Such a thing as "theft," the Criminal Code of the Russian Federation explains in the note to Art. 158. This term covers a number of crimes against property. Let us consider in more detail what is the theft of another's property.
Terminology
Theft is the unlawful unlawful seizure and circulation of property belonging to other persons in favor of the guilty or other entities. This act is always committed with a mercenary purpose. Theft of the Criminal Code of the Russian Federation includes in the elements of such crimes as fraud, embezzlement or misappropriation, robbery, robbery, theft.
An object
Theft is an encroachment on property. Thus, the object of a crime is relations related to the circulation of property. The Constitution establishes and guarantees the right of municipal, private, state and other forms of ownership. As a result of unlawful actions of the subject, the legal owner loses the opportunity to use his property or dispose of it at his own discretion.
Thing
He is always material. The object cannot be the views, ideas and other objects that are devoid of material expression. An infringement on the results of intellectual work can be regarded as a violation of copyright and related rights, but not as theft. This rule applies to thermal and electronic energy, since it does not have natural physical parameters. The subject of encroachment is any thing of the material world, the creation of which used human labor, which has spiritual or property value. Its expression is value, not monetary value.
The most common is the theft of funds, property, securities. The latter, for example, include promissory notes, government bonds, savings or certificates of deposit, shares, checks, etc. Their theft of the Criminal Code defines as a complete crime. The seizure of registered securities, registered passbooks, etc., is regarded as preparation for a crime. Tickets for travel in railway, air, city, water transport, single tickets, coupons, etc. are considered as objects of encroachment. They are considered cash equivalents and means of payment for receiving a certain paid service. Property that is in circulation or fully / partially withdrawn from it may be the subject of an infringement.
Exceptions
Illegal seizure of documents that are not means of payment, if they confirm the right to receive property, is considered preparation for a crime. Such securities include, for example, invoices that must be paid, invoices, commodity checks, baggage receipts, tokens from the wardrobe, etc. These objects are not objects, but means of theft.
Natural resources
Resources in their natural state cannot act as an object of encroachment. But, according to the explanations of the Plenum of the Armed Forces, the illegal possession of forest products in the respective areas, fish, poultry, wild animals that are raised in special reservoirs, aviaries and nurseries, constitutes a crime. The court explains its position by the fact that human labor was applied to the indicated natural objects. In this regard, they received exchange value.
Rights to seized
The subject who committed the theft owns, disposes and uses the property. Despite this, he does not become the legal owner. The legal owner does not lose his rights to illegally seized items from him. The selection of property that is disputed by a citizen or organization is not considered as theft. This act may fall under other articles of the code. For example, such an exemption may qualify as arbitrariness.
Gratuitousness
It involves the seizure of property free of charge, seizure without appropriate compensation or with inadequate compensation. Gratuitousness can be expressed in illegal devaluation of the product, rejection of industrial goods, replacement of objects entrusted to the perpetrator with less valuable ones. It is such an exemption that causes dangerous consequences in the form of causing property damage to the rightful owner. Responsibility for theft occurs if the property is turned in favor of the offender or third parties. If this does not happen, then, even if there is property damage to the owner, the guilty person’s behavior does not show signs of the crime in question. This, for example, may occur during the destruction of the stolen. A completed crime does not require the subject to use the item. It is enough to get them such an opportunity.
Subjective part
It implies the existence of direct intent aimed at the seizure of property. The subjective side is also formed by selfish goals and motives. Their essence lies in the desire of the attacker to satisfy his material needs through the seizure of other people's property, to which he does not have any legal rights. A mercenary purpose is present in the case of circulation of objects in favor of the offender, and when transferring them to third parties in whose property the offender is interested. The subject of theft can be a sane citizen who has reached the age specified by law. It depends on the form of the crime. So, as a subject of theft committed by robbery, theft and robbery, individuals from the age of 14 can act as embezzlement, embezzlement, fraud, misappropriation from the age of 16.
Damage
Property damage caused to the rightful owner of the property must be associated with the unlawful behavior of the attacker. Compensation or return of illegally seized items does not exempt from liability. However, such actions may serve as a basis for mitigation of punishment.
Conclusion
Thus, when committing a theft, selfish goals are always associated with the illegal seizure of another's property with its subsequent appeal to the directly guilty person or third parties. Partners in such a crime may act for other reasons. For example, due to material dependence, due to kinship or friendships. However, in any case, they must understand the selfish nature of the behavior of the direct executor. The criminal law differentiates liability for theft in accordance with the method of its commission. It is fixed in the relevant standards (159, 161, 162, 160, 158). Theft is also considered unlawful seizure and appeal in favor of the guilty or other persons of objects that are of special value. Moreover, the method of committing a crime will not matter . Responsibility for him comes under Art. 164.