Theft of another's property is punishable by law. Criminal law contains a special rule that establishes punishment for such an act. Let us further consider the signs of the act, sanctions for the perpetrators. At the end of the article, some recommendations will be given to prevent theft in enterprises.
Article for theft: general composition
For theft, the subject faces:
- Mandatory work. Their duration is up to 180 hours.
- Arrest up to 4 months.
- Correctional work from six months to a year.
- Imprisonment up to 2 years.
The norm provides for another punishment. It is considered the softest. This is a fine. For theft from the subject can be recovered up to 80 thousand rubles. or an amount equal to his salary (other income) for six months.
Qualifying composition
Subjects can commit theft in different ways. Article 2 of the Criminal Code of the Russian Federation establishes a punishment for theft:
- A group of collusive entities.
- With unlawful entry into a storage facility or other premises.
- With causing substantial harm to the victim.
- From a bag (other hand luggage), clothes that were on or with the victim.
For such theft, an article of the Criminal Code of the Russian Federation establishes:
- Mandatory work for 180-240 hours.
- Cash collection of up to 200 thousand rubles. or equal to salary (other income) for 1.5 years.
- Correctional work for 1-2 years.
- Imprisonment up to 5 years.
Aggravating circumstances
The subject can steal:
- Illegally entering the living room.
- From gas and oil pipelines.
- In the amount considered large.
For such theft, an article of the Criminal Code of the Russian Federation imputes:
- Cash recovery from 100 to 500 thousand rubles. or equal to the convict’s income / salary for 1-3 years.
- Imprisonment for 2-6 years.
In the latter case, an additional penalty of up to 80 thousand rubles may be imposed. or in the amount of income / salary for six months. Theft can also be committed in an amount recognized by a particularly large or organized group. For such theft, an article of the Criminal Code of the Russian Federation provides for imprisonment for 5-10 years. In addition, a pecuniary penalty of up to 1 million rubles may be charged. or equal to income / salary for a period of up to 5 years.
Note
The theft of another's property constitutes a gratuitous unlawful appeal in favor of the guilty party, third parties, or the seizure of material assets belonging to other entities that caused damage to the owner or owner. These acts are committed for selfish purposes. Significant harm is established in accordance with the financial situation of the victim. Moreover, it cannot be less than 2.5 thousand rubles. The size considered to be large will be the value of material assets above 250 thousand rubles, especially large - more than 1 million rubles.
Article 158: Commentary
As the subject of encroachment are material values. The object of an unlawful act is property relations. Theft is a crime with material composition. The subject of an attack may be:
- Money.
- Things that are created by human labor and have spiritual or material value.
- Documents acting as the equivalent of money.
- Securities.
The subject of theft can be documents of an intangible nature that have no value, but provide an opportunity to obtain property. Such papers, for example, include invoices, baggage receipts. Their theft with the purpose of subsequent use for the circulation of property in favor of the guilty or third parties is qualified as preparation for fraud.
Gratuitousness
Article 158 establishes a number of mandatory signs of an act. One of them is gratuitousness. Only such an exemption can result in damage to the victim (legal owner). In the absence of material damage, the act will not be considered as theft. For example, a subject seizes property, in return providing an item of equal value or monetary compensation.
Purpose of theft
The theft article indicates that material assets may be seized in an unlawful manner for subsequent treatment in favor of the guilty person or other (third) persons. The person who stole the thing does not officially become its owner, but in fact he owns it, disposes of it, uses it as his own. In this regard, it is necessary to distinguish even petty theft from temporary mercenary use of an object belonging to another person. In the latter case, the perpetrator uses and owns the thing, but does not dispose of it.
Attempted theft
Theft will be considered completed if the perpetrator has the ability to dispose of or use the seized property. If the subject has performed certain actions and only managed to take possession of the subject, but he could not dispose of it for reasons beyond his control, then his behavior is regarded as an attempt to steal. In this case, robbery will be an exception. It is considered completed from the moment of the attack for the theft of property if there are signs in the person’s act established by Art. 162.
Material damage
He acts as one of the signs of the objective part of the crime. Material damage is associated with the forcible seizure of material values. For petty theft committed through fraud, theft, embezzlement, misappropriation, administrative liability is provided (Article 7.27 of the Code of Administrative Offenses). Material damage caused to the owner of the thing must have a causal relationship with the actions of the subject who committed the wrongful act. In resolving the issue of the absence or presence of a corpus delicti, the opinion of the owner of the stolen item on whether there is property damage and whether the perpetrator should be held accountable is not taken into account. The cost of illegally seized property is determined on the day the crime is committed. The amount of pecuniary damage is established at the date of the decision to recover with subsequent indexation.
Part three
It establishes liability for theft, accompanied by illegal entry into housing or in an amount considered large. The first concept should be understood as a residential building with premises included (non-residential including), regardless of the form of ownership, suitable for permanent or temporary stay there. Composite structures of the structure intended for storage of things, recreation, and other household needs are also referred to this category. Large will be considered the size of several thefts by one entity, if it corresponds to the amount established by law. When determining it, an assessment of the value of stolen property is carried out.
Subjective part
Only a person with the legal authority of the owner or other owner of material assets can act as a victim. Secret removal of an entrusted thing is regarded as an appropriation. The subjective sign of a crime is expressed in direct intent. Within the meaning of the considered norm, persons who have committed theft as part of a group act as co-executors. Each of them will respond in full, regardless of the size of the share attributable to him.
Recommendations
Theft can take place in a store, at an enterprise, in public transport, in a bank and in other places. How to deal with theft? Experts recommend developing a specific plan of measures aimed at suppressing illegal actions. Of course, its compilation should be carried out taking into account the characteristics of the team, enterprise, other circumstances. For example, the protection system at the factory and on the trading floor will have significant differences. Nevertheless, some general recommendations can be identified:
- Development of local regulatory documents. The established rules must be prescribed in special documents. Each subject should become familiar with them. At the enterprise, much attention should be paid to work regulations, the content of job descriptions. Equally important is the system of individual and collective liability. The development of local acts is mainly the prevention of theft.
- Formation of a control and accounting system. The head of the company should always have access to product information at each level of its movement. This will allow not only to control the production process, but also provide the opportunity to conduct a sudden inspection. Employees, in turn, with such a system will understand that any illegal action will be necessarily detected.
- Verification of a new employee. When employing a candidate for a place provides a certain package of documents. They must be checked for authenticity. In addition, it is advisable to inquire about the previous place of work, and from there to request a description of the employee. Mandatory to identify bad habits of a person. In particular, craving for gambling, drinking, etc. is of particular importance.
- Careful selection of employees in the management apparatus. It must be remembered that in any enterprise, the administration acts as a standard, a model. She sets the tone for work. Managers contribute to the creation of the image of the CEO, shape the attitude of employees to the head of the company. That is why checked and honest people should be present in the administrative apparatus.
- Identification and harsh criticism of theft. Cases of violation detection and identification of perpetrators must be made public within the collective of the enterprise. The manager should develop a scheme in accordance with which he will have the opportunity to get rid of negligent employees as soon as possible. In such cases, exceptions and exemptions should not be made in any case. If local acts establish strict rules and provide specific measures aimed at combating theft, they must be strictly observed.
It should also be noted that when interacting with staff, it is extremely important to adhere to ethical standards. In the process of counteracting and prosecuting employees who are caught stealing, one must not offend or in any way infringe on the rights of honest, conscientious employees. Punishment should be provided only for perpetrators.