Article 160 of the Criminal Code: comments. Art. 160 h. 3 of the Criminal Code

There is an article in the Criminal Code punishing perpetrators of embezzlement or embezzlement. Under this act should be understood the theft of property entrusted to the subject. Norm 160 of the Criminal Code of the Russian Federation formulates both the general corpus delicti and three qualifying ones. Let's consider them in more detail.

General composition

For embezzlement or misappropriation of another's property, which was entrusted to the guilty person, shall be appointed:

1. A fine of up to 120 thousand rubles. or equal to income / salary for the period up to a year.
2. Up to 240 hours of compulsory work.
3. Up to 2 years of freedom restrictions.
4. Up to six months of correctional labor.
5. Up to 2 liters imprisonment.
6. Up to two years of corrective labor.

Aggravating circumstances

Article 160 of the Criminal Code of the Russian Federation in the second part establishes the following qualifying signs of a crime :

1. The action of persons in advance conspiracy.
2. Causing significant harm to the victim.
   

Sanctions are established for such acts in norm 160 of the Criminal Code of the Russian Federation:

1. Up to 5 years of forced labor.
2. Fine up to 300,000 rubles. or in the amount of a two-year salary / other income of the convicted person.
3. Up to 360 hours of compulsory work.
4. Up to 5 years in prison.
5. Up to a year of corrective labor.

The deprivation of liberty may additionally be accompanied by its restriction to 1 g. The same provision applies to the appointment of forced labor.

Art. 160, part 3 of the Criminal Code

This part provides for punishment for persons who have committed embezzlement or appropriation of property, using their official position, or in a large amount. Sanctions under Art. 160, part 3 of the Criminal Code of the following:

1. Fine 100-500 000 rub. or in the amount of income / salary for 1-3 years.
2. A ban on staying in positions established by the court or engaging in certain activities for up to five years.
3. Up to 5 years of forced labor. In addition to this punishment, the perpetrator may be limited in liberty for a term of up to 1.5 liters.
4. Up to 6 years in prison. In addition, a fine of up to 10 thousand rubles may be imposed. or income / salary of the subject for 1 month, as well as restriction of freedom up to 1.5 years.

Part four

Crimes, which are provided for in paragraphs 1-3 of the article in question, committed by members of an organized group or on a particularly large scale, provide for up to 10 years in prison. In addition, a fine of up to 1 million rubles may be imposed. or in the amount of income / salary for three years, as well as the restriction of freedom up to 2 years. Recent sanctions are at the discretion of the court.

Norm 160 of the Criminal Code: comments

The appropriation or embezzlement provided for in the general composition shall be equated to theft and have all its signs. They act as ways of misappropriation of property of others. For embezzlement or appropriation, the fact of finding material values ​​in the lawful use of the perpetrator is inherent in view of his official or official status. Possession can also be based on a contract (for example, on liability), another special assignment. All this determines the exercise by the guilty entity of the authority to manage, deliver, store, use, and order the property of others. Ownership in this case must be distinguished from having access to material assets as part of the work performed or due to other circumstances. Theft of property in these situations will qualify as theft. It should also distinguish cases in which the subject, turning material values ​​in favor of other persons, acts to exercise the intended or actual right. For example, a person appropriates property in order to secure obligations not fulfilled by the owner. If there are grounds established by Art. 330 of the Code, the behavior of the perpetrator can be qualified as arbitrariness.

Assignment

Norm 160 of the Criminal Code of the Russian Federation includes two theft methods. Under assignment it is necessary to understand the illegal circulation of property entrusted to the subject in his favor. It is committed by him against the will of the owner and for selfish ends. The appropriation according to the norm 160 of the Criminal Code of the Russian Federation is considered a completed crime when the possession of material values ​​has become unlawful. In this case, the person entrusted with the property, began to carry out actions that are aimed at turning things in their own favor. For example, through forgery, the subject hides the presence of the indicated material values. Assignment from the moment of failure to fulfill the obligation to deposit money entrusted to the subject on the owner’s account will also be considered completed.

Embezzlement

This is the second method of theft provided for in Art. 160 of the Criminal Code. Under the waste should be understood the illegal expenditure of funds by the person to whom they were entrusted. It also includes any other forms of unlawful direct consumption by the subject of property transferred to him for his own purposes. As a result, money is literally wasted, and material values ​​are spent. These actions may also occur with the transfer of property to third parties. A waste is recognized as a completed crime from the moment of unlawful alienation or consumption. If the subject has spent part of the property (for example, money), and appropriated the rest (fuel and lubricants, for example), then the acts do not form the aggregate.

An object

Acts included in Art. 160 of the Criminal Code of the Russian Federation, are aimed at social relations that take shape as part of the redistribution and distribution of material goods. The objective side of embezzlement or appropriation is to seize the property of other persons through its direct use. If at the same time things are replaced by less valuable ones, then the damage will be determined in accordance with the value of the actually seized.

Subjective part

For crimes that are provided for in Article 160 of the Criminal Code of the Russian Federation, a capable citizen from 16 years of age may be prosecuted. The subjective side is usually concretized intent. By appropriating or wasting other people's property, a person understands the gratuitous, unlawful nature of his behavior. The direction of intent in each theft case is indicated by the lack of a real possibility for the subject to carry out timely return of property to the owner, as well as attempts to hide illegal actions.

Qualifying composition

It is established in the second part of this article. Among the qualifying signs is the commission of the act by a preliminary conspiracy and significant damage to the property owner. In the first case, we are talking about two or more persons who have agreed in advance on the commission of an act. The significance of the damage that arose after the wrongful acts of the perpetrators is evidenced by the importance of the consequences not only for the victim himself, but also for his close relatives. In this case, it is advisable to refer to the commentary to Art. 158 of the Code.

Specially Qualified Species

Article 160, part 3 of the Criminal Code of the Russian Federation formulates a sign of the use of official position when committing a crime. These entities include officials who possess the characteristics specified in paragraph 1 of approx. to Art. 285 of the Code. In addition, they should be understood as municipal or public servants who do not act as officials, and others who meet the requirements specified in clause 1 of note. To Art. 201. The actions of accomplices, instigators, organizers of embezzlement or misappropriation, committed by the subject knowingly for them, using their status, are not qualified by norm 160, part 3 of the Criminal Code of the Russian Federation. In this case, the provisions of Art. 33 and 159 (parts of the third). Large-scale waste or misappropriation is considered theft of property worth more than 250 thousand rubles.

Organized group

It is understood as a stable association created in advance for the commission of one or more unlawful acts. Such a group is distinguished by the presence of an organizer in it, the stability of its composition. The roles in the preparation and direct commission of crimes are distributed among the participants. Part four of the article under consideration also provides for such a feature as a particularly large amount of theft. The issue of its presence as part of a crime is decided in accordance with clause 4 of note. to Art. 158 of the Criminal Code.