Jurisprudence explains in detail the difference between theft and theft. In these concepts, forms of criminal acts are hidden, each of them, by legal signs, indicates the nature, determines the objects and reasons for committing crimes. Theft is widespread in various forms; criminal law marks it with a corpus delicti and characteristic criteria.
Types of illegal actions
It is possible to take away the property of one citizen in favor of another, cause damage to a specific person or organization in different ways - this is what distinguishes theft from theft.
All encroachments on material values are committed in various forms, investigators consider them in the form of:
- theft as secret appropriation of objects in their possession;
- robberies - open crimes, in the process threats may or may not come to the owner, but health is not harmed;
- robberies - committed attacks using violent methods dangerous to human life;
- fraud - victims cheat or abuse trust;
- embezzlement, misappropriation of funds due to unlawful handling of money, tools, equipment.
The Criminal Code of the Russian Federation separately identifies actions called extortion, these crimes do not apply to theft, theft of another's property, they contain the same signs.
A special attitude in the courts to the unlawful removal of church utensils from churches, religious communities, actions is considered unacceptable blasphemy against property and religion.
What is theft?
To find out what distinguishes theft from theft, you need to consider the definitions of jurisprudence. The Criminal Code of the Russian Federation emphasizes in article 158 all the characteristic signs of theft, where the misconduct of a citizen is aimed at achieving the goal: secretly pick up someone else's property.
The structure of a criminal act includes legal concepts:
- separation and identification with tribal, species, direct objects in economic relations in society, determining the right to own, use, dispose of property;
- any property belongs to objects, except land, plantings;
- the objective side is the secret commission of an illegal operation, self-serving with direct intent.
What is the difference between theft and theft - the mystery of misconduct and the hallmarks of these forms. The kidnapper is sure that no one suspects that he stole a thing. A circle of acquaintances, relatives are often present in the form of silent witnesses to theft. Although unauthorized persons may not be aware of the seriousness of the situation: misappropriation of other people's values occurred in violation of the law.
What do lawyers mean by theft?
The unlawful seizure of property from the owner in various forms is a single set. This general concept in jurisprudence is called theft. The objects of crime in it are products that are valued at market value.
The difference between theft and theft is determined by the characteristic features of the case:
- the complexity of the nature of production;
- degree of wrongfulness;
- gratuitousness;
- level of damage caused.
If self-interest in a committed act is indicated, then the qualification of the crime will be given. The investigation, based on the motives and evidence gathered, makes it clear how the theft differs from theft: there are criteria, the severity of the offense is emphasized.
When they take away property in order to pay off the debt, but the abductors do this not for enrichment, but consider it the return of their property, they are engaged in arbitrariness. The law threatens these violators with another responsibility.
What is the difference between theft and petty theft?
The Code of Administrative Offenses of the Russian Federation emphasizes: for the appropriation of funds in small amounts, an administrative penalty is imposed under Article 7.27, if it is proved that a citizen stole or took possession of another person’s deceit.
The difference between petty theft and theft is in the price of the item. On the objective side, misconduct in this direction is not subject to consideration on similar grounds by which criminal penalties are passed.
The commission of a crime with a selfish motive for profit is one side of the matter. There are other intentions, as with kleptomaniacs, the process of theft is important to them, but not the profit from the stolen item. The investigating authorities have a difficult task, specialists need to understand all the subtleties.
Legislative qualifications
To recognize criminal acts under administrative law, the following conditions must be met:
- a citizen first appropriated an item; its rating does not exceed 1000 rubles;
- the offender has no criminal record;
- the suspect in the abduction, at the invitation of the owner, is in the apartment or works for him, performing a number of duties, stolen things cost no more than 1000 rubles.
The seriousness of the qualification of the crime depends on the amount of damage to the owner of the materials.
Signs of the subjective side
Examples from private life show that for petty theft up to 2500 rubles. without violence, they are not punished under the Criminal Code. If the crime is accompanied by aggravating circumstances, the misconduct is not considered within the framework of the Code of Administrative Offenses, even if only 1,000 rubles were stolen.
Signs of theft with criminal liability:
- The crime was committed by conspiracy by several persons.
- Things were removed from the apartment into which they illegally entered.
- Stolen money, any valuables from the victim’s pocket, his bag.
- An organized group is participating.
When determining the extent of damage to stolen goods, they are guided by the price at the time of their initial purchase - retail, wholesale, commission. An additional examination is carried out to evaluate items, if it cannot be determined in another way.
What penalties are provided by law?
Responsibility for theft and petty theft depends on how they are committed. If a citizen found and seized a stolen bottle of vegetable oil in a store when he went out and did not pay at the cash register, he may apologize. There should not be any fines or damages, provided that the actions were not carried out by a group.
When the preliminary conspiracy of several persons to commit theft has been proven, they are waiting for:
- penalties - 200,000 rubles;
- correctional work;
- deprivation of liberty.
If there are no signs of criminal offenses, petty theft was committed according to the norms of the Code of Administrative Offenses of the Russian Federation - the amount of punishment depends on the assessment of the stolen property.
For stolen goods up to 1000 rubles:
- a fine of 5 times the price of seized utensils;
- for 15 days draw up a detention;
- awarded to perform mandatory work, they can last up to 50 hours.
In court, if it comes to him, for stolen things in the amount of 2,500 rubles. they will condemn and appoint forced labor, doubling their working time. Responsibility measures are provided only for adult offenders. Children committing crimes and damaging the property should be reimbursed by their parents.
Amendments to the law are awaited
The State Duma considered the question of punishments for petty misconduct. Often the fault does not correspond to the seriousness of the conviction. The bill is supposed to revise information in cases of punishment for the size of theft, the bar will be raised to 5,000 rubles. For the misappropriation of someone else’s trifles, fines and administrative arrests will be removed, only correctional work will remain.
Innovations will not affect “masters” with qualifications who commit crimes:
Repeat offenders will be severely persecuted:
- 80 000 rub. fines;
- 360 hours of forced labor;
- 2 year imprisonment.
As a relapse, a second similar misconduct is taken if products stolen per year for 1000 rubles are stolen.
New provisions are still at the development stage, the document is not formed and did not go through readings. It is created for citizens who, for example, mistakenly did not put a bag of milk in front of the cashier, they have no constant habit of forgetting to pay for the goods taken. Sellers work in stores, they are liable for the safety of the product range. After the audit, the shortage is divided into all employees, therefore, unscrupulous buyers notice aggressive staff.