Theft is perhaps the most ancient way of enriching those who want to achieve an increase in personal wealth in a quick way at the expense of someone else. Illegal misappropriation is called "theft". An article that threatens a person who has stepped on the path of theft is 158 of the Criminal Code of the Russian Federation.
And this article says that a thief faces a fine of 200 to 700 minimum salaries or transfers of wages or other income for 2-7 months. In some cases, the convict is punished with compulsory labor for a period of 180 to 240 hours or correctional labor from a year to two years.
The court may also decide to arrest the offender for a period of four months to six months or even imprison him for a term of up to three years. But these punishments can apply only to the criminal who committed the illegal act alone and for the first time, as well as without penetration into someone else’s home.
The use of threats or violence during the seizure of other people's material assets with the aim of illegal possession of them leads to the fact that another article comes into effect. Theft is a secret appropriation of someone else's, and in the described cases there is a crime, which is regarded as robbery.
But can a crime be called theft if the criminal takes possession of other people's property, as if with the consent of the victim himself? For example, a fraudster misleads a victim with false assurances or other fraud.
The law states that in such cases, although the appropriation of someone else’s goods takes place, this is not done secretly, but by deception, fraud. Therefore, the article for theft is no longer applicable to this crime. This case must be considered as fraud.
You should also take into account the fact that group and repeated theft is condemned by the court much more seriously than in the case described above. Extremely aggravates the punishment of criminals illegal entry into the premises (whether a dwelling, warehouse, cellar) with violation of locks, doors or windows, roofs or walls.
This crime is also a theft, an article on this type of violation of the law is also located in the Criminal Code of the Russian Federation under number 158. But this subparagraph of the article already prescribes an administrative fine of 700 “minimum wages” up to 1000 or payment of monthly earnings by convicts from seven months to a year .
If there is a theft, Article 158 allows the court to punish thieves up to imprisonment for a period of two to six years with a fine of 50 minimum wages. Although sometimes the penalty for sentencing is missed.
Often the court finds it necessary to put the offender in prison for a period of five to 10 years with or without confiscation of his property. Usually such a serious term for a crime falling into the category of “Theft. Article 158 of the Criminal Code of the Russian Federation ”, is assigned to persons who have committed group theft at a certain gang organization, in a large amount. Or in the event that the thief was previously tried for theft, extortion, robbery or fraud.
Is it possible to classify a crime of taking possession of another's property if the thing was found by the person? Is it possible to call theft the case when values are seized from a minor or an incompetent citizen? And how to evaluate this action if the victim (minor or legally incompetent) at his own discretion transfers the property to extraneous hands?
Most likely, finding things that do not have signs indicating their belonging to someone cannot be called theft. But finding a wallet with money, in which there is a note with an address or some document, or a phone with the numbers recorded in it, as well as the appropriation of these items is already qualified as a crime. Unfortunately, proving the fact of misappropriation can be quite difficult.
Obtaining values from a knowingly incompetent or minor citizen can be considered as fraud.