Theft of electricity: features of punishment for theft under Art. 165 of the Criminal Code of the Russian Federation, the amount of the fine, methods of bringing to justice, and also what statement should be drawn up?

Cases of unauthorized consumption of electricity by private owners and officials are becoming increasingly common. This is due to the large flow of information in the media, as well as the open sale of various technical means that make it possible to stop meters and illegally use the provided resources.

Previously, meters were installed door-to-door, which made it possible to discreetly use common resources illegally. Now metering devices are installed in entrances. An unauthorized connection to the network is displayed on a common household device, and neighbors can easily initiate an investigation into the theft of electricity, not wanting to pay for other people’s expenses from their budget.

Cases of spontaneous connection to the power grid require careful inspection and legal action on the part of the affected person. In this situation, you can contact competent lawyers who will help you draw up a claim, statement and conduct a background check.

What it is?

Electricity theft is the consumption of energy resources illegally without concluding a contract. The service in the form of electricity is provided for a fee at tariffs approved by the authorities. Unauthorized use of it free of charge causes damage to the supplier and the state.

In the Decree of the Government of Russia No. 442 (05/04/2013) (as amended on 08/13/2018) there is an explanation about unauthorized connection.

Liability depends on the damage caused. It is divided into:

civil law;
administrative and legal;
criminal.

Punishments are provided for in the following documents:

Code of Administrative Offences;
Civil Code;
Criminal Code.

For your information. Late payment for electricity is not theft.

Types and methods of theft

To control energy consumption, special meters are installed in citizens' residential buildings. They are connected to the main riser , from which, in turn, wires go from all apartments. Some people have invented the following types of electricity theft in this case:

installation of a special device to bypass the meter itself;
rewinding already consumed kilowatts;
use of a magnet (this slows down the operation of the meter);
disconnecting the neutral wire and connecting to a contactless wire;
installation of certain devices that absorb electrical impulses;
their purchase for the purpose of purposefully stealing energy (this gave rise to other methods of fraud: sales of devices that do not operate according to the stated method).

Criminals are inventing more and more new types of electricity theft.

Such illegal actions can not only harm other consumers (after all, they often lead to a decrease in the power of networks), but also the offenders themselves (in the absence of the necessary knowledge, an electric shock is possible).

Stealing electricity from land plots that are part of collective farms is much easier and does not require specific skills. After all, owners have practically free access to distribution devices and to the input line, which is laid up to the meter, which provides great opportunities for deception.

Control methods have little effect here, and thieves have to pay for the electricity consumption of their neighbors, since the entire amount of its consumption is usually divided among all owners. In this case, damage is calculated based on the difference between the total amount and that which is directly necessary to pay individual owners.

Grounds for bringing to administrative responsibility

Persons are brought to administrative responsibility for unauthorized connection to electrical networks and illegal use of energy resources. At the same time, the actions of persons do not contain criminal offenses.

Fine amount

Administrative liability is provided for in Art. 7.19 of the Code of Administrative Offenses of the Russian Federation and is imposed in the form of a fine:

up to 15,000 rub. for individuals;
up to 80,000 rub. for officials and release from leadership positions for up to 2 years;
up to 200,000 rub. for legal entities.

What to do if your electricity is stolen in your apartment or private house?

Is your electricity being stolen? Accusation of this act can only be done through substantiated evidence, which is not always within the power of an ordinary person. First of all, you need to check the fact of theft in one of the possible ways:

check seals and damage to the metering device;
assess the situation visually - check for unnecessary wiring, signs of burglary, etc.;
turn off the electricity supply at the panel and check the operation of electrical appliances or the voltage in the sockets - if there is one, the fact of theft is obvious;
turn off all appliances in the house and evaluate the operation of the device - if the numbers are running and the light is blinking, then you are being blatantly robbed.

If the neighbors are not guilty, they will agree to have the meters in their apartments checked. If you refuse and are intractable, you should follow the recommendations indicated above, and also prepare to prove your own innocence, with the support of an experienced lawyer. The liability for theft of electricity may be disproportionate to your income, so it is better to be prepared for any troubles. Sign up for a consultation with our qualified lawyers by phone or online.

Latest questions on the topic: “Electricity theft”

What is the penalty for theft?

Good afternoon
My friend decided to steal goods at work. But she was caught by a security guard. Product amount is 1200₽. Now the employer has suspended her from work, will not give her her work book, and has contacted law enforcement agencies to initiate a criminal case. The friend was the financially responsible person. Tell me whether she faces criminal punishment (under Article 158 or 160 of the Criminal Code of the Russian Federation) if the property of the enterprise was never appropriated and the damage was insignificant. Are the employer's actions legal? Maria, Kazan is now online

Hello! The employer's actions are lawful. If the amount stolen is less than 1,000 rubles (you indicated the amount is 1,200, but perhaps it can be challenged through an examination), she faces administrative liability for petty theft. If, nevertheless, the amount is above 1000, then criminal liability is imposed under Article 158 or 160 of the Criminal Code of the Russian Federation, depending on the composition of the act. After the court decision comes into force at the airport or police station, your friend faces dismissal under clause 6g of Art. 81 of the Labor Code of the Russian Federation An employment contract can be terminated by the employer in the following cases: 6) a single gross violation of labor duties by the employee: d) theft (including small) of someone else’s property at the place of work, embezzlement, intentional destruction or damage, established by the law that has entered into legal force by a court verdict or resolution of a judge, body, official authorized to consider cases of administrative offenses;

In which court should I appeal the amount of the fine for unaccounted for electricity consumption?

Hello!
How and in what court can I appeal the amount of the fine imposed on me by the ESC for unaccounted consumption of electricity? Are there any examples of such appeals to the court? What documents will need to be collected? Are there any time limits after which it will not be possible to appeal? Alexey, Tomsk is now online

Hello, appeal to the court at the place where it was committed, within 10 days. Code of Administrative Offenses of the Russian Federation, Article 30.1. The right to appeal a decision in a case of an administrative offense 1. A decision in a case of an administrative offense may be appealed by the persons specified in Articles 25.1 - 25.5.1 of this Code: (as amended by Federal Law dated 02.11.2013 N 294-FZ) (1 ) rendered by a judge - to a higher court; 2) issued by a collegial body - to the district court at the location of the collegial body; (3) issued by an official - to a higher body, a higher official or to the district court at the place of consideration of the case;

What to do if electricity is stolen due to failure of the management company to fulfill its duties?

Help me what to do?
In mid-December we bought a neighboring apartment. We started with repairs, including replacing the electric meter. Before replacing it, the electricians suddenly saw that all the wiring in the panel was faulty and decided to replace it, although only in our panel, although the entire house has been asking the management company for this for more than 15 years. The work with the wiring in the panel has been completed. But for some reason they didn’t weld hinges onto the shield so that it could be closed and restrict access to it. Judging by the working tools, the new apartment was actively undergoing renovations. Several times I saw workers who were renovating the apartment doing something in the electrical panel. But that’s what everyone always does. But when my meter showed 502 kW instead of monthly 150-180 kW, I realized that more than half of the kW was not mine. Now I consume electricity as usual. But where did the extra 300 kW per month come from? What should I do now? I will pay for what I didn't take. It's a fact!!! Should the management company be responsible for ensuring that there is no access to my wiring? I've been asking for this for 10 years. How to force the people responsible for this to answer? I would consume this amount for more than 2 months. What should I do? Help!!! I can’t even imagine how to solve such issues!!!! Svetlana, Tatarstan is now online

Hello! First of all, you need to leave a request at the management reception desk to come and check the likelihood of an unauthorized connection to your meter. If this is revealed, ask them to draw up a Report. Next, you can go to court with a claim to recover damages from the culprit.

What are the penalties for unmetered electricity consumption?

Good afternoon.
I am the chairman of the garage and construction cooperative Boris Vasilievich. During the next check of electricity consumption in the cooperative, I discovered that one of the boxes was consuming electricity without the meter being connected. What measures can be taken against the owner of the box? Thank you. Boris, Krasnoyarsk now online
Such an act is qualified under Article 7.19 of the Code of Administrative Offenses of the Russian Federation - Article 7.19 of the Code of Administrative Offenses of the Russian Federation. Unauthorized connection and use of electrical, thermal energy, oil or gas Unauthorized connection to electrical networks, heating networks, oil pipelines, oil product pipelines and gas pipelines, and equally unauthorized (unaccounted for) use of electrical, thermal energy, oil, gas or oil products, if these actions do not constitute a criminal offense punishable act - entails the imposition of an administrative fine on citizens in the amount of ten thousand to fifteen thousand rubles; for officials - from thirty thousand to eighty thousand rubles or disqualification for a period of one to two years; for legal entities - from one hundred thousand to two hundred thousand

Grounds for criminal prosecution

What is the fine?

Criminal punishment will follow on the basis of Article 165 of the Criminal Code of the Russian Federation if damage exceeds 250,000 rubles. Below is only administrative.

Ways to commit an offense

Punishment will follow if the following actions are committed:

changing the electrical circuit, connecting to a source of electrical energy, bypassing the meter;
using a grounded building structure instead of a neutral wire;
mechanical interference with the operation of the measuring device.

Signs of Illegal Electricity Use

Criminals cannot escape punishment for theft if there are facts pointing to it:

discrepancy between the readings of the common house meter and the total readings of apartment metering devices;
non-working meter when household electrical appliances are working;
changing the electrical circuit of devices;
violation of the seal on the metering device;
extra wires to apartments;
homemade twists and branches of wires.

How is electricity theft detected?

Both the apartment owners themselves (if their neighbors steal) and the electricity network workers can detect the theft of electricity. In the latter case, direct and indirect methods are taken into account:

instant control with technical devices, comparison of actual consumption and controller readings;
the general balance of the common house meter and the readings of individual devices, which are compared and analyzed;
detection of a stopping device in place or changing the installed seal in the form of mechanical protection or anti-magnetic sticker, which does not require additional evidence, except for the intentional installation of these mechanisms for hooligan or other reasons;
identification of equivalent monthly readings, which indicates possible unauthorized use of electricity and the payment limit set for the consumer;
when collecting readings remotely, it is established that the load does not correspond to quantitative characteristics (for example, the entire area is illuminated around the clock, and payment is received for 200 kW per month, which is confirmed by meter readings);
checking with current collectors, which show a large load when the user’s electricity meter is inactive (for example, the meter does not show the operation of electrical appliances that are fully functioning in the apartment);
violation of the device connection diagram bypassing the meter (in the private sector this happens on the roof through a “gander” or by grounding through a homemade structure);
external signs - the inclusion of ground in the socket (one hole is larger), the presence of large equipment and transformers in the house, detection of captive rods with hooks for wires, etc.

Note!
You can independently detect the theft of electricity by detecting extra wires to a neighboring apartment, a broken seal on an appliance, or excessive power consumption.

In any situation, it is important to take into account safety precautions and invite an experienced electrician to check, since any incorrect action can lead to death, fire and other tragedies.

Punishment under criminal law in accordance with Art. 165 of the Criminal Code of the Russian Federation

According to Part 1 of Art. 165 of the Criminal Code of the Russian Federation (liability without qualifying criteria), the offender is punished:

a fine in the amount of up to three hundred thousand rubles or in the amount of wages or other income of the convicted person for a period of up to two years;
or forced labor for a period of up to two years with or without restriction of freedom for a period of up to one year;
or by imprisonment for a term of up to two years with or without a fine in the amount of up to eighty thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to six months and with or without restriction of freedom for a term of up to one year.

The act provided for in Part 1 of Art. 165 of the Criminal Code of the Russian Federation, but committed by a group of persons by prior conspiracy or by an organized group; causing particularly large damage is punishable by:

forced labor for up to five years with or without restriction of freedom for up to two years;
or by imprisonment for a term of up to five years with or without a fine in the amount of up to eighty thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to six months and with or without restriction of freedom for a term of up to two years.

How can an illegal connection be detected?

When you enter into an agreement with a supplier for the supply of electricity, the document specifies the procedure for checking the condition of metering devices. Typically, the energy company does two scheduled inspections per year. But people who violate the contract and unauthorizedly connect to the power grid or use energy without accounting are aware of these checks and manage to prepare for them in advance. Therefore, energy sales employees legally carry out unscheduled inspections, which reveal violations of the contract.

If an unauthorized connection to electrical networks or the use of a faulty meter is detected, a report is drawn up. There is no single sample of this document; it is drawn up in any form. Another option is to draw up a report on the offense with a police officer.

These documents are sent to the court, which makes a decision on the type of punishment.

What to do and where to go?

Any citizen or company representative has the right to file an appeal with law enforcement agencies.

Important. First, you need to contact the electricity supply company and, together with them, prove the fact of theft.

When employees of electric networks or an energy sales company confirm the fact of theft, a report is drawn up in triplicate. Based on the act, material losses are calculated.

Indicate:

characteristics of the metering device;
consumer information;
place of illegal electricity consumption;
method of theft;
description of the meter at the time of theft;
date of previous inspection and instrument reading;
explanation of the offender regarding the crime;
confirmation of the theft case or refusal.

Next steps are taken:

write an application to the management company providing documents confirming the theft;
write an application to the energy sales company demanding verification of meter readings for a certain period;
invite a specialist to check an illegal connection to the network;
go to court with a claim and attach all documents.

How is the offense characterized?

Rising prices on tariffs also give rise to the number of cases of electricity theft, so this issue is especially acute. Methods for identifying them include systematic monitoring of meters and detection of errors in their operation.

To understand, and most importantly to detect the fact of energy theft, it is necessary to take into account that both indirect and direct evidence will be needed. The first includes, for example, an imbalance in the meter readings of a specific citizen and the general one, the second includes control, compared with objective facts.

Theft of electricity is a serious offense from the point of view of the law.

There are several types of theft of electricity under the article of the Criminal Code of the Russian Federation:

in apartment buildings;
in collective farms;
energy theft by neighbors.

In each case it will be considered a separate offense, which will be classified according to the circumstances surrounding it.

Where to apply?

If theft is discovered in an apartment or private house, then file a complaint with the following organizations in the specified order:

housing management company;
law enforcement agencies;
prosecutor's office;
court.

For your information. Usually the issue is resolved positively after contacting the housing management company.

What to include in the application?

The application shall indicate reliable facts confirming the guilt of the violator with the provision of evidence. You can also indicate the measures you expect to see as punishment. If the application does not contain enough evidence of a crime, then the initiation of a criminal case will be refused.

Interpretation of the concept of “unauthorized connection”

Unauthorized connection means the unauthorized use of electricity by connecting to the line, without prior approval from the resource supplier. It does not matter whether an individual metering device is used in this situation or not.

Services for the supply of electricity to the population and other categories of consumers are provided by specialized companies in the following order:

the potential consumer contacts the supplier in writing about the provision of the service;
the parties sign an agreement defining the terms of supply of resources;
the company checks the technical condition of the line and compliance of the parameters specified in the agreement;
the client connects to the network - the wires are connected to circuit breakers, allowing the consumer, if necessary, to independently turn off the energy supply, the meter is installed and sealed.

The connection is formalized by a corresponding act signed by the consumer and resource provider.

What methods do violators use?

In order to connect to a power line without authorization, you must have basic knowledge of electromechanics, which is why it occurs often. Next, we will present several methods that violators use, so that you can imagine why your meters may increase and how they can steal electricity from you.

Route the cable to your own premises from a public channel (for example, from the entrance);
Connection to neighbors if the device is located in a publicly accessible place, or through paralleled sockets;
Braking the disk in the counter mechanically or using a magnet;
Installation of a separate line that does not pass through the meter;
Unsealing the device for unwinding indicators.

Power outages for non-payment: law and order in 2021

Electrical appliances are present in every home; they are an integral part of a person’s comfortable life. Therefore, the lack of electricity becomes a catastrophic phenomenon for us. You must pay to use these benefits, otherwise there is a risk of being disconnected. Let's find out how much debt you need to accumulate for electricity in order for it to be turned off!

In general, it is impossible to disconnect a consumer from electricity for non-payment of other utility bills. The debt is calculated for each specific service and the measure of restriction or disconnection is applicable only for it. This means that if there is a water debt, only the water can be turned off.

Also, the package of documents must include the passport of the person who is the owner of the real estate.
Certificate of ownership of real estate.
A certificate indicating that there is no debt for the given period.
A pre-compiled application for connection to the electrical network.

We are talking about Russian Government Decree No. 442 “On the functioning of retail electricity markets, complete and (or) partial restrictions on the consumption of electrical energy.” According to the amendments, the amount for reconnecting legal entities is limited to ten thousand rubles, and for individuals - one thousand.

You may be interested in:: Illegal Reprimand Consequences for the Employer

Hello, dear Natalia! If you really were not warned about the planned shutdown, then the housing department employees acted illegally. They had to give a warning by handing in a notice against signature, or by sending a registered letter with acknowledgment of delivery. Contact the management of the housing department in writing or by telephone, describe the situation, ask them to look into it and take measures to resolve it.

This act also contains rules by which companies can limit the use of electricity in full or in part. An agreement to provide this type of service is concluded without specifying a time, unless the parties have provided for other nuances. If limited by period, disconnection will be legal in the case where the relationship has not been renewed. The contract may be terminated if:

How to connect the light yourself

In any case, if you are interested, we will look further in the article, and we will analyze not only the legal aspect of this issue, but also consider some technical nuances that allow you to temporarily connect electricity without flagrantly violating the rules of power supply. In addition, we will figure out whether the company has the right to turn off the light without warning, how much it costs to restore power supply, and in what cases a person has the right to challenge non-payment for light in court.

As is known, payments for electricity are carried out on the basis of one-time tax and are charged to subscribers according to the approved tariff, in accordance with meter readings. It is impossible to allow non-payment of the bill, since in any case the apartment may simply be turned off if you do not respond to the warnings. There is no point in arguing with the calculation of ODN, since these norms are officially approved and protected by law. However, in addition to the kilowatts used, the bill for housing and communal services without warning may also include such things as reconnection and a penalty, which the organization has the right to charge to any debtor. However, having the right to disconnect a subscriber for non-payment, the organization must warn him by letter within the prescribed period so that the person has enough time to eliminate the debt. Usually a few days are given for this, during which a person must solve his financial problems in one way or another.

03 Aug 2021 urisgkmo 101

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How to avoid punishment or prove innocence?

If the fact of an illegal connection has been established, then it is not possible to escape responsibility. In such cases, you should try to reduce the fine and convince the judge to decriminalize liability, that is, reclassify the violation from criminal to administrative or civil. This can be done through voluntary compensation for damage caused to the service provider.

If you connect to the power grid without authorization, you will be able to partially prove your innocence only if the disconnection was carried out in violation of the established rules (the regulations for this procedure are given in Resolution of the Government of the Russian Federation No. 442). To do this, you need to file a complaint with the company providing energy supply services, simultaneously duplicating the appeal with letters to the Federal Antimonopoly Service and the Prosecutor's Office. This will allow us to record the fact that the consumer’s actions were provoked by a violation on the part of the service provider.

It should be noted that even in case of violation of the shutdown regulations, the consumer does not avoid liability under Article 7.19 of the Administrative Code (the text of the article was given above). As a rule, the court does not consider violation of the full restriction procedure as a mitigating circumstance; accordingly, the imposition of penalties is almost impossible to avoid.