Theft is the gratuitous taking of another's property for personal gain. Theft of property, fraud, robbery, embezzlement or embezzlement, robbery can be attributed to the illegal seizure of another's property. Each of these concepts is considered by a separate article of the Criminal Code of the Russian Federation.
In the case when the offender commits theft and at the same time uses violent acts, this is robbery.
Robbery is committed in an open form. At the same time, no violence is applied to the victim. Robbery is considered by article 161 of the Criminal Code of the Russian Federation.
Fraud in some way also refers to theft. At the same time, a citizen illegally appropriates another's property, abusing the trust of the victim. At the moment, it is widely distributed on various Internet resources.
Assignment - a citizen's turning of the property entrusted to him in his direction, and embezzlement is the person’s spending of the entrusted property or transfer to third parties without the owner’s knowledge.
Consider the 158th article: how many years give for theft?
What is theft?
Theft is a theft of another's property, committed in secret. There are different types of thefts, respectively, and the punishments for them vary. The Criminal Code is dedicated to theft of a separate article, which has several points and qualifies the types of thefts. This is article 158. When passing a verdict, the court draws attention to the peculiarities of the commission of the crime, therefore, the punishment is different.
Criminal and victim
The object of theft is any stolen property. They are things, precious metals, documents of a certain value (for example, stocks), money, etc. How many years are given for stealing money and what other penalties exist, article 158 of the Criminal Code of the Russian Federation describes. Resources in which a person did not invest his work also cannot be stolen. The punishment for the appropriation of natural resources is considered in other articles of the Criminal Code of the Russian Federation, these are environmental crimes. In cases where a person secretly takes his own things, there is no corpus delicti, therefore, no punishment will follow.
The subject of theft is a person who has committed a socially dangerous crime and is able to bear punishment for this. Criminal punishment applies only to a person who is able to be aware of the committed acts, that is, sane and reached a certain age. What is sanity and from what age is a citizen responsible for theft?
Sanity is a psychological state of a person, allowing him to realize the nature of his actions and their consequences. Punishment for theft is borne by persons who have reached the age of fourteen.
What thefts exist?
In order to convict a court, it is necessary to know what theft was committed by the offender. Let's look at what theft is:
1. Theft of personal belongings of the victim. Pickpockets are usually engaged in such fishing. In this case, the offender steals from pockets, bags, etc.
2. Taking over someone else’s property using hacking.
3. Group theft.
4. Illegal seizure of property by others with causing material damage.
Theft of things that are with the victim
Theft of personal belongings of the victim includes theft from bags, satchels, briefcases, etc. That is, from items of hand luggage. There were numerous discussions about this term. A phone case hanging on the wearer's neck or belt is also hand luggage. How many years give for stealing the phone, we will consider later. Chains, rings, hairpins, brooches and other jewelry are not hand luggage, and their theft must be qualified differently.
To find out how many years they give for the theft, you need to turn to subsection "g" of Part 2 of Art. 158 of the Criminal Code. Qualifying signs of theft from hand luggage are described here. Responsibility under this article occurs only if the crime is committed against a living person. Theft of a dead person carries the composition of another article of the Criminal Code of the Russian Federation. Also, not all courts qualify the theft under subsection "d" part 2 of article 158 committed by a person under the influence of any drugs or in a state of intoxication. The punishment for this crime is a fine, or forced labor, or imprisonment for up to five years.
Hacking: how many years give for it?
A burglary is the penetration of someone else’s home or other premises for theft. Penetration is considered illegal when a citizen is indoors without the consent of the owner of the home.
A dwelling is considered to be a house, an apartment with premises included in them, as well as buildings suitable for temporary residence. Evidence of this crime is evidence, such as fingerprints. Apartment thefts are prepared in advance. The thief-house-keeper needs time to monitor the owner of the premises, determine the best time to commit a crime, if possible, manufacture of keys to the apartment. How many years are given for the theft of property with penetration into the home, you can learn from Part 3 of Art. 158 of the Criminal Code. This can be a fine in the amount of 500,000 rubles or in the amount of wages for a period of up to three years, or correctional labor for five years with a limitation of freedom for one and a half years, or imprisonment for six years with or without a fine.
A room is a permanent or temporary building, they are intended for the temporary presence of people or any values in them. An example is the premises of a store in which products are stored.
Storage is also a room that is designed to store any things. Storage facilities are tanks, hangars, safes, etc. Storage facilities are located separately from residential buildings.
These crimes are provided for in part 2 of article 158 of the Criminal Code of the Russian Federation. Such a crime is punishable by a fine of up to two hundred thousand rubles, correctional labor for a term of up to five years or imprisonment for five years with a restriction of freedom for one year.
Group theft and group theft by prior conspiracy
Group crime by prior conspiracy is described in Article 35 of the Criminal Code of the Russian Federation. Preliminary conspiracy is an oral agreement between people, some time before the commission of a crime. Two or more people may be involved in such thefts. It is often difficult to prove a preliminary conspiracy; witness testimony is required for this. In the presence of the customer and the performer, the crime is considered in another article of the Criminal Code.
There are situations when there is no preliminary conspiracy. For example, two unidentified people walked along the street, saw an open car in the parking lot, and decided to rob him. There is no preliminary agreement in this case, since the decision was made instantly.
How many years are given for the theft committed by a group of persons without prior conspiracy, you can learn from paragraph "a" of part 4 of Art. 158 of the Criminal Code. This is imprisonment for up to ten years with a fine of up to a million rubles and with a limitation of freedom up to two years.
What is significant damage?
In order to understand how many years in prison give for theft with causing significant damage, it is necessary to understand the meaning of the expression “significant damage”. This is damage whose value exceeds the amount specified by law. At the moment it is 2500 rubles. Such damage is considered by the court individually for each crime. It all depends on the financial situation of the victim and on the consequences for him of the theft. How many years are given for theft with causing significant damage? Punishment is possible - a fine of up to two hundred thousand rubles, forced labor or imprisonment for 2 years. If the stolen property is valued at a lower amount, then such a crime is not considered by the Criminal Code.
Mobile phone theft
Taking possession of someone else’s mobile phone is a very common occurrence in the Russian Federation today. Nowadays, phones are not only for making calls. Every day, smartphone manufacturers are releasing new models with a huge number of features. Accordingly, their cost is quite high. Not everyone can afford such a toy. This is where the motive for stealing a mobile phone comes from. Most often this happens in crowded places. The thief imperceptibly extracts the thing he needs from the bag, pocket or cover of the victim.
If you have such a situation, then you should contact the police with a statement about the theft. But you should know that the phone is stolen, not lost. Of course, for a criminal case to be considered, the cost of the gadget should exceed 2500 rubles. The penalty depends on the price of the phone. The more expensive it is, the stricter the punishment. As with any other theft, the responsibility for taking possession of someone else's phone comes from the age of fourteen. In cases where the offender is younger, the parents will be responsible for his actions. The victim has the right to demand material compensation for damage. In any case, if it comes to law enforcement, the family will be registered, which will entail the holding of commissions by the relevant authorities.
How many years give for petty theft?
Theft is considered petty when the value of the stolen item does not exceed 2500 rubles. Very often petty thefts are committed in hypermarkets by people who do not want to pay for products. The value of the stolen goods is determined according to the average market price. It is important to know that the amount stolen is equal to the purchase price of the goods. Cheating store does not play any role. The determination of the value of the stolen goods is necessary in order to qualify the crime with a civil or criminal code. So how many years give for theft, if the cost of damage is less than 2500 thousand rubles? Punishment for such an act is provided for in Article 7.27 of the Code of Administrative Offenses of the Russian Federation. This crime is administrative. A person who commits this act shall be fined from one thousand rubles up to five times the value of the goods, or arrest for several days, or correctional labor. If petty theft was committed by a minor who is under 16 years old, then the penalty is imposed on the parents.
From the above, we can conclude that each theft is individual. Therefore, it is impossible to say unequivocally how many years are given for theft. After all, each such act has its own motives, goals and reasons. Each theft has its own qualifying features.