Secret theft of someone else's property provides for liability under Art. 158 of the Criminal Code of the Russian Federation - from a fine to imprisonment for up to 10 years. The article applies in the case of a completed crime, in which the attacker completed his plan. An attempted theft, which was stopped for certain reasons, requires a more careful consideration under the administrative and criminal regulations of the current legislation. With the participation of an experienced lawyer, the issue can be resolved on the spot (petty theft) or the rights of the perpetrator can be defended in court.
Note!
According to paragraph 2 of Art. 31 of the Criminal Code of the Russian Federation, in case of voluntary renunciation of a crime, criminal prosecution is terminated. If the action was not completed for other reasons, then the case is considered in conjunction with the actions committed and may lead to liability under the Criminal Code of the Russian Federation or the Code of Administrative Offenses of the Russian Federation.
Article of the Criminal Code of the Russian Federation: attempted theft and its definition
The difference between an attempted crime and an actual theft lies in the composition of the crime and the result of the attack. Signs of this act:
- intentional theft of someone else's property;
- use of stolen goods for personal purposes or transfer to third parties;
- the act was committed secretly, or the offender believed that he was acting unnoticed by the owner.
When attempting to steal, it is more difficult to determine the elements of the crime, since the guilty person can always justify his actions as an accident or a desire to purchase goods.
The Criminal Code has the concept of “attempted” theft. It is qualified according to the following criteria:
- what was planned was not completed;
- the culprit arbitrarily stopped further encroachment on property for the purpose of sale or personal use;
- direct intent to steal has been proven.
A clear definition of an unfinished crime is established in Art. 66 of the Criminal Code of the Russian Federation. The following punishment is provided:
- the total term for preparation for theft cannot be more than ½ of the maximum limit provided for in the article for a completed crime. With a sanction of 10 years of imprisonment, liability for an unfinished sentence can reach 5 years;
- The term for an attempt on property values is ⅓ of the maximum under Art. 158 of the Criminal Code of the Russian Federation.
The lawyers of our company will help you assess in detail the possible punishment and consequences of the crime by examining the facts of a particular case.
At what point is it considered completed?
Theft is a material crime. That is, criminal liability for a completed crime occurs if all the signs of the objective side are contained: the action, socially dangerous consequences and the cause-and-effect relationship between them. Therefore, the moment the theft ends is associated with the onset of socially dangerous consequences, which are expressed in causing damage to the owner of the stolen property. From this moment the theft is considered complete.
Important!
The Supreme Court in paragraph 6 of PPVS No. 29 indicates that the theft is considered completed from the moment the person has a real opportunity to dispose of or use the property.
If a person has completed all the steps to steal property, but does not have the opportunity to use it, then one cannot speak of a completed theft.
Here are two examples:
- Ivan steals property from Peter's apartment while he is not at home.
After confiscating the stolen property, Ivan calmly leaves the apartment building and freely gets to his own, where he gives part of the stolen property to his wife and keeps part for himself.After this, he is detained by law enforcement agencies.
In this situation, Ivan has a real opportunity to use Peter’s property at his own discretion, so the crime will be considered completed.
- Ivan performs the same actions.
However, when leaving Peter's apartment, he is detained by the police. In this situation, Ivan, although he stole the property, was unable to sell it as he had originally planned, that is, there was no real opportunity to use it. In other words, when the culprit is at the scene of the theft, he cannot dispose of the stolen property. This opportunity arises when a person leaves the scene of a crime.
In practice, it is very important to be able to distinguish between completed and unfinished theft, which we will talk about later.
Recommended reading:
What is theft? Understanding the concept and key features
Where to go if there is a theft?
Criminal legal characteristics of theft. Corpus delicti
Responsibility
When the theft could have been committed, but the offender stopped illegal actions without permission, this is regarded in court as a refusal of the crime. Awareness of the offense is considered a mitigating circumstance and is taken into account by the court in conjunction with the following facts:
- attempts of repeated theft by a specific person have not been established;
- the accused fully realized his own intentions, which he does not want to repeat in the future.
In the case of an unfinished crime for objective reasons (a powerful lock, a steel grill, a door, etc.), the act is regarded as completed.
The legislation has a number of articles that regulate attempted theft and unfinished crime under other articles:
- Art. 29 of the Criminal Code of the Russian Federation is an unfinished crime, which is regarded under Art. 30 of the Criminal Code of the Russian Federation and Art. 31 of the Criminal Code of the Russian Federation;
- Art. 66 of the Criminal Code of the Russian Federation - penalties for attempted crime, preparation for a crime that is unfinished;
- Art. 31 of the Criminal Code of the Russian Federation - voluntary renunciation of breaking the law, which implies criminal liability in the event of discovery of another element of counteraction (for example, burglary, damage to property, hooliganism, etc.);
- Art. 158 of the Criminal Code of the Russian Federation regulates the theft of property by illegal means, for which several types of punishment are provided:
- penalties;
- forced and compulsory labor;
- arrest;
- deprivation of liberty;
Note!
Investigative actions may be terminated upon pre-trial settlement of the situation in the event of agreement between the parties and reconciliation. In such a situation, an agreement must be concluded between the perpetrator and the victim, and the damage caused must be fully compensated.
In any situation, the presence of an experienced lawyer will not be superfluous. In our company you can get the following services:
- free initial consultation on any legal issues;
- support in court;
- registration of petitions, statements, claims and petitions;
- defense of the accused;
- personal presence of a lawyer or remote support.
If the fact of theft is proven, the perpetrator will be punished in accordance with the standards established by law. For minors, these measures are of a different nature, as determined by Ch. 14 of the Criminal Code of the Russian Federation.
Unfinished crime: features
A crime that is never completed can be divided into two stages. We will consider which ones further in the table.
Table 1. Stages characterizing an unfinished crime
| Stage | Description |
| Preparation | This stage includes the time period when the criminal takes active preparatory actions necessary in order to commit the intended act in the future. |
| Assassination | This stage includes taking steps to implement the planned crime, which were not successful only because something prevented it from the outside. |
It is not easy to distinguish between the moment when the criminal has just attempted to commit a crime, and when he has already done what he had in mind, but the consequences for the thief will depend on finding this point
Determining the moment when an attempt becomes a crime is the main task of government agencies. The fact is that it will be individual in each case, and it can only be assessed and identified by paying attention to the composition of the person’s unlawful actions.
If from the very beginning the actions committed by the criminal posed a danger to society, then this composition is considered formal. Provided that we are talking about a specific final danger for a specific person or property benefits, then the elements of the crime will be considered material.
The main signs of the material composition are harm:
- the life of the victim;
- health;
- property benefits of a given person.
Now that we have figured out what an unfinished crime is and specifically an attempt to commit an unlawful act, as one of its stages, let’s move on to considering the characteristics of theft.
The fact that the criminal failed to commit the theft is not a reason not to bear legal responsibility for unlawful intent
What would happen to attempted shoplifting?
Frequent cases of judicial practice include theft from self-service stores. The reason is the easy extraction and open access of goods. How the situation will be assessed in the event of an attack on an item or in the event of a theft being detected, depends on the management of the retail outlet, the competence of the security guards and the amount of damage caused. In fact, store management often does not want to contact law enforcement agencies, and the issue is resolved peacefully - by paying a fine and compensating for damages.
What liability is imposed in the event of attempted shoplifting under the law depends on the surrounding circumstances and the value of the stolen goods. In administrative and criminal proceedings, the following sanctions apply:
- minimum punishment - a fine of up to 80 thousand rubles;
- maximum liability for shoplifting by a customer or an employee of an institution is imprisonment for up to 3 years;
- if the value of the goods does not exceed 1,000 rubles, then the crime is classified as petty theft and requires payment of the value of the stolen goods in the amount of 5 times, but not less than 1,000 rubles;
- if the crime is unfinished (the attacker was caught red-handed by an employee of the establishment), then the preventive measures are regulated by Art. 66 of the Criminal Code of the Russian Federation.
Cases of petty theft by teenagers and minors can be dealt with at the crime scene, both in cases of completed and incomplete theft. In this situation, the decision is made by the store security guards - a warning, calling law enforcement officers, payment for the goods by parents or other relatives on the spot.
Note!
In Art. 20 of the Criminal Code of the Russian Federation clearly defines the age at which criminal liability for theft begins - 14 years. Until this point, the punishment rests with the child’s guardians and parents.
When is theft considered a completed crime?
The crime is considered completed when dangerous consequences occur. It may seem that the theft is complete at the moment the valuables are removed, but this is not so. Having read the definition of theft to the end, you can understand that the purpose of theft is not the removal of valuables, but their conversion in favor of the criminal or third parties.
That is, the goal of the act is achieved not at the moment of seizure of material assets, but when the criminal can freely dispose of them or has already disposed of them at his own discretion. It is at this moment that the theft is complete.
Completed theft
Due to the emergence in Russia of a large number of shopping centers, supermarkets and other retail facilities in which goods are freely available to visitors, thefts at such retail outlets occur frequently. Just as often, the question arises as to whether the theft is complete if the goods were seized, but the criminal was detained at the exit by security. Using the example of such a theft, we will explain when it is complete.
Let's say a criminal decides to steal a chocolate bar. If he put it in his pocket and went to the exit, planning to eat it on the street, but was detained by security, the crime is not over. If the attacker ate a chocolate bar right on the sales floor and was then detained by security, then the act is completed, since he disposed of the object of the theft.
The minimum amount of damage to initiate a criminal case in 2017 is 2.5 thousand rubles. For minor thefts, including food, liability will most likely be administrative.
The possible amount of punishment depends on whether the crime of which you or your loved ones are accused is declared completed or not. Not everyone can protect their rights on their own. Contact a lawyer immediately after filing charges. An initial consultation with lawyers can be obtained online. You can ask any questions you are interested in using the form on the website or by calling the numbers provided. A specialist will examine the charges against you, correctly classify the crime and monitor the progress of the investigation.
Recommendations
The degree of guilt of the accused of theft can only be determined through investigative measures and correct assessment of the property. In legal practice, there are cases of fraud on the part of cashiers and security guards, manipulation of evidence by third parties, and slander on the part of employees. In any situation, it is important not to get lost or panic, but to collect maximum evidence of your own innocence on your own or with the support of our company’s lawyers, who will assess the situation, give advice taking into account legal norms and represent the interests of either party in court.
