The Russian Criminal Code contains chapter 21, which is devoted to issues of violation of property rights. Depending on the type of offense committed, the punishment is provided for in one of the seventeen articles included in it. The measure is established in proportion to the gravity of the act committed. For example, article 165 addresses issues of property damage caused to the victim.
The essence of the problem
The right to own private property to every citizen of our country is guaranteed by the Constitution. Any encroachment on him by other persons must be suppressed and punished according to law accordingly. In life, situations often occur when people, feeling good attitude and unlimited trust, use it for personal, selfish purposes. It is precisely to such cases that article 165 of the Russian Criminal Code is devoted . We are not talking about direct damage to other people's property (theft), but about the fact that the owner did not receive part of the income due to him as a result of the unlawful actions of the guilty person. These acts cannot be considered fraud, since the violator did not appropriate another's property for free and did not seize it in favor of another person. He simply deprived the owner of the opportunity to receive the expected income.
Moreover, article 165 clearly indicates the reason why such a situation became possible. The owner was fully convinced that from the side of the trustee he had nothing to fear. And he, in turn, using a good attitude towards himself, committed actions that as a result led to undesirable consequences in the form of lost profit. This article 165 especially focuses attention.
Size of punishment
Article 165 of the Criminal Code of the Russian Federation in part 1 for committing such acts provides for the following types of punishment:
- A fine, the amount of which can be from 300 thousand rubles to the total amount of income received by the guilty for a period of up to two years.
- Forced labor for the same period that may be associated with imprisonment for a period of up to 12 months.
- Imprisonment of up to 2 years with a possible payment of a fine of up to 80 thousand rubles up to the amount of total income for a period of up to 6 months. Moreover, it is possible to apply restrictions on freedom for up to 1 year.
For each individual case, the punishment is selected individually, taking into account all the circumstances of the case. For example, a citizen decided to visit a catering establishment, made an order for a fairly substantial amount, and then tried to leave without paying. In this case, he did not steal anything, but prevented the organization from receiving the remuneration due to it for the work done. Article 165 of the Criminal Code of the Russian Federation in part 1 is applicable here, and the punishment will depend on the size of the damage caused.
Additional circumstances
In practice, there are frequent cases when the perpetrators commit their acts not alone.
165 article of the Criminal Code will be applicable for such a situation if:
- Property damage was caused by several persons, between whom there was a preliminary agreement, or it was a well-organized group.
- The amount of damage is regarded as particularly large.
For such circumstances, this article provides for part 2. It clearly indicates the fact that at the time of the unlawful actions each member of the group understood all the possible consequences, that is, there was direct intent. In addition, the perpetrators pursued selfish goals and achieved them illegally. They understood that they were abusing the trust of the owner and a pre-planned fraud would sooner or later lead to property damage, but continued to mislead him for personal gain. This is the subjective side of the matter. True, some sometimes confuse her symptoms with theft.
Expected Consequences
In accordance with the Criminal Code, article 165 of the Russian Federation in part 2 enables the court to sentence a group of guilty persons in the form of:
- Forced labor for a period of up to 5 years, which may be accompanied by imprisonment for up to 2 years.
- Imprisonment for up to five years and a possible fine in the amount of 80 thousand rubles to the full amount of income for a period of up to 6 months.
- Restrictions on freedom for up to 2 years.
Each participant in a criminal conspiracy is sentenced by the court in accordance with his share in this crime.
The amount of damage caused is also taken into account. Indeed, for some individuals, an insignificant amount may turn out to be significant even at first glance. For example, if a legal entity is currently in a difficult financial situation, then even a small damage caused by the actions of a criminal group can have the most serious consequences for it, up to complete bankruptcy. This circumstance is also necessarily taken into account by the court.