong explosion occurred, from which O. was concussed and lost consciousness, S. left the bank premises and drove away. O. was detained at the scene of the crime by the arriving officers of the Russian Guard. The next day S. was also detained.
In the actions of O. and S., the investigative authorities can reasonably determine the corpus delicti under Art. 158 part 2, part 3 of article 30 of the Criminal Code of the Russian Federation – attempted theft of someone else’s property. In this case, the criminals could not even take possession of the money, but nevertheless they will bear criminal liability.
We can summarize briefly.
- If someone tried to commit theft and was unable to bring his actions to the desired conclusion not of his own free will, we will have - attempted theft.
- Despite the unfinished nature of the criminal act, the person who committed the attempt will be held criminally liable.
- An exception to these rules will be a voluntary refusal to commit a crime.
Refusal to commit theft
The essence of voluntary renunciation of criminal intent is explained in paragraph 31 of the Criminal Code. Various actions are recognized as such:
- a person’s cessation of preparatory measures even before causing damage to the victim;
- refusal to bring the act to its logical conclusion;
- timely notification of law enforcement agencies about impending theft.
Attention: it is not enough to inform the police about criminal plans.
If the information does not interfere with their implementation, then paragraph 31 in the described part will not be applied during the investigation. The fifth paragraph states that the initiative of the criminal's accomplice will be regarded as a mitigating circumstance. Example 3 . Let's return to the above situation with employee D. and watchman I. Let's say that I., realizing the criminality of D.'s intentions and his responsibility, called the police. But law enforcement officers did not have time to detain the thief. He managed to sell the exported goods and spend part of the profit. There is a theft. Moreover, during the investigation, the guilt of both accomplices will be classified. I. is guilty of not interfering with D.’s plans immediately when he learned about them.
When investigating unfinished theft, the reasons for refusing it are identified. To apply paragraph 31, it is necessary to prove that the refusal occurred at the thief’s own will, and not under the pressure of circumstances.
Example 4 . R. decided to steal valuables from the safe. He climbed into the house, but was unable to open the vault. He had to leave the scene of the crime without causing damage to the owner. This development of events does not save us from responsibility. The subjective part of the guilt can be proven by the presence of plans to try again. In addition, objectively, the failure to complete the theft is due to the inability to cope with the lock.
According to the text of paragraph 31 of the Criminal Code, voluntary renunciation of criminal intentions exempts from criminal prosecution. However, it does not relieve responsibility for related violations of the law. A person will be convicted for the actions that he committed before realizing his guilt.
Example 5 . O. decided to steal a large sum of money from his relative L. He repeatedly came to L. in order to find out the situation and notice the place where he kept the funds. Having learned that L. was leaving for a week on a business trip, O. broke the door lock and entered the apartment. However, he did not take the money. At the last minute, he abandoned his criminal intent. Consequently, O. is not guilty of theft, but he will have to answer for breaking and entering.
Punishment for attempted petty theft under the Code of Administrative Offenses of the Russian Federation
Russian criminal legislation does not provide for criminal liability for attempted petty theft or attempted petty theft upon its initial commission.
The administrative legislation of Russia does not provide for liability for attempted, or rather attempted, petty theft. In other words, administrative liability is possible only for completed trains .
And in general, this area of law does not contain the concept of theft. It is borrowed by analogy from criminal law. This is a kind of gap in the legislation and creates certain problems in law enforcement.
Petty theft, punishable by the administrative code of Russia, means theft committed by theft, fraud, misappropriation or embezzlement, if the value of the stolen property does not exceed 1000 and 2500 rubles, respectively, for the first and second parts of Article 7.27 of the Code of Administrative Offenses of the Russian Federation.
And also in the actions of a person there are no 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).
The amount of property damage caused to the victim should not exceed the amount of 2,500 rubles, otherwise petty theft turns into the most common - criminal, with all the ensuing consequences.
So, in order to bring a person to administrative responsibility for petty theft, the following signs must be present:
- property damage caused by an act not exceeding 1000 and 2500 rubles, respectively, according to parts 1 and 2 of the Code of Administrative Offences;
- absence of qualifying features of the relevant articles of the Criminal Code.
- the offense must be complete.
An example of petty theft. Citizen E. in the Auchan hypermarket hides a bottle of whiskey under items of clothing, enters the technological room of the store and drinks the contents of the bottle, after which he goes out. On his way out, E. is stopped by a security guard and discovers an empty bottle. Recordings from CCTV cameras confirm E’s actions. Based on the assessment of the goods, the cost of a bottle of whiskey was determined to be 2,350 rubles. During a preliminary check with the police, it was established that E. had not previously been brought to administrative responsibility for theft.
The qualifying features of Article 158 of the Criminal Code have not been established in E.’s actions. There is evidence of E. committing petty theft, punishable under Part 2 of Article 7.27 of the Code of Administrative Offenses of the Russian Federation.
If citizen E. in this situation stole, for example, a shirt of similar value and was detained by a security guard, then no corpus delicti or crime would be found in his actions. Since E.’s actions would not be considered completed, there is no sign of the possibility of disposing of property at his own discretion.
The absence of the concept of stages of commission in administrative legislation not only creates the preconditions for the possibility of endless unpunished attempts at theft in stores, but also various problems and diversity in the enforcement of these articles.
You should not expect to go unpunished in these situations.
For example, in some regions, administrative liability for attempted thefts in the same stores is applied and the persons committing these attempts are held accountable (courts interpret the end point of the act differently).
In cases of attempted theft of food and alcohol, some courts recognize the fact of disposal of property as having taken place - they could drink or eat.
Persons who damage products while attempting to take possession of someone else's property are subject to civil damages through the courts.
And in general, all the staff, as a rule, know the people who constantly commit petty thefts in stores and they try not to let them in, they are closely watched and sooner or later they are brought to justice either administratively or criminally.
Decoding concepts
Attempted theft is regarded under Article 158 of the Criminal Code of Russia only if the following signs of a crime are present:
- selfish purpose, i.e. the crime must have the intent to obtain benefits from the theft of property;
- gratuitous in nature, i.e. for the secretly seized property its cost will not be paid, no other property of equal value will be provided for it, or the cost will not be fully covered;
- the presence of material damage, i.e., if a crime were committed, the owner of the property would suffer damage. The amount of damage affects the measure of restraint. It is calculated from the value of the property at the time of the theft attempt or based on the conclusion of an expert commission.
The concept of theft, and, accordingly, attempted theft, includes only those acts that are aimed at secretly confiscating property that does not belong to the criminal, as well as property to which he does not have an alleged right.
The presumptive right to own property refers to the debt the victim owes to the offender. Accordingly, secret theft or its attempt is carried out to cover the debt. In this case, the crime will be regarded as arbitrariness and will fall under Article 330 of the Criminal Code of Russia.
You should know:
- the seizure of property is usually understood as the actual transfer of property from the owner to the criminal or other persons in whose favor the crime is committed;
- preparation of theft is considered to be thinking over the details of committing a crime, drawing up plans, searching for accomplices, preparing related tools and other signs of an offense that provide conditions for the possibility of committing a crime;
- attempted theft is considered to be intentional actions aimed at committing an illegal act that is not completed for any reason dependent or independent of the offender.
If the offender can (has the potential) to complete the crime, but does not complete it, then the court may qualify this as a refusal to commit the crime.
In this case, the following factors are taken into account when making a decision:
- voluntary refusal to commit a crime;
- no attempts to commit this illegal act a second time;
- refusal of a crime due to its illegality, i.e. a crime is not committed due to the fact that criminal liability is provided for it. This rule is regulated by Article 31 of the Criminal Code of Russia.
Responsibility for attempted theft under Article 158 of the Criminal Code of the Russian Federation
Theft, in accordance with Russian criminal law, is the secret theft of someone else's property. The main composition in law enforcement practice, accounting for up to 60% in the structure of crime in Russia.
The elements of theft are enshrined in Article 158 of the Criminal Code of the Russian Federation. Attempted theft will be qualified accordingly as Article 158, Part 3 of Article 30 of the Criminal Code of the Russian Federation.
As already described above, the damage caused to the owner for criminal theft and attempted theft must be at least 2,500 rubles for unqualified personnel of the first part of Article 158.
The structure of the article is 4 parts, the main composition and 3 parts of qualified characteristics.
Responsibility for committing criminal theft (and attempting it) begins at the age of 14 .
- The object of the composition is a property right protected by law.
- The subjective side is characterized by direct intent.
- The objective side is expressed in the form of an action by a person aimed at the illegal, secret seizure of property from legal use and the emergence of the opportunity to dispose of this property at his own discretion.
Qualifying elements include attempted theft:
| By a group of persons by prior conspiracy | Part 2 of Article 158 of the Criminal Code of the Russian Federation |
| Entering a room or storage facility | |
| To a significant extent | |
| From clothes or bags carried by the victim | |
| From a home with illegal entry | Part 3 of Article 158 of the Criminal Code of the Russian Federation |
| From the oil and gas pipeline | |
| From a bank account, as well as in relation to electronic funds | |
| Large size | |
| In a particularly large size | Part 4 of Article 158 of the Criminal Code of the Russian Federation |
| Organized group |
In the table below we will also consider the penalties defined in the Criminal Code of the Russian Federation in accordance with parts of Art. 158.
Attempted theft by a group of people
A group attempted theft in relation to theft is the commission of theft by a group of persons by prior conspiracy.
A group in various compositions of the Criminal Code is 2 or more people taking part in a crime. Preliminary conspiracy should be understood as an agreement between the persons involved in the theft to act together before the commission of a crime.
A crime committed in a group will be recognized as any, regardless of the role of participation in the theft (for example, one stood on the street, observing the actions of a security guard, the second stole in the premises, if the intent and purpose were agreed upon in advance, there will be a group of persons).
Attempted grand theft
A large amount for theft of all types, including theft and attempted theft, is the amount of damage exceeding 250,000 rubles .
The concept of large and especially large damage is established in the note to Article 158 and, in connection with this, has an unambiguous understanding and application.
In a particularly large size
A particularly large amount is provided for in Part 4 of Article 158 and amounts to an amount exceeding 1 million rubles .
To a significant extent
This characteristic differs from the large and especially large sizes listed above in that it does not have a fixed meaning.
The amount of significance starts from 5000 rubles . And further importance is given to the characteristics of the property status of the injured owner (income from the place of work, ownership of movable and immovable property, etc.).
For example, for the owner of a plant with an annual profit of several tens of millions, damage of 200 thousand rubles may be insignificant. And for a pensioner, the loss of even 5,000 thousand will be definitely important and significant.
| Sanctions in the Criminal Code | Article 158 of the Criminal Code of the Russian Federation | |||
| Part 1 | Part 2 | Part 3 | Part 4 | |
| Fine | Up to 80 tr. | Up to 200 tr. | From 100 to 500 tr. | — |
| Mandatory work | Up to 360 hours | Up to 480 hours | — | |
| Correction work | Up to 1 year | Up to 2 years | ||
| Restriction of freedom | Up to 2 years | — | ||
| Forced labor | Up to 2 years | Up to 5 years | ||
| Arrest | Up to 4 months | — | ||
| Deprivation of liberty | Up to 2 years | Up to 5 years | Up to 6 years with or without a fine | Up to 10 years with or without a fine of 1 million |
As can be seen from the table above, the legislator has provided for the entire range of possible types of punishment provided for by criminal law for committing theft. The most serious and widespread is the deprivation of liberty of a citizen for a term of up to 10 years according to the fourth part of the offense.
Responsibility for an attempt on various elements of the criminal code provides for the imposition of punishment in a particularly specific manner.
So, in accordance with Article 66 of the Criminal Code of the Russian Federation, in case of an attempt, the term and amount of punishment cannot be higher than three quarters of the maximum term or amount of the most severe type of punishment .
In the composition under consideration - no more than 7.5 years for attempted theft on an especially large scale under Part 3 of Article 30, Part 4 of Article 158 of the Criminal Code of the Russian Federation.
Theft on a small scale
Most often, law enforcement officers are faced with the theft of items of small value or small amounts of money.
Such an offense is not subject to punishment under the Criminal Code. Responsibility for it applies according to paragraph 7.2 of the Code of Administrative Offences. In this article, the amount of stolen goods is limited to two and a half thousand rubles (maximum). Moreover, penalties are divided depending on the specific cost of damage as follows:
- up to one thousand rubles;
- from 1,000.0 to 2,500.0 rub.
Such an offense is punished in various ways. They are shown in the table:
| Amount of damage | Fine | Arrest (days) | Mandatory work (hours) |
| Up to 1,000.0 | Fivefold, but not less than 1,000.0 | Up to 15 | Up to 50 |
| Up to 2,500.0 | Also, but not less than 3,000.0 | From 10 to 15 | Up to 120 |
When investigating petty theft, all the circumstances of the case are examined. The following are considered aggravating:
- conspiracy of persons;
- damage to property;
- entering a room or home;
- commission of an offense by a previously convicted person.
Important: petty theft can be punished under the Code of Administrative Offenses, and other offenses can be classified under the paragraphs of the Criminal Code.
Example 6 . N., being in the same company with M., heard the latter’s boasting about a successful deal. M. told his friends that he had become the owner of a large sum of money. N. decided to steal the funds. He followed M. and found out his residential address. After waiting until the morning, when the owner of the house left for work, he climbed into the apartment. After searching the premises, I found neither money nor valuables. I grabbed a watch from the apartment that looked expensive.
The value of the stolen property turned out to be insignificant, only 500.0 rubles. However, M. was found guilty of breaking into a residential premises. He was tried under paragraph 158 of the Criminal Code (Part 1).
Incomplete shoplifting
This is the most common case of petty theft.
Attackers do not always try to take over a company's property for selfish reasons. Often such actions are carried out out of mischief. However, the reason in this case does not relieve guilt. When an intruder is caught, security must call the police to investigate the theft. However, this does not always happen. As a rule, the first step is to estimate the value of the stolen property. If it does not reach 2.5 thousand rubles, then the security acts according to the instructions of the supermarket owner. Such an offense is punishable by penalties under the Code of Administrative Offences, which is known to the employees of the institution. They act according to the situation:
- make up a description of the attacker;
- decide to involve the police.
At the same time, security officers take into account the main features of the application of punishments described above. Law enforcement officers are involved if serious damage could be caused to the enterprise. That is, the value of the stolen property is high. In other cases, the goods are taken away and the attacker is released. At this moment, the thief’s voluntary repentance will influence the security’s decision.
The police are usually involved in the investigation in the following situations:
- participation in the theft of a group of persons was revealed;
- the caught thief has obvious antisocial tendencies;
- a man was caught who had previously been caught stealing.
Attention: not calling the police when detecting theft in a store of any size is a reckless act. Security guards may be harmed if information reaches law enforcement.
About forgetfulness of buyers and malicious intent
Nowadays, a common situation is when a person takes an item in a supermarket and forgets about it when he goes to the checkout.
Psychologically, this behavior is understandable, because there are a lot of goods in the hall that distract attention. It’s easy to forget where shopping began. Theft is detected after the client has paid for the purchase. The security is not inclined to believe the attacker's explanations. And it is extremely difficult to prove the absence of selfish intent in this situation. If the police are involved, then such forgetfulness ends in a lawsuit. The price of unpaid goods affects only the size of the penalty and its qualification. Sometimes forgetfulness can lead to criminal prosecution. Shoppers should be more careful in supermarkets.
Important: only the court can punish petty and any other theft. It is illegal for supermarket employees to demand payment of a fine.
How to prosecute for attempted theft?
The procedure for bringing someone to justice for theft or attempted theft is quite simple.
Every detected case of theft or attempted theft must be reported to law enforcement agencies , and in particular to the nearest territorial police department. The message can be made in any way convenient for you: telephone, fax, message on the website, personal visit to the police.
After the message, the owner must write a statement in which he indicates when, where and who tried to steal your property, whether you have a suspect, and indicate without fail what damage was caused to you.
If you attempt to steal from a retail outlet, confirm the possible damage with documents (results of a documentary audit, a certificate of the value of the goods), ensure that security and store personnel are interviewed, and provide video surveillance recordings during the attempt.
Amount of damage
The minimum amount of damage for theft and attempted theft is recognized to be an amount equal to 1 minimum wage as of the beginning of 2006, namely 1,100 rubles.
If the amount is less than the minimum, the offense is considered not criminal, but administrative. It is controlled by Article 7.21 of the Code of Administrative Offenses of Russia.
In punitive measures there are various concepts of damage, on which the choice of liability depends. These include:
- significant damage - from 5,000 rubles;
- major damage – from RUB 250,000;
- especially large damage – from RUB 1,000,000.
What to do if you are accused of attempted robbery?
If you are accused without reason, you need to behave calmly and communicate your opinion about what is happening to the police. If necessary, if you believe that your rights are being violated, you can contact the supervisory authority - the prosecutor's office.
We have already described in detail how to behave when accused of theft. Read the material and remember, you are not required to prove your innocence.
In any case, whether you are really guilty or not, if you are accused of attempted theft, it is best to use the help of a professional person - a theft lawyer.
Perhaps one free consultation received on our website will be enough, at which you will be advised what to do, or in the future enter into an agreement with a lawyer on a paid basis.
Rights of the victim in case of unfinished theft
The victim, as a participant in criminal proceedings, has his procedural rights provided for in Article 42 of the Code of Criminal Procedure of the Russian Federation, regardless of whether the crime was completed or not, i.e. he has the right to get acquainted with the case materials, file petitions, participate in court proceedings, etc.
In addition, if the victim, in connection with the attempted theft by the defendant, suffered moral damage, he has the right to file a claim for compensation for such damage by the defendant.
In addition, the victim has the right to reconcile with the defendant, and in this case the defendant may be released from criminal liability.
USEFUL : for more information about protecting the victim, follow the link, and also watch the video from YouTube
Regardless of whether a person wanted to commit a crime or did nothing at all, and he is charged, both will need the help of a lawyer. In the event of an attempt to commit theft, the lawyer will tell you how to behave, what actions can be taken so that the punishment is as lenient as possible, and if an unfounded accusation is brought, then it will be necessary to investigate and prove that the person did not try to commit the crime that he is charged with.
Our lawyers in such cases have extensive experience, which plays an important role in choosing the right tactics to protect the accused and defendants.
Recommendations
Theft can occur in a store, at an enterprise, on public transport, in a bank and in other places. How to deal with theft? Experts recommend developing a specific action plan aimed at stopping unlawful actions. Of course, its preparation should be carried out taking into account the characteristics of the team, enterprise, and other circumstances. For example, the security system in a factory and in a sales area will be significantly different. However, some general guidelines can be identified:
- Development of local regulatory documents. The established rules must be written down in special documents. Each subject should familiarize themselves with them. At the enterprise, much attention should be paid to work regulations and the content of job descriptions. The system of individual and collective financial responsibility is of no small importance. The development of local regulations is mainly about preventing theft.
- Formation of a control and accounting system. The head of the company should always have access to information about the product at each level of its movement. This will not only allow you to monitor the production process, but will also provide the opportunity to conduct a sudden inspection of it. Employees, in turn, if such a system is in place, will understand that any illegal action will definitely be detected.
- Checking a new employee. When applying for a job, a candidate provides a certain package of documents. They must be checked for authenticity. In addition, it is advisable to inquire about the previous place of work and request a reference for the employee from there. It is imperative to identify a person’s bad habits. In particular, the craving for gambling, drinking, etc. is of particular importance.
- Careful selection of employees for the management staff. It must be remembered that in any enterprise the administration acts as a standard, a model. She sets the tone for the work. Managers contribute to the creation of the image of the general director and shape the attitude of employees towards the head of the company. That is why the administrative apparatus must contain verified, and most importantly, honest people.
- Identification and harsh criticism of theft. Cases of detection of violations and identification of those responsible must be made public within the enterprise team. The manager should develop a scheme according to which he will have the opportunity to get rid of careless employees as soon as possible. In such cases, exceptions and concessions cannot be made under any circumstances. If local regulations establish strict rules and provide for specific measures aimed at combating theft, they must be strictly followed.
It should also be noted that it is extremely important to adhere to ethical standards when interacting with staff. In the process of counteracting and bringing to justice employees caught stealing, the rights of honest, conscientious employees must not be offended or in any way infringed.
Punishment should only be reserved for guilty persons.
Qualification of the crime
To determine the corpus delicti and prescribe penalties, law enforcement officers determine under what circumstances the crime was committed. In particular, whether the actions of the criminals are theft or robbery or robbery. If it is determined that no threats or violence were used against the owners of the stolen property during the theft, the investigation begins to clarify other circumstances:
- Was the crime committed by prior conspiracy or spontaneously? If it is possible to prove a preliminary conspiracy, the crime is classified under Part 2 of Article 158 of the Criminal Code.
- Whether the criminals were a non-permanent random group or an organized group of trained robbers.
- Have the group members been previously observed in this type of activity, have they committed thefts before in this group, and is the crime a repeat crime?
Also during the trial, attention will be paid to the presence of mitigating circumstances, whether the criminals can compensate for the damage to the victim and whether the latter agrees to a mitigation of the punishment. But, regardless of whether the criminals managed to sell the stolen goods or can return the property to the victim, the crime will be considered completed from the moment the theft is carried out
An unsuccessful theft attempt is classified under a different article - we will talk about this in a separate article.
Something is not clear? and get expert commentary
Arbitrage practice
Court decisions when considering cases of unfinished thefts are made taking into account many factors. The main ones are:
- the amount of potential damage to the victim;
- the reason for the incompleteness of the crime;
- the presence of preparatory measures for committing a crime;
- purpose of attempted theft, possession, transfer to third parties, permanent use or temporary use.
Let's consider certain types of thefts and the main decisions that are made on such crimes.
Attempted car theft
Since the theft of a car is mainly associated with major damage (the cost of cars is more than 250,000 rubles), the preventive measure is mainly chosen according to paragraph 3 of Article 158 of the Criminal Code of Russia. If the cost of the car exceeds 1,000,000 rubles, then paragraph 4 of Article 158 of the Criminal Code of Russia comes into force.
If the attempt is made without the purpose of theft, then liability is provided for under Article 166 of the Criminal Code of Russia. Such cases may result in actual imprisonment.
Attempted shoplifting
If attempted shoplifting is committed by a minor, most cases are handled on the spot by store security guards. In this case, police officers are involved and a warning is issued. Cases of attempted theft that fall under Article 7.21 of the Code of Administrative Offenses of Russia are resolved in the same way.
If the attempted theft is committed by adults, then the cases are considered on a general basis. The only condition is mandatory merchandising examination, which will determine the potential value of the goods. It is the decision of the experts that determines under which paragraph of Article 158 of the Criminal Code of Russia the case will be considered. Depending on this, a preventive measure will be chosen. Basically, the cost of goods does not exceed the amount of 250,000 rubles, and therefore in such cases there is no real imprisonment.
Attempted cell phone theft
Basically, the cost of mobile phones varies from 5,000 to 15,000 rubles, and, accordingly, they are considered under paragraph 2 of article 158 of the Russian Criminal Code.
The cost of potential damage is calculated by judicial or independent experts. For the most part, such cases do not threaten actual imprisonment.
Release from liability
A person can be released from liability provided that the amount (cost of the stolen property) is less than 1,000 rubles.
In addition, criminal law guarantees exemption from liability if a citizen independently refuses to continue the implementation of his criminal intent aimed at stealing valuables.
For example, a man took a bottle of cognac from the counter and decided to take it out of the store in his jacket sleeve, without paying anything. After a few minutes, he decided to return the alcohol and put the bottle back in its place.
In this case, they cannot be held liable. If the man had taken out the bottle, then liability would have arisen under an administrative violation - Article 7.27 of the Code of Administrative Offenses (petty theft).
This is a standard classification of shoplifting, when an item is taken from the shelves, or when something not very valuable is taken from the street. But there is no fact, there is no punishment.
In addition, administrative legislation does not provide for such concepts as attempt or preparation for theft, so in most cases there is no liability.
How to protect personal information in advance?
- Check if you have the ability to remotely lock your smartphone activated. With its help, you can block attackers' access to data on your device and even erase it.
- Always use a complex PIN or biometric login. Even if your phone is stolen, the thief will have to make an effort to “hack” the lock and gain access to the contents of the smartphone.
- Back up your data regularly or set it to run automatically once a week. This way, you will save valuable data in any case, even if you lose your device.
- For the same reason, store photos, videos, and documents in the cloud rather than on your device. In this case, you can remotely erase everything from the device without damaging important files, while the data itself will be preserved.
- Find the IMEI and serial number of your device in the settings and write them down - the numbers can be useful if the device is stolen. The 15 digits of IMEI can be found on the packaging and in the warranty card or by typing the command *#06#. The serial number can be found on the packaging or in the device information (in settings).
Objective and subjective signs
A crime is characterized by an action (inaction) aimed at realizing criminal intent, constituting its objective side. For the most part, it comes down to actions.
It all depends on the type of theft. In accordance with the first part, the beginning of the attempt coincides with the beginning of the criminal’s actions aimed at committing a crime.
If the qualification is under paragraph “a” of part 3 of the article, the beginning of the attempt to commit a crime will be considered the moment when the offender illegally ended up in someone else’s premises.
The object of the crime being committed is property relations. The object at which the intent is directed is all valuables, including money and property.
A crime is committed only with direct intent - a sign of the objective side. This point is key, since it is it that indicates that the act poses a danger to society.
This means that the criminal not only assumed, but initially knew about the illegality of his intentions and still tried to do everything necessary to commit the planned theft.
Only a person with full legal capacity, aged 14 years or older, can be charged under this article. It is such persons who act as subjects of crime from the point of view of criminal law.
Watch the video. Theft (Article 158 of the Criminal Code of the Russian Federation):
