Appropriation of someone else's property: Article 160 of the Criminal Code of the Russian Federation

The types of punishments for appropriation of someone else's property in the Criminal Code of the Russian Federation are regulated by legislative act number 160. I did not fully know what is meant from a legal point of view by such a concept as appropriation. In this regard, I unintentionally appropriated someone else's property. After that I suffered criminal punishment.

To ensure that other individuals do not engage in misappropriation of various types of property, I will explain how this process is interpreted in the legislative framework. In addition, this article will discuss what types of punishments are provided for offenses of this kind, as well as how long the period of their validity is. I will also touch on the topic of special categories of appropriation, which imply more severe forms of punishment in contrast to the standard crime.

Appropriation of someone else's property under the Criminal Code of the Russian Federation

Article number 160, which is contained in the Criminal Code, specifies the types of liability for misappropriation. In addition, this legislative act provides regulations on penalties for embezzlement. To begin with, I propose to understand what such a concept as appropriation means from a legal point of view. If an individual who was entrusted with a certain property object began to handle it illegally without permission from the owner, then this is considered a real misappropriation.

An act of circulation of this kind must be gratuitous and carried out with the aim of using the property for personal benefit or the benefit of other people. As for embezzlement, this is the waste of entrusted property, carried out for one’s own benefit. For example, embezzlement includes the consumption of someone else's property, its transfer to other individuals (renting out an apartment without the owner's knowledge), and the like.

Please note that Article 160 of the Criminal Code of the Russian Federation treats the concepts of misappropriation and embezzlement on a par with theft of property. This is evidenced by the first paragraph of the legislative act.

Responsibility for appropriation

Acts such as misappropriation, as well as embezzlement in relation to other people's property, are criminally punishable. The first part of Article 160 states that the listed actions are equivalent to theft. As for the types of punishments, first of all, this is a monetary fine. The maximum amount that may need to be paid to a convicted person is 120,000 rubles.

If at the court hearing it was decided to withhold the fine using wages (or other main type of income), then this procedure will be carried out within a year. In addition, they may be ordered to perform various types of work - compulsory (no more than 240 hours) or corrective (about six months).

For the misappropriation of entrusted property objects, an individual may face restriction of freedom. Liability of this kind applies for a maximum period of two years. The same period is established in situations where a sanction such as forced labor is awarded. In addition, an individual guilty of embezzlement or misappropriation of property that does not belong to him may be imprisoned. This procedure is carried out for two years.

Special assignment categories

In the second, third and fourth parts of the same 160 legislative act from the Criminal Code, special categories of such a crime as embezzlement are prescribed. If a criminal has committed one of the offenses listed in these paragraphs, then he will face more stringent penalties. I propose to consider each part of the article in more detail:

Second point. Here we are talking about the commission of misappropriation (embezzlement) not by one individual, but by several criminals. If a group of persons acted, then punishments for them will be imposed precisely on the basis of the second part of 160 of the act. The same applies to cases in which theft of this kind caused significant damage to the owner. In order to determine whether the damage was significant, the property status of the owner is analyzed. However, damage of this kind in any case cannot be less than five thousand rubles.
Third point. This part of the article comes into force if an individual managed to commit embezzlement by abusing his official position. In addition, the third point is also relevant in situations where, as a result of the appropriation of a property entrusted to the convicted person, major damage was caused. If the amount of damage is equal to or more than 250,000 rubles, then it is considered large.
Fourth point. If an individual has carried out illegal actions prescribed in the first, second or third paragraph of the article as part of an organized group, then he will be punished on the basis of the fourth part. In addition, this paragraph is also devoted to situations related to theft on an especially large scale. Losses caused in amounts exceeding 1,000,000 rubles are classified as damage of an especially large type.

It should be noted that the amount of amounts on the basis of which the type of damage is established is identified in article number 158 of the Criminal Code. This act is dedicated to thefts.

Types and duration of punishments

For assigning a special category to an individual, an individual faces a fine. If the second part of Legislative Act 160 was violated, then the maximum amount of penalty deduction is 300,000 rubles. If this amount is collected using the main type of income of the convicted person, then it will take approximately two years to provide it.

In case of deviation from the third paragraph of the article, the fine is no more than 500,000 rubles, and salaries are withheld for at least one year, and for a maximum of three years. Also, the convicted person can expect compulsory work (about 360 hours under Part 2 of Article 160). Even in case of conviction under the second paragraph of the article, correctional labor is approved for a one-year period or forced labor is established for a five-year period of time. The offender may be imprisoned for a period of the same duration.

If the crime of embezzlement is regulated by the third paragraph of the article, then, in addition to a fine, the violator may be prohibited from holding his position for five years. Compulsory labor is imposed for five years, and a sanction such as imprisonment is approved for six years. In addition, an additional fine may be imposed in addition to imprisonment. The amount of the sanction is no more than 200,000 rubles. In addition, it is possible to approve a restriction of freedom for a period of up to 18 months.

If the offender goes beyond the scope of paragraph 4 of Article 160, then he will be imprisoned for ten years and, in addition, may be ordered to pay a fine. The amount of deduction should not exceed 1,000,000 rubles. If the penalty is withheld from the main type of profit of the convicted person, then this procedure will take place within three years. In addition to these sanctions, the offender may be subject to restrictions on his freedom for two years.

Responsibility under the Code of Administrative Offenses of the Russian Federation

To qualify actions for retention in accordance with the norms of the Criminal Code of the Russian Federation, the result of the committed actions must be the infliction of significant harm. The category of “substantial harm” is evaluative; in each specific situation it is determined in accordance with the circumstances of the case; the issue of materiality is decided by the court.

If these actions do not cause significant harm, they are qualified as arbitrariness under Article 19.1 of the Code of Administrative Offenses of the Russian Federation.

Article 19.1 of the Code of Administrative Offenses of the Russian Federation

This article provides for the following sanctions:

warning;
a fine of 100 to 300 rubles. for individuals and in the amount of 300 to 500 rubles. for officials.

Main conclusions

Article No. 160 of the Criminal Code of the Russian Federation regulates penalties for illegal retention of someone else’s property (embezzlement/misappropriation).
If the appropriation was a group one or caused significant damage to the owner, then Part 2 of Article 160 comes into force.
The third paragraph of the same law is relevant if the criminal took advantage of his official position or committed a grand theft.
If the misappropriation caused particularly large damage or was committed as part of an organized group, then punishments are imposed in accordance with paragraph 4 of act No. 160.

Liability for an offense under the Criminal Code

These crimes are long-term; liability will occur only if the item was in the use of a citizen who does not have the appropriate rights for a certain period of time.

There is no indication of the exact period in the legislation. As a rule, the starting point is the moment the victim contacts law enforcement agencies. Responsibility varies depending on the elements of the crime.

Article 160 of the Criminal Code of the Russian Federation

Important! The sanction of this article provides for the following punishment options:

a fine of up to 120,000 rubles;
compulsory work lasting up to 240 hours;
correctional labor for up to six months;
imprisonment for up to two years.

Article 330 of the Criminal Code of the Russian Federation

The sanction of this article provides for the following punishment options:

a fine of up to 80,000 rubles. or in the amount of income for six months;
compulsory work lasting up to 480 hours;
correctional labor for up to two years;
arrest for up to six months.

Please note! If there is violence or a threat of violence in the actions of the subject of the crime, the sanctions will be as follows:

forced labor for up to five years;
imprisonment for up to five years;
arrest for up to six months.

Persecution of a person: article of the Criminal Code of the Russian Federation.

Read how to write a statement about personal insult here.

What is the responsibility for invasion of privacy, read the link:

Appropriation of state property

When qualifying actions to appropriate someone else's property committed by officials, the position held plays a special role.

For example, if the appropriation of an item that is in a laboratory or warehouse was made by a warehouse worker or laboratory assistant, difficulties usually arise in qualifying his actions.

The situation becomes more complicated if the crime was committed by the head of the organization, since he has a wider range of powers with which he can legalize his actions.

For example, a manager may enter into a fictitious agreement in order to sell the property he is interested in to a predetermined counterparty. The external legal nature of the transaction should not serve as a basis for exemption from liability.

If an official is found guilty of these actions, he is given a punishment, the upper limit of which is seven years in prison. In case of abuse of official powers, in accordance with Article 285 of the Criminal Code of the Russian Federation, the specified period is increased to ten years in prison.

Legislation on unlawful detainment of someone else's property

There is no separate provision of law containing the offense of unlawfully retaining someone else’s property and the punishment for this. However, actions to delay a thing and prevent access to it by the rightful owner appear in different legislative acts in different guises.

Such actions can be classified as a crime according to the provisions of the Criminal Code (Article 330 - arbitrariness, Art. 160 - misappropriation and embezzlement).
Such actions can be regarded as an administrative offense according to the norms of the Code of Administrative Offenses of the Russian Federation (Article 19.1).
Civil legislation aims not to punish, but to return, and therefore contains rules that allow you to claim your property from someone else’s illegal possession (Article 301 of the Civil Code of the Russian Federation).
Judicial practice concerning the consideration of certain offenses in the form of retention of someone else's property is systematized in the resolution of the plenum of the Supreme Court “On judicial practice in cases of fraud, misappropriation and embezzlement” dated December 27, 2007 No. 51.

The concept and signs of theft of other people's property

Appropriation is the illegal conversion of someone else's property to one's own benefit, committed for selfish purposes and free of charge. It should also be taken into account that appropriation is established only in cases where its legal owner has objected or objects to such actions. If the owner knowingly transferred his assets free of charge to another person and does not object to the withholding, there will be no penalty for misappropriation.

The illegality of these actions is as follows:

there is no agreement or other document defining the obligations between the parties, according to which the violator legally receives the property, can use it and turn it to his advantage (for example, in the process of rental relations formalized in the form of an agreement, the transfer of property occurs on a legal basis);
termination of legal grounds for ownership of someone else’s property - expiration of the contract, early termination of contractual relations, etc.;
absence of direct permission of the proper owner to retain property by another person (with the exception of cases when retention is expressly permitted by law for security purposes).

Note!

Article 359 of the Civil Code of the Russian Federation indicates that the retention of other people's things or objects will be completely legal if this occurs in the presence of a debt to the person withholding. At the same time, the conditions for actually receiving the thing are important - this must happen legally.

If any item or object was transferred during the period of the loan agreement as collateral to secure obligations, the creditor not only has the right to retain the thing until full settlement, but can also foreclose to fully repay the debt. Such rules must be specified in detail in the contract or follow from the law.

If an item was obtained illegally, then it may be a case of theft, robbery or another type of theft. For such illegal acquisition and subsequent appropriation of someone else's property, articles of the Criminal Code of the Russian Federation are applied (for example, under Article 158 of the Criminal Code of the Russian Federation).

The article for appropriation of someone else's property is also present in the Criminal Code of the Russian Federation; it applies to cases where the guilty person tried to turn the entrusted property to his own benefit, i.e. transferred on a legal basis. Article 160 of the Criminal Code of the Russian Federation contains penalties not only for the appropriation of someone else's property, but also for its embezzlement, i.e. consumption, expenditure or disposal. When the trustee was obliged, on behalf of the owner, to deposit a certain amount into a pre-specified bank account, violation of such an order and misappropriation of entrusted money will also be punishable under Art. 160 of the Criminal Code of the Russian Federation.

Criminal liability for misappropriation occurs in the presence of the following circumstances:

the size of the assigned assets will only matter for the division of responsibility between different parts of Art. 160 of the Criminal Code of the Russian Federation, and according to Part 1, the amount of stolen funds or the value of the property does not matter at all;
the guilty person must commit the crime with direct intent. If, for objective reasons, the return of property was impossible, and the detaining person stored it for subsequent transfer to the proper owner, punishment under the Criminal Code of the Russian Federation will not follow;
in the actions of the criminal, the nature of the gratuitous appropriation must be established. If a redemption price is paid for the transferred property, but it does not correspond to market or other indicators, we will be talking about a civil dispute and not a criminal case.

In addition to the appropriation of someone else's property, Art. 330 of the Criminal Code of the Russian Federation, which contains punishment for arbitrariness. This illegal behavior consists of committing actions, the legality of which is disputed by a citizen or legal entity. A typical case of arbitrariness is a ban or other restrictive measures for the use of property by the proper owner. In this case, the property is not converted to one’s own benefit on a mercenary basis, but the owner is deprived of the opportunity to fully realize his rights.

Aggravated Detention

There are a number of circumstances that aggravate the commission of a crime:

if the crime was committed by a group of persons by prior conspiracy, and the amount of damage is not less than 2,500 rubles;
when using official position, if the amount of damage is not less than 250,000 rubles;
if the crime is committed by a group of persons, and the amount of damage is not less than 1,000,000 rubles.

Remember! In these cases, the following sanctions are provided:

a fine of up to 500,000 rubles. or in the amount of three years' income of the accused;
compulsory work lasting up to 360 hours;
correctional labor for up to 1 year;
forced labor for up to five years;
imprisonment for a term of up to a year or one and a half years;
arrest for up to ten years.

Watch the video. Comments on Articles 160, 158 of the Criminal Code of the Russian Federation:

How to avoid charges of illegal taking of someone else's property?

Judicial practice shows that in order to avoid becoming a participant in a criminal act, it is necessary to take the following precautions in advance:

In the presence of a reliable and disinterested witness, ready to confirm the terms of the agreement in court, discuss with the owner all the nuances of using this or that property;
Draw up a bilateral agreement, which clearly states the responsibilities, rights, terms of use of the property, payment terms and other points;
Sign the drawn up agreement;
Exchange alternative methods of communication for emergencies.

Such transactions are equivalent to household transactions, so they do not need to be certified by a notary . However, if a stranger asks for a service, such reinsurance will save you from problems.

A sample contract can be found on the Internet. If any difficulties arise, it is better to contact a qualified lawyer.

As you can see, Russian legislation in every possible way protects its citizens from committing any illegal actions against them. But you must also be careful and complete the paperwork in accordance with the law.

Procedure for bringing to responsibility

If your property was seized as a result of arbitrariness or misappropriation, you should report this to the Police to protect your rights.

Remember! Please provide the following information in your application:

Full name, position and title of the head of the Police unit to whom the application is sent;
in the introductory part, indicate information about the applicant (full name, address, telephone number for feedback). Please remember that anonymous applications will not be considered;
in the descriptive part, indicate information about the time and place of the criminal acts. The property should be identified, indicating its value, and also describe in a consistent manner the actions of each of the guilty parties;
the operative part must contain the stated requirements to search for the perpetrators of the crime and bring them to criminal responsibility;
Complete the application with a date and signature.

After filing an application, you have the right to count on assistance from the Police. If the information you provide is not within the competence of these authorities, the application is sent to the court.

Within thirty days from the date of acceptance of the claim, the applicant is notified of the date of the court hearing.

To participate in court proceedings, you must pay a state fee and confirm payment with the appropriate receipt. If there is no receipt, the claim will not be accepted. The amount of the state duty depends on the value of the disputed property.

ATTENTION! Look at the completed sample statement to the police about seizure of property:

When property is considered legally retained

It is possible to retain an item if the debtor has violated an obligation, for example, failed to pay for the item within the period established by the contract. There are no restrictions for relationships that arise from entrepreneurship; you can use this measure of security for any obligations.

The conditions for legal retention are as follows:

The thing must belong to the debtor.
The creditor must take legal possession of the item, for example, if a contractor repaired a car and the customer does not pay for the repairs. Another example is that the tenant does not pay rent and has not removed things from the apartment.
The right of lien must be provided for by law or contract.
The creditor must retain the retained item and does not have the right to dispose of it.

If the retention is illegal, then the debtor can claim the thing through the court and recover damages.