According to article 158 of the Criminal Code of the Russian Federation, theft is secret theft of someone else's property. This act is criminal in nature and is criminally punishable.
Theft concept
Theft is one of the forms of property theft, therefore it has all its subjective and objective signs. A distinctive feature of theft is the theft method, which in this case is secret, that is, it is carried out without the consent and knowledge of the owner of the property, and also invisibly to outsiders. An example is the common burglary. A crime can be committed even in the presence of the owner, if at the same time it remains invisible: pickpocketing, confiscation of property from a person who does not perceive what is happening (drunk, sleeping, fainting, minor or mentally ill).
Thus, the secrecy of confiscation is the main characteristic feature of theft. Along with it, they highlight the fact that theft is a non-violent form of theft. Therefore, if the secret seizure of property is accompanied by violence, or physical damage to the victim was inflicted before him, this act can no longer be qualified as theft. The same applies to the situation when the perpetrator was caught at the time of secret theft and continued to confiscate property in the open. Such actions are classified as robbery, and with the use of violence, depending on the nature of the damage, as robbery or violent robbery.
In addition to secrecy and a non-violent way of taking possession of property, theft is characterized by the fact that the thief does not have any authority to manage, dispose of, store or deliver these things. Secret seizure of entrusted property will be qualified not as theft, but as embezzlement (Article 160 of the CC).
Types of theft
According to the qualifying circumstances and their nature, theft is of three types: simple theft (without qualifying characteristics), qualified theft (if the circumstances specified in Part 2 of Article 158 occur) and specially qualified theft (in the case of the circumstances described in Part 3 Article 158).
According to the current legislation, depending on the qualifying circumstances and their nature, there are several different types of punishments for committing theft:
- a fine of up to 80 thousand rubles or other income of the convicted person for six months;
- compulsory work for a period of up to 180 hours;
- correctional labor for a period of 6 to 12 months;
- arrest for a period of 2 to 4 months;
- imprisonment for up to 2 years.
