Criminal offenses are different. Understanding them is very difficult. Sometimes you can break the law without suspecting it, for example, taking someone else's thing and not giving it back. It seems that everything is not too serious, but if you think about it, it will turn out to be a crime, moreover, of a criminal nature. Therefore, today we will be interested in such moments as embezzlement or embezzlement - quite common criminally punishable acts. But what is it all about? What specific punishment will you have to incur if you have committed this crime?
Terminology
What happens if an assignment or embezzlement occurs? First you need to understand what specific violations are involved. After all, each crime should have its own definition.
Rastrata is a peculiar form of theft of another's. We can say that when you commit this crime, you completely take possession of the property and somehow dispose of it: sell, give, give to someone. In general, do not use for your own needs.
But appropriation is a completely different concept. It characterizes theft in order to keep property in its power. Taken and not given on time - this is a vivid example of a crime. Please note: before embezzlement, an assignment will occur. One without the other is unthinkable. Therefore, the article of the Criminal Code responsible for punishment will be uniform.
Theft is different
To make it clear what is at stake, it is necessary to consider various forms of theft. Then it will be possible to distinguish one crime from another. Although everything is not as simple as it seems. In Russia, the methods for taking possession of another's property do not always clearly show differences. But trying to understand all this is worth it. But the robbery is committed openly. No one hides his intentions.
There is such a thing as theft. It is this term that is usually called theft. But it's not right. According to the law, theft is characterized by the secret possession of another's property. It is secret. This is important for a crime.
Forms of theft include fraud. It is characterized by obtaining rights to the property of others through the abuse of trust or deception. The last thing to remember is the definition of robbery. This crime is nothing more than an attack in order to obtain another's property. It is accompanied by threats of violence, as well as direct harm to the health of the victim.
Now the difference in appropriation or embezzlement from other forms of theft should be noticeable. If it is not entirely clear, then it is in these two cases that the property is initially entrusted to the criminal. That is, the victim transfers things on his own, but does not receive back on time. Nothing complicated!
Money as a punishment
But now you can look at possible penalties for a committed act. The thing is that in Russia Art. 160 of the Criminal Code. It spells out all the norms and rules of the fight against criminals who have committed misappropriation and embezzlement. This is not the worst crime, so the measures are also not very serious, although tangible.
So, for example, you can count on a fine. If you have appropriated someone else's property or wasted it, cash payments are expected. Their size is established in court, but cannot exceed 120,000 rubles. Or, as an alternative solution, the criminal’s income for a period of up to 12 months is seized. Although much depends on the circumstances.
Work work work
Have you squandered someone else? Or maybe they just appropriated someone else’s property? In the absence of aggravating circumstances (about them a little later), you can get off with a fine. But not always. At the discretion of the court, measures are selected that seem effective in relation to a particular person. Their spectrum is limited, but takes place.
For example, community service. They may be mandatory, corrective or compulsory. Not the cruelest punishment. The maximum duration thereof is set to 240 hours, 6 months, 2 years. However, this kind of punishment is not too common. In judicial practice, it is cash payments that are assigned to criminals. Sometimes they are accompanied by compensation for moral damages.
Encroachment on freedom
Assignment or embezzlement, as already mentioned, is not the worst crime. Some may not even think about the serious punishment imposed on these acts. Fortunately, more stringent measures for these violations are envisaged in Russia.
Which ones? Violation of human freedom. It is this restriction to one degree or another that can frighten and motivate citizens to comply with laws. Please note that our current crimes will provide the offender with either a suspended sentence of 2 years or imprisonment for a similar period of time. Keep in mind that all this is only for acts without aggravating circumstances.
Significant Damage or Collusion
But what if there was an appropriation or embezzlement of property by prior conspiracy by several persons? Or when, as a result of this crime, the victim suffered significant damage? Will the above measures really be relied upon? Not at all. After all, all this is considered a burden.
According to Art. 160 of the Criminal Code, the measures themselves remain the same, but their severity is increasing. That is, fines will increase by more than 2 times. Now, for the crime committed, you will have to give 300,000. Or lose income in 2 years. Mandatory (for 15 days), corrective (1 year) and forced (5 years) work are also provided. The maximum term of the sentence is indicated in parentheses. It will depend on the damage done and the situation as a whole.
Features
Only on this features do not end there. Assignment and embezzlement, which are punishable by various types of social labor, may additionally be coupled with some other measures. Namely - with restriction of freedom.
What does it mean? In addition to works of one type or another, a criminal may be subject to judicial restraint of liberty. Its duration is maximum 1 year. And nothing more. But a separate suspended sentence is not provided if the crime was committed by conspiracy or was accompanied by significant damage to the victim.
Official position
The article "Rastrata" does not end there. In some situations, a crime is committed through the use of one's official position. Or just a citizen, but on a large scale. In such cases, a more serious punishment will be necessary.
The thing is that embezzlement or misappropriation committed on a large scale, as well as through the use of official position, is punishable by a fine. Only in this case, the minimum payout is 100,000 rubles (note that in the previous handouts there is no such restriction), and the maximum is 500 thousand. The court may impose a fine in the amount not exceeding the profit of the offender for 3 years.
Forced labor for 5 years with restriction of liberty (for 18 months) or imprisonment for 5 years with a fine (monthly offender earnings or 10,000 rubles), as well as with a suspended sentence of one year, may be considered.
Another non-standard measure (it is actually not very common) is the deprivation of the right to occupy certain positions and work in a particular field of activity. When using official position and appropriation / embezzlement of another's property, such punishment lasts 5 years. By the way, getting a job after such measures in previously forbidden areas will be extremely difficult. Typically, prohibitions include leadership positions and labor in the fields of economics, politics, and finance.
Organization Actions
Assignment (of the Criminal Code of the Russian Federation) may be punished differently. The thing is that our today's crimes committed on a particularly large scale are the most serious scenario. Absolutely, like embezzlement / appropriation by an organized group (do not confuse with conspiracy - these are different concepts).
Under such circumstances, only imprisonment is applicable. Moreover, no other measures are provided for in modern Russian law. Criminals are sent to prison for 10 years (this is the maximum). As a "bonus" can appoint a cash payment of up to 1 million or restrict freedom after release from prison for 24 months. Just these measures most of all scare the population. But judicial practice of appropriation and embezzlement usually encounters either a crime without aggravating circumstances, or when it causes significant damage to the victim.
Comments
A huge role is played by the comments on this article. They help to understand many features of crimes. For example, they reveal the composition of these and indicate the minimum age of the defendant. Criminal liability for misappropriation / embezzlement comes from 16 years. Important: a citizen must be capable, otherwise there will definitely not be any corpus delicti.
Why? All due to the fact that a person appropriates and wastes other people's things knowingly. This is an important point. Usually a citizen has some purpose, motivation, malice. How to understand that this component took place? If the criminal had the opportunity to return the property to the owner, but he did not do this, then there was intent. But the absence thereof does not constitute a corpus delicti.
Interesting and important points do not end there. Please note that if the defendant fully compensated the victim for the damage, the offense is not excluded. That is, this is not a reason for dismissing the case. Malice still takes place.
The comments indicate when the crime can be considered committed on an especially large scale. This is important to understand. According to the law, if the value of the property exceeds 250,000 rubles, then the embezzlement or misappropriation is recognized to be committed in especially large amounts.