Under certain conditions, fraud, embezzlement, misappropriation, theft are not criminal offenses. The relevant circumstances are established by the Code of Administrative Offenses of the Russian Federation . There is a provision in the normative act according to which sanctions are assigned for these acts more lenient than in the Criminal Code. Moreover, they are recognized as petty theft. Section 7.27 governs the application of the penalty for the commission of such misconduct. Let's consider it in detail.
Art. "Petty theft"
For fraud, embezzlement, theft, misappropriation of material values, the value of which is not more than 1 thousand rubles. assigned:
- Fine, up to five times the value of items, but not less than a thousand rubles.
- Mandatory work up to 50 hours
- Arrest up to 15 days.
The Code of the Russian Federation on administrative offenses applies to these acts if they do not contain signs of crimes established by the following norms of the Criminal Code: 158, 159-159.3 and 159.5-159.6 in parts 2-4, as well as 158.1 and 160 (parts 2-3 )
Aggravating circumstances
Article under consideration The Administrative Code of the Russian Federation establishes sanctions for the illegal acquisition of material assets through fraud, theft, embezzlement, embezzlement, worth more than one, but less than 2.5 thousand rubles. Guilty in these cases threatens:
- A fine of up to five times the price of items, but not less than 3 thousand rubles.
- Arrest for 10-15 days.
- Mandatory work up to 120 hours
In so doing, there should be no signs of crimes established in the above norms of the Criminal Code.
Note
In accordance with the Code of Administrative Offenses of the Russian Federation, petty theft is recognized as such subject to certain conditions. In particular, the value of illegally appropriated material assets should not be higher than the minimum wage. The amount of the minimum wage established at the time of the misconduct in accordance with the law is taken into account.
Comments
Theft of property is an unlawful seizure of money or circulation of property belonging to other persons in favor of the attacker or other entities, causing damage to the owner / other owner. Depending on the value of the items on which the assault was committed, as well as a number of other circumstances, the punishment is selected for the guilty. Criminal sanctions are established by the norms of the Criminal Code (158-162, as well as 164).
Objective part
The petty theft of another's property acts as an encroachment on the attitude of property, formed in the framework of the use, possession and disposal of values. These include tangible objects endowed with a specific value, in the creation or extraction of which human labor is invested, and capable of satisfying certain needs of subjects. Petty theft may occur in relation to tools, means, products of production, securities and money. As practice shows, the most popular among cybercriminals are paintwork, building materials, parts, and various tools. Often, components, finished goods, and semi-finished products become objects of assault.
Nuance
Responsibility for petty theft does not apply to cases of misappropriation of information, electricity and heat, documents and objects that have no value expression in which human labor was not invested. The composition of the misconduct is not formed upon the removal from possession of objects whose circulation constitutes a threat to public safety. Such objects include narcotic / psychotropic compounds, weapons, ammunition, radioactive and other substances.
Qualification specifics
For imputation of punishment, it is necessary that petty theft be committed in respect of objects not belonging to the perpetrator. It will not qualify under the 7.27 rule under consideration for the unlawful seizure of objects that are jointly owned by the attacker and other persons. When imposing punishment for petty theft of property, it will not matter on what (legal or not) grounds the material values were with the victim.
Mandatory attribute
Minor theft in all cases causes damage to the owner of material assets. The harm consists in reducing their actual volume. This is the public danger of misconduct. The owner loses the opportunity to use, dispose of a certain part of his goods. However, he continues to have rights to illegally seized tangible property.
Amount of damage
The act will qualify as petty theft if the cost of illegally seized items is not more than 1 minimum wage. The amount of damage is set in accordance with the price of objects. It, in turn, is determined depending on the circumstances in which the items were purchased, taking into account market, retail or commission prices that existed at the time the act was committed. If it is impossible to establish it, the cost is formed during the examination.
Special situations
The legislation provides for cases when petty theft is qualified as a criminal offense. These include acts that are committed:
- By several persons by prior conspiracy.
- A subject previously convicted of embezzlement.
- Organized group.
- Repeatedly.
Some clarifications on special cases are provided in the Resolution of the Plenum of the Armed Forces No. 29 dated 12/27/2002. The document says that the theft of property for any amount, including less than 1 minimum wage, is qualified as a criminal offense if it was committed from home , premises, other storage and was accompanied by illegal entry.
Specifics of Unlawful Seizure
Petty theft is the illegal acquisition or circulation of material assets in favor of an attacker or other entities. The act is considered completed at the moment when the person gets the opportunity to dispose of or use the seized item as his own. The violation will be completed when other persons (acquaintances, relatives of the culprit and other citizens) gain access.
Classification
As noted above, theft can take the form of fraud, embezzlement, misappropriation, theft. The latter method is considered the most common in practice. Theft is a secret theft of property belonging to other persons. The guilty person seizes property unnoticed from the owner, employee of the enterprise, under the protection or jurisdiction of which are objects, or other entities that could interfere with unlawful possession. The qualification will not take into account whether the attacker was an outsider for the organization where he committed the act, or works in it and has access to the objects of encroachment. The theft will be considered a complete violation from the moment of unlawful seizure of values, that is, when in fact the owner lost the ability to use and dispose of them.
Fraud
Illegal seizure of property may be carried out by deceiving a person. In this case, the guilty person deliberately distortes or hides the truth, reports information that does not correspond to reality or deliberately keeps silent about the facts, the mention of which is mandatory. As a result of such actions, the attacker gains access to the property of a misled citizen. For fraud, fake documents are used. It can be false cash receipts, on which the guilty receives goods, lottery tickets, etc. Deception can be carried out using uniforms by a citizen who does not have the right to wear it, by transferring another item that looks like a conditional but inferior one, and so on. . Another way to carry out fraudulent activities is to abuse confidence. It, in fact, can be considered as a form of deception. The perpetrator misleads the citizen, using the trusting relationship established between them, abusing it.
Assignment and waste
Theft is often committed not by unauthorized persons, but by entities with the right to dispose of property. In this case, embezzlement or misappropriation takes place. Their difference from theft is the fact that the attacker uses the powers available to him to commit theft. In this case, the perpetrator withdraws material assets from the funds of organizations from the owners through non-return and unlawful retention. The right of disposition may be transferred to an attacker on various grounds. For example, it is provided due to official duties to forwarders, storekeepers, cashiers, sellers, and so on. Competency may be acquired under the terms of the contract. Small thefts, which are committed by embezzlement or appropriation, have many common symptoms. The main criterion that unites them is the fact that the guilty property is in the rightful possession of the perpetrator even before he has committed illegal actions or that he has the rights of operational management / economic management. However, there are many differences between embezzlement and appropriation. In particular, the latter involves the retention (seizure) of material assets that are in the legal possession of an attacker for subsequent treatment in their favor or transfer to other citizens. In this case, there is a transition from a legal order to an unlawful one.
In the case of embezzlement, an attacker not only holds material assets belonging to other entities. He also illegally spends property. In particular, the perpetrator may sell, consume or otherwise waste material wealth. For example, a fact is recognized as such an act when an employee of the procurement department spends the organization’s funds for their own needs and does not return them.
Subjective part
A sane citizen of 16 years may act as the perpetrator of petty theft. The subjective part of the misconduct under consideration consists in a selfish purpose and direct intent. Perpetrators are aware of the theft, anticipate the harm that will be done to the owners. However, at the same time, the attackers want to take possession of material values or provide them to other persons. The motives for theft can be different. For example, misconduct is committed with the aim of acquiring alcohol, to carry out home repairs and home improvement, or to use it to satisfy other personal needs. Cases of embezzlement on the basis of protocols drawn up by authorized officials of law enforcement agencies are considered in a magistrate's court.
Conclusion
It should be said that the line between the administrative and criminal acts in the field of theft is quite thin. The main criterion by which the qualification is carried out is the value of material assets that were illegally appropriated. In this case, the circumstances of the act are taken into account in the course of the proceedings. If, for example, it was repeated, then theft becomes a criminal offense. Similarly, the seizure of valuables is qualified, the value of which, within the limits of the amount prescribed by law, carried out with the penetration of a dwelling or other premises. When considering a case, the motives of the subject will not matter. The main thing is to establish the presence of selfish motivation and intent.