Theft may be open or secret. In the first case it is a question of robbery. In the second - about theft. In Art. 158 part 1 describes in detail the penalties for committing a secret theft. What does the word "theft" mean in judicial terminology? What form of liability is provided for a person who committed such a crime?
Unstable state of the economy in the countryleads, as you know, to an increase in crime. In this situation, the most common are acts against property. In the Civil Code, three forms of this economic category are identified:
Each of them is protected by law. But theft of property is a kind of criminal activity, which is the most common in the territory of Russia. Theft, as already said, has a secret form. The penalty for such an act is provided in art. 158 Part 1. However, in this part of the criminal article it is a crime, in the judicial examination of which it was not proved a preliminary collusion, causing significant or major damage or other circumstances capable of adding to the guilty several years imprisonment.
Other types of theft for which the offender bearsmore severe punishment, are described further. But before proceeding to the objective and subjective aspects of this criminal article, we should say a few words about the prerequisites that lead to the growth of such acts.
The fact that theft (Part 1 of Art. 158) is a very common crime, indicating a decline in the overall standard of living, unemployment and inadequate protection of the population. As a result of certain economic processes, there are more and more people in the society who are capable not only of such illegal acts, but also organize their "activities" in an extremely coherent way.
The situation is further aggravated by such a socialphenomenon, such as the emergence of refugees and visitors, data on which are not contained in the bases of law enforcement agencies. If it is a crime under art. 158 part 1, the strictest punishment for him is two years. But participants in the activities of criminal groups specializing in theft, of course, are in for a more severe measure. The maximum period for the act, which is mentioned in the second part of the above-mentioned criminal article, is five years.
Insufficiently high work of the investigative apparatus can be caused by the following factors:
Theft is often called propertycrime. In Art. 158 part 1 says that theft is exactly the secret kind of this deed. The methods used in the implementation of criminal acts include:
In contrast to the robbery, this type of theftis carried out secretly, and therefore does not carry a potential threat to the physical condition of the victim. Theft (Article 158, part 1 of the Criminal Code) is made more often in the absence of the owner of the property. If the victim is present at the commission of this crime, he either does not notice it, or is in a state of unconsciousness. In the first case we are talking about pocket theft, which is usually done in public transport and other crowded places. In the second - about a crime, which is a secret seizure of property from a person who is unable to assess what is happening. Such a state can be caused by:
Features of theft - wrongfulness,gratuitousness. What do these concepts mean? When a criminal commits a theft, he takes possession of property, but in the legal sense, his owner does not become. Such remains the victim. At the same time, the perpetrator of this crime acts, undoubtedly, not intending to return the stolen goods in the future.
The presence of such signs in establishingAct, which is provided in Art. 158 part 1 of the Criminal Code plays an important role, since in the judicial practice there have been cases when a person committed actions reminiscent of embezzlement only by external characteristics.
Theft is a property crime. The object of the act, which is provided for in Part 1 of Art. 158 CC, is an object possessing material values. The attribution of intellectual property is also prosecuted by law. But for such crimes, the perpetrators are punished according to other criminal articles. Theft is always material. What can not be said, for example, about the object of the crime under art. 146 of the Criminal Code.
The subject of embezzlement also can not be electrical, thermal energy and natural resources that are in a pristine state.
The crime to which art. 158 parts 1 RF, characterize the following features:
If it is a planned criminalactions that are committed by a group of people, then preparation for theft involves a whole range of activities. This includes the selection of participants, and the development of channels for the sale of stolen property.
Researchers believe that the vast majoritycrimes, referred to in 1 st. 158 30 pp. 1-4, are committed only after careful preliminary collection of information. In the court practice there were also cases when several participants of the group observed the object for a long time, carrying out this activity using various technical means (binoculars, a telescope). At the same time, the criminals recorded and collected the information systematically and scrupulously.
About such a crime as ordinary theft,said in Art. 158 h. 1. Punishment for him may be limited to a fine. The minimum size, in case the guilt is proven, is eighty thousand rubles. But here we are talking about a crime that was not prepared in advance, and was committed by only one person. If the theft is carefully planned by a group of participants, then each of them will be punished, of course, more severely. The minimum fine is two hundred thousand rubles. In respect of a group of persons who committed a theft in a particularly curious amount, such a measure as imprisonment up to ten years is envisaged.
It should be said that modern thieves are equipped withcompliance with the latest developments in technology. They have vision devices in the dark, disk cutting devices and other latest tools. They should not be spread on a mild sentence. Part 1 of Art. 158 states that an accused person who is familiar with such a serious system of preparation for the commission of a crime is punished according to the strictness of the law (within the framework of the said article, of course).
As a rule, after the commission of a crimeexperienced thieves do not begin to draw up a further plan. Everything, as a rule, is thought out in advance. Most of the criminal cases are disclosed precisely through the channels of stolen goods. Before preparing for the theft, criminals prepare the necessary documents in advance, with the help of which they intend to realize stolen property in the future. But it is this preliminary thorough preparation that leads them to the dock and increases the length of time they are behind bars.
In the second part of the criminal article,that if the offender committed an unlawful act by entering the home of the victim, he faces up to six years of imprisonment. In fact, it is on this basis that all such crimes fall into two categories: burglary or without burglary. But almost half of these acts are carried out without overcoming any obstacles. In judicial practice, there was a case when a professional thief committed more than thirty secret embezzlements, penetrating into enterprises, organizations and other institutions through the window and leaving the premises through the door.
In most cases, the concealment of suchcrime is part of the way to commit theft. More than half of the criminals who are currently in prison have claimed that their actions aimed at destroying the theft were considered early in the development of the plan.
In cases where concealment is a separateindependent action, after committing a crime, a thief often seeks to leave a settlement, city or even a country. He also tries to destroy guns and traces of crime, sell stolen property in the shortest possible time. This approach is "unprofessional" in the criminal world, and therefore the disclosure of crimes of this kind is not particularly difficult for law enforcement officers.
About how many years to stay in places of detentioncan the person who committed the theft, said above. The article on secret theft includes four parts, each of which describes the circumstances and ways of committing a crime. The most severe punishment threatens those who are accused of participation in group theft of a particularly large size (and whose guilt, naturally, is proved). This term should be explained. In the Criminal Code there are concepts of "large size", "especially large size." In the first case, it is a matter of material damage, estimated at an amount of two hundred and fifty thousand rubles. A particularly large size is one million rubles.
Can I count on a full or partialrelease convicted under art. 158 part 1? Amnesty primarily concerns women and people of advanced age. Prosecutors for a certain number of criminal articles may also count on early release or reduction of the term of imprisonment. Among them - convicts under art. 158 ч. 1. But those who are guilty of the crimes specified in other parts of this article, can not apply for an amnesty. The same applies to prisoners serving time for committing crimes against the individual.
The spectrum of objects that are objectssuch a crime as theft is extremely wide. Secret thefts occur so often that owners do not always react properly to them. The application to the police on the fact of committing a crime is made only by those citizens whose material damage can be called significant. By the way, the judge determines the "significance" of the damage. This indicator depends on the welfare of the victim. But in any case, significant damage can be estimated in an amount not less than two and a half thousand rubles.
Today, a huge number of thefts occur inshopping centers and large stores. Typical examples of this crime include small theft in supermarkets, which occur quite often. In such cases, the offender may be punished in the form of administrative arrest. For example, if a thief who, while in a supermarket, stole goods for a small amount (two hundred to three hundred rubles), the court qualifies such an act as an administrative violation. The absence of a criminal past and a small amount of damage are circumstances that usually act as mitigating factors.