A description of the highly qualified theft with aggravating circumstances is given in Part 3 of Art. 158 of the Criminal Code. The circumstances that increase the degree of danger of this crime to society include the commission of a criminal offense on a large scale, either with illegal entry into the home, or from a gas, oil or oil pipeline. Read further in the article about what sanctions the law establishes for theft, comments from the competent authorities, as well as examples from practice.
What is theft?
In accordance with the law, theft is interpreted as theft of property committed in secret. This definition includes, but is not limited to, an attempt against an ownership of any form. Particularly emphasized is the fact that property must be alien to the kidnapper. Depending on the method of commission and the nature of the crime, its composition may be qualified or especially qualified (parts 2 and 3 of article 158 of the Criminal Code, respectively).
The Supreme Court of the Russian Federation has repeatedly focused on what exactly should be understood as secret theft of property. Theft is the illegal seizure of things. It is committed, as a rule, in the absence of the owner of the property, its owner, as well as strangers. The act can be carried out in the presence of these persons, but always invisibly to them.
General characteristics of the composition
The composition of the theft is material in design. A mandatory feature that characterizes its objective side is consequences that are dangerous for society, namely property damage. A crime is recognized to be completed from the moment when another person’s property was seized by the guilty person and he was given the opportunity to dispose of it at will.
The subjective side of all types of theft, including those qualified under Part 3 of Art. 158, characterized by direct intent. In addition, the criminal is always led by a selfish purpose or motive.
Penetration into the home: interpretation of the legislator
By dwelling is meant an individual residential building with non-residential and residential premises included in it. The fact on which property right he belongs to the victim does not matter. However, the house must be included in the housing stock and be in a suitable state for living (permanent or temporary). Details of the dwelling are described in the note to Art. 139 of the Criminal Code. In accordance with it, any other building or premises can also be considered a dwelling. The main condition: it should be intended for short stays.
Penetration into a home (Article 158, Part 3, Clause “a”) is interpreted by the legislator in the same context as penetration into a storehouse or premises. By these actions is meant an invasion (open or secret), the purpose of which is to commit theft of another's property.
Comments on paragraph “a” of part 3 of article 158 of the Criminal Code
The immediate invasion of the home must always be preceded by a specific goal. For example, a person was legally in the premises and initially had no intention of committing a crime. However, at some point, the thought came to the person about the theft of another's property, and he committed it. Qualify under paragraph "a" of the third part of Art. 158 of his actions in this case is impossible.
Penetration can be carried out with the suppression of the resistance provided by people, the destruction of locks and other locking mechanisms. It can manifest itself not only in a physical invasion, but also in the theft of property with the help of various tools and devices.
Case studies
- The culprit, passing by the victim’s house on a bicycle, noticed a bundle on the windowsill and decided to abduct him. To do this, he stopped, held out his hand and took the necessary thing. Qualify his actions for hours. 3 Article. 158 is impossible, because the theft was committed by seizing the item, but without entering the house or using any special devices. A similar situation occurs when items are stolen from balconies, especially those located on the 1st floor, as well as from storerooms and basements of apartment buildings. The court does not include outbuildings in the concept of “dwelling”: garages, barns, cellars, etc.
- A citizen was charged with theft in the following manner. Having removed the glass from the window of the house, he took out and stole ten bottles of vodka with a special metal hook. The court qualified the actions of the perpetrator under Part 3 of Art. 158 and recognized the fact that he entered the home.
Large size is how much?
One of the most qualified features of the composition according to the analyzed norm is the commission of secret theft in a large amount. An indication of exactly what amount is such is contained in the note to Art. 158 of the Criminal Code. Large size should be considered the value of stolen property in excess of 250 thousand rubles. This amount has changed repeatedly. So, until 2002, it was calculated in the minimum wage.
Qualification Features
When qualifying a criminal offense under paragraph "c" of Part 3 of Art. 158 of the Criminal Code is required to take into account some factors. When determining the amount of damage, the authorized bodies should proceed from the actual value of the property at the time of the theft. If there is no reliable information about this, you need to contact the experts.
Failure to establish the value of the stolen property is the basis for termination of the case due to lack of composition. We give an example from practice. The defendant was convicted under the first article. 158 and part 3 of article 30 of the Criminal Code. The verdict indicated that the court found him guilty of having entered a car. The reason why he could not complete his criminal actions was the arrival of a police squad. The offender was detained. During the preliminary investigation, the police were unable to establish the value of the property that he had attempted, since it was not clear what exactly he intended to steal. This led to the cancellation of the sentence and the termination of the criminal case.
Damage over several episodes of thefts can be summarized. However, this is done only in cases specified by law. The culprit must commit several thefts, captured by a single intent. When the total value of the stolen property exceeds the amount of small theft, the actions of the offender are qualified according to part 3 of article 158 of the Criminal Code. This part of the article is not charged in cases where the thefts are separate from each other and the intent for each of them arose separately.
Secret theft of property, the value of which falls under the definition of "large size", should be distinguished when qualifying from a similar offense under article 164 of the Criminal Code. This norm provides for criminal liability for the theft of objects of special value (historical, cultural, etc.).
Theft from a gas, oil or oil pipeline
Responsibility for this crime provides for paragraph "b" of Part 3 of Art. 158. The secret theft of petroleum products (fuel oil, gasoline, diesel fuel, etc.), oil or gas from any structural unit of the system created to transport these products to the consumer from the place of their extraction or processing is implied. Theft is expressed in illegal accession to the main pipeline or its branches.
In judicial practice, cases of qualification of a criminal act are common in the aggregate of part 3 of article 158 and Art. 215.3 of the Criminal Code. This takes place when, during the theft, the pipeline is damaged, destroyed, or rendered unusable, as well as the associated communication equipment, technological facilities, automation equipment, and alarm systems.
Punishment under Part 3 of Art. 158 of the Criminal Code
In the event that a criminal act is qualified under part three of Art. 158 of the Criminal Code, one of the following sanctions is imposed:
- a fine in the amount of 100 thousand to half a million rubles, or in an amount equivalent to the salary of the convicted person, as well as any other of his income for a period of one to 3 years;
- up to 5 years of forced labor with additional sanction in the form of restriction of liberty up to 1.5 years or without it;
- up to 6 years of imprisonment of a convicted person with an additional penalty of a fine of up to 80 thousand rubles or in an amount equivalent to the salary of the convicted person, as well as any other of his income for a period of up to six months or restriction of freedom for up to 1.5 years or without .
Amnesty under Art. 158 h. 3 of the Criminal Code: will it be or not?
According to the Criminal Code, amnesty recognizes a special act issued by the State Duma in relation to an indefinite number of people. In accordance with it, citizens who have committed criminal acts can be exempted from criminal liability, and punishment (in whole or in part) can be removed from persons convicted of a crime. An act of the State Duma can also change the sanction (for example, reduced the term of imprisonment). It is also possible to lift additional types of sanctions.
It is difficult to say unequivocally whether there will be an amnesty under Part 3 of Art. 158 in 2017. The fact of adoption of the act is still in doubt. As a rule, an amnesty is timed to coincide with any holiday or anniversary. So, in 2015, on the occasion of the celebration of the anniversary of Victory in the Great Patriotic War, about 10% of the total number of prisoners in Russia were prematurely released. However, part 3 of article 158 did not fall under the amnesty.
The authorities are not making promises at the moment, but despite this, the amnesty seems to be a reasonable prospect. Reflections on its feasibility are connected, firstly, with the economic situation in the country. All government departments are experiencing financial decline, and the content of one convict costs the treasury 100 thousand rubles a year. According to data at the beginning of 2017, in Russia the number of prisoners reached 630 thousand people.
Secondly, in recent years the number of employees of the penitentiary service has decreased by thirty thousand people. It is possible that an amnesty will be carried out in order to save budget funds.
Even if the government’s decision is positive, the act will not traditionally affect prisoners who are involved in committing crimes dangerous for society (grave and especially grave): rape, armed attack, etc. Most likely, by analogy with 2015, it does not fall under the amnesty and h. 3 tbsp. 158 of the Criminal Code.