Art. 158 h. 1 of the Criminal Code. Theft
Article 158 "Theft"establishes sanctions for encroachment on material values belonging to citizens legally. In this norm there are several parts.st. 158 h. 1 of the Criminal Coderevealed the main part. The remaining parts contain qualifying attributes. In accordance with them, the sanctions established in the first part are tightened. Consider further in detailst. 158 h. 1 of the Criminal Code.
In the first part of this norm, the definition of “theft” is present. The Criminal Code exhaustively reveals its essence. It is worth noting that not all countries have an interpretation of this or that act in the legislation. However, in Russia the norms are structured so that a person not only knows that there is a responsibility for illegal acts. Citizens must understand for what crime, what kind of sanction is imposed. The act in question issecret theft of another's property.
Legislation in this formulation refers to the mandatory elements of a crime. First of all, pay attention to the first word -secret Theft of another's propertyin the framework of the norm under consideration, is carried out hidden from the rightful owner. That is, the owner of material values does not suspect that he has lost some thing. Another mandatory feature is that the subject should not belong to the offender for any rights.Article 158 "Theft"is used in cases where the subject has made a gratuitous unlawful seizure with the mercenary purpose of an object. The rule also applies to cases of treatment of material values in favor of the attacker or other persons if as a result of this the owner or other owner has suffered damage. These acts form the structure of the theft .
Part 1 of Art. 158 of the Criminal Code: comment
As an object of encroachment are public relations, emerging in the distribution of wealth. They belong to the category of "property". Action providedst. 158 h. 1,does not entail deprivation of the owner of his rights to the values seized from him. Accordingly, the attacker does not have any legal basis for disposing of the thing as its property. In this case, the disposal of abducted in any form is considered illegal.
Act, the sanctions for which establishesst. 158 h. 1, - it is always an encroachment on a particular thing. It should relate to items of the material world that have user value. These include money and documents used as their equivalents. Whereinst. 158 h. 1extends to encroachment on both movable and immovable objects, as well as withdrawn from circulation.
Documents that do not have a property character, as well as no value for use, but which provide an opportunity to receive money on them, cannot be the subject of theft. The latter, in particular, include checks, baggage receipts, passbooks, invoices, etc. Exceptions also include items that provide the right to receive other material values. For example, these are wardrobe checks, debit / credit cards, electronic keys to safes, storages, etc. The results of intellectual work, electricity and heat can not be the subject of theft.
Nuances of the composition
On the illegality of the act providedst. 158 h. 1,says his commission in violation of current regulations.Gratuitous is the assignment of things without compensation for its use value. An exemption refers to a real action, expressed in the direct movement of an object in the material world from the legal owner to the guilty or other subjects. Appeal in favor of the attacker or other persons called the action, expressed in the illegal preparation of documentation on the transfer of rights from the owner to the criminal and other inappropriate citizens. It is worth saying that theft can be expressed in the creation of obstacles for the legal owner to use / dispose of the property. Wrongful withdrawal always happens against the will of the owner.
If there is a seizure of property even in the event of a clear violation of the norms by a person who has a valid or presumed right to it, then it does not constitute a composition of theft. For example, an accountant withheld the amount of his earnings from accountable funds. Do not fall under this standard of action related to the removal of material values from the repository, if they remained in the fund of their owner or funds from their implementation were directed to meet the needs of the owner.In these cases, the subject may be held accountable for arbitrariness or abuse of authority. Temporary use of material values for personal purposes, if this does not happen disposal of objects, the composition does not form. If there are appropriate grounds, such actions are qualified according to the 165, 166 norms.
It is a mandatory feature. The corpus delicti do not constitute property manipulations that do not harm the owner The resulting damage should be the result of illegal actions of the attacker. In this case, the property itself that has been stolen is directly assessed. The sole purpose of the act in question is greed. Even with the commission of clearly illegal actions for other reasons, the composition of the theft is not formed. For example, talking about personal interest, the desire to temporarily use the subject, falsely understood official tasks, etc. The accomplices of a crime may well have a different purpose. However, they are always aware of the nature of the actions that the direct perpetrator performs.
The encroachment is deemed to be completed if the material values are confiscated from the owner against his will, and the offender has the opportunity to dispose of them and use at his own discretion. This should take into account the nuance. If a person, having made some actions aimed at illegal possession of property, managed to withdraw it, but due to circumstances beyond his control, the opportunity to use and dispose of it did not occur, the behavior would be qualified as preparation for the act. Robbery is an exception. It is considered complete at the time of the attack with the aim of unlawfully appropriating wealth.
Sane persons can be held accountable from the age of 14. Within the subjective side, the presence of specific direct intent is characteristic of any theft. It is aimed at seizing a certain thing in a wrongful way for its subsequent appeal in favor of the perpetrator or third parties. The guilty always understands that his actions are aimed at the removal of material values that do not belong to him.He assumes the onset of the corresponding consequences in the form of damage to the owner, but wants them to occur.
Art. 158 h. 1: punishment
For the crime in question, individuals may face:
- Money collection value of up to 80 thousand rubles. or in the amount of income for six months.
- Mandatory work duration of up to 360 hours
- Arrest up to 4 months
- Correctional work up to a year.
- Restraint of liberty or imprisonment up to 2 l.
It should be noted that all cases of embezzlement fall into the category of public prosecution proceedings. From this it follows that in the process of resolving the issue of bringing to justice those responsible, the opinion and position of the rightful owner of material values is not taken into account. If within the framework of the proceedings of the case of theft of a car or other vehicle it is established that the accused did not pursue the aim to subsequently dispose of this vehicle, his action would be regarded as hijacking under the relevant circumstances (article 166). However, this qualification should not worsen his position.