Unlawful seizure of a car or other vehicle is an unlawful act. How is this formulated in law? Under the hijacking is understood an unlawful action aimed at taking possession of another's motor vehicles without the purpose of appropriation in parts or in whole. Also an unauthorized trip on this transport. Criminal law prohibits car theft (section 166). How many years is threatened for this act? This is determined by how the crime was committed.
Theft is also a fact if the engine was not started on vehicles. For example, he moved by tow, tow truck, manually, etc. The place of hijacking can be any place in which the owner left his transport: car garage, parking, street, car park, enterprise, etc.
Another vehicle - what is it?
The legislator in the article on the theft of a car or other vehicle does not explain what is meant by another means of transportation. It follows from the commentary on the article that these are trams, tractors, self-propelled vehicles and other mechanical transport models. These include machines designed not only for transportation, but also for other purposes. For example, pavers, combines and others, that is, those that are equipped with an autonomous engine. Everything is simple here. For example, a bicycle is not a motor vehicle because it is not equipped with an engine. Also, models with an engine capacity of less than 50 cubic meters do not apply here. see. For example, it can be motorbikes.
What is not a hijacking?
The concept of theft was formulated in the Criminal Code of the Russian Federation (Article 166) - unlawful possession of a car. Simply put, you can only steal someone else's transport. Consequently, the offender should not have any permission or rights to use the object in question.
It is not a theft case if one of the owner’s family members arbitrarily took the vehicle, as well as other persons who were previously allowed to take the car without the owner’s additional consent.
Also, it is not considered a crime that a person arbitrarily used a vehicle while holding the position of a full-time driver in the organization to which this vehicle belongs. It is not considered hijacking if the vehicle was seized due to emergency. For example, this happened when a criminal was detained.
A driver who has been suspended from driving or who previously worked as a driver and who has taken the car into use makes a theft.
Attempt
If a criminal with the purpose of hijacking got into the cab of a motor vehicle, unsuccessfully tried to start it, and also performed other similar actions, this qualifies as an attempted theft. Such actions are also considered a violation and punishable. The case under consideration qualifies as an assassination attempt, unless a different purpose for penetrating the machine is established.
Age of Responsibility
Criminal law provides for an age of liability from sixteen years for car theft (Article 166). How many years can a citizen get for this type of crime ? It will also depend on the number of persons who committed it, the frequency or priority of the actions in question. Other circumstances affecting the size of the punishment will also be taken into account.
Deadline for car theft
Criminal law provides for a sentence of three months to twelve years of restraint of liberty for car theft. How many years will they give for this deed? It is definitely difficult to answer. It all depends on how the crime was committed. If the vehicle was seized without the purpose of hijacking, then a term of restriction of liberty of up to three years or imprisonment for the same period of time is provided. If a crime is committed repeatedly, by a group of persons or by using violence that is not harmful to life or health, then it is punished more seriously. This period can reach seven years. When committing a crime by a group of persons, it matters whether the accomplices took part and how they participated in the act. However, direct transport management is not necessary for all members of the group.
Under the act, which was committed through the use of violence, which is not life-threatening, or by threatening to use such methods of influence, we mean the beating of the victim, as well as causing other physical pain that did not entail a short-term health disorder.
A committed violent crime is punishable by up to twelve years. If the act is carried out by an organized group, the punishment may be imprisonment (up to 10 years).
How to behave if a car is stolen?
Theft of a car is a profitable and well-established business, since most often this happens in order to obtain benefits. For the guilty, punishment is not an obstacle. Although the theft of the vehicle provides for severe sanctions, which are regulated by Article 166 of the Criminal Code. The correct response to a car theft is an immediate call to the police. Do not delay handling. Timely action will increase the chance of finding a car during search activities. A call that arrives late can significantly reduce the chances. After all, criminals can drive a car to a secluded place during this time.
Cancel car theft article
The State Duma has repeatedly submitted proposals on the abolition of a separate article on theft of a vehicle. The last proposal came from a deputy of the Just Russia party, which proposed the crime under consideration to be equated to article 158 of the Criminal Code of the Russian Federation “Theft”. This is explained by the fact that for the attackers who took possession of the car with the aim of driving without the intention of theft, the penalty for car theft is applied - article 166. How many years can I get for this? It turns out that the punishment can be half as much as the term for committing a major theft. At present, it was decided to leave the article on theft unchanged.
How to protect yourself from theft
A mechanical lock, an alarm, an immobilizer, a satellite system - all these tools help to prevent car theft (Article 166). How many years has the automobile market existed, so much time do car owners take various measures to protect their car from theft.
The mechanical lock has now lost its popularity with the advent of electronics. Although it is a good tool in the fight against theft. Mechanical locking devices are separately locked with a key, like a steering lock. The device in question is installed on the gearbox, pedals, hood, steering wheel, steering wheel.
Alarm, even the most inexpensive, can prevent theft, scare away animals, as well as bullies. Now it is customary to install models in cars that use feedback. Simply put, when an attacker tries to get into a car, the owner will receive a message on the keychain.
An immobilizer is a device that only the owner of a vehicle can turn off or put into operation. It is capable of breaking the important circuits provided in the ignition system. If the criminal takes possession of the original key, he will still not be able to start the car he needs.
The satellite system is an anti-theft mechanism designed to detect already stolen vehicles. Since the attackers learned to cope with the stub and with this mechanism, they began to reinforce the satellite system with additional alarms and immobilizers.