The Criminal Code contains an article explaining the responsibility for misappropriation of someone else’s car or other vehicle without the intention of stealing it. Such an act is defined as theft. Art. 166 of the Criminal Code contains four parts. Consider them.
Art. 166 of the Criminal Code
The corpus delicti precludes the theft of property. This means that the act is limited only to unlawful possession. As punishment h. 1 Article. 166 of the Criminal Code establishes:
- Up to 5 years in prison.
- Arrest up to six months.
- Up to 3 years of freedom restriction.
- Fine up to 120 thousand rubles. or in the amount of income (salary) of the guilty for the period up to a year.
- Compulsory work up to 5 years.
Qualifying signs
Indicated in the first part of Art. 166 of the Criminal Code, acts may be committed by a group of entities by prior conspiracy or by a person using violence that does not pose a threat to the physical condition of the victim, or threatens to use it. The punishment for such perpetrators is being tightened. Sentence under Art. 166 of the Criminal Code under aggravating circumstances may be as follows:
- Up to 7 years in prison.
- Forced labor up to 5 years.
- Fine up to 200 thousand rubles. or in the amount of remuneration (income) for a period of up to 18 months.
Note
The Constitutional Court in its Resolution of April 7, 2015 recognized paragraph "a" of the second part of Article 166 of the Criminal Code of the Russian Federation contrary to constitutional provisions to the extent that it does not allow the perpetrators to recover property damage caused to the vehicle owner in connection with the unlawful seizure and subsequent theft of an unidentified subject.
Additional signs
In the third part of Art. 166 of the Criminal Code of the Russian Federation formulated additional aggravating circumstances. When committing the act specified in the preceding paragraphs, by an organized group or having caused especially large property damage, the guilty shall be punished by serving a sentence in prison for up to 10 years. In the case of violence recognized as dangerous to health and life, or with the threat of its use, the subject faces up to 12 years in prison.
Art. 166 of the Criminal Code with comments
Responsibility established for the misappropriation of vehicles. This should be understood as full or partial misappropriation of property, as well as an unauthorized trip by car. Theft can be done in different ways:
- Using an engine mounted on a vehicle.
- Manually.
- Evacuation.
- Rollback and so on.
Objective part
It consists directly in the misappropriation of a vehicle belonging to another person, without the purpose of theft. As the object of the act of Art. 166 of the Criminal Code considers social relations that are formed within the scope of distribution and redistribution of property benefits. In the case of illegal seizure of the vehicle using violence, intent is directed to 2 objects. The second in this case will be the health and life of the owner of the car.
Set of acts
In the case when the subject who stole a car or other transport without the intention of stealing, at the same time unlawfully appropriates the property that is in it, his actions must be qualified in accordance with Art. 166, and other relevant criminal law. When taking possession of a machine for its subsequent dismantling and illegal receipt of its parts or turning the vehicle in its favor or by third parties, the act is qualified as theft. Similarly, theft is considered with the aim of returning property to the owner for a fee. Illegal seizure can be carried out both secretly for the owner, and in an open way. In the latter case, the perpetrator presents the owner with the requirement of transferring the vehicle to him.
Subjective side
It is characterized by direct and, as a rule, concretized intent. Illegally taking possession of someone else's property, the perpetrator understands the illegality of his actions. The subject of the crime is a legally capable person. Responsibility under this article comes from the age of 14.
Group Act
When a vehicle is hijacked by two or more entities that have previously agreed on this, the actions of each of them are considered as complicity. The deed in such situations is qualified under paragraph "a" of the second part of the article under review without reference to Art. 33 codes. It does not matter who carried out the actual control of the vehicle. If the theft was committed as part of a stable group created in advance to carry out one or more illegal acts, then it shall be qualified in part three.
Property damage
Particularly large damage is recognized, expressed in serious damage to the vehicle. Such damage excludes the possibility of defect recovery, further operation of the car or other transport. Damage is assessed at the actual value of the property on the day the crime is committed. In the event of the unlawful seizure of transport, followed by its intentional destruction, the crime is qualified by the totality of acts. This provision is valid if, as a result of these actions, the owner suffered significant damage, and the guilty person’s behavior was not considered as hijacking on the basis of damage to the victim on an especially large scale.
Severe physical harm
Part 4 discusses an act committed with the use of violent acts, which is considered dangerous for the state of the owner of the vehicle, or with the threat of its use. Qualification on this basis is carried out if the behavior of the perpetrator caused physical harm to the victim of varying severity. The behavior of the attacker is considered under Part 4 and in the case of inflicting light bodily injuries, which provoked a short health disorder or a permanent insignificant loss of the ability to carry out work activities. In these cases, it is not necessary to qualify the act under other relevant articles. In the event of death due to the use of violence during the unlawful seizure of transport, the crime is considered in aggregate under Art. 111 and Art. 166.
additional information
Transport belonging to the accused may be confiscated only if it was used as a tool of a deliberate illegal act. When a crime is committed by an entity whose guilt is recognized under art. 264, a car cannot be considered a means by which unlawful acts are carried out. In the event of unlawful seizure of transport in order to facilitate the commission of another criminal act, behavior shall be qualified under the article in question in conjunction with the norms of the Special Part of the Code.