Uk rf chapter 21 article. The Criminal Code of the Russian Federation. Theft of items of special value

The legislator classifies all criminal acts into different groups to make it easier to choose a punishment. One of the classifications divides violations of the law according to the object of encroachment - crimes against the person, against sexual inviolability, public safety, against property, etc. Most often found in modern world crimes against property, they are given in the Criminal Code whole section... Chapter 21 of the Criminal Code of the Russian Federation describes crimes against property as different wrongful acts, provides for an equivalent sanction for each of them.

As soon as private property appeared in society, it became necessary to protect it. Property in the Russian Federation can be private, state, municipal property, as well as property of public organizations and even foreign states, international legal entities and citizens. According to legislative regulations other forms of property can also be established, and the state undertakes to protect not only the stability of relations in the sphere of property, but also to ensure the conditions for their successful development, to observe the principle of equal protection of all types of property. Crimes against property of the Criminal Code of the Russian Federation are defined in Articles 158-168.

In the Criminal Code of the Russian Federation, a crime against propertyis described as a deliberate or negligent act or omission, which was aimed at taking possession of someone else's property in any of its forms.

In this case, it does not matter whether the actions of the violator cause damage directly to the owner of the property or to another person who uses the property on legal rights... In any case, the attacker will be held accountable.

Like any violation of the law, the criminal encroachment on property has its own qualifying composition. An encroachment is understood as the desire of a person to physically take possession of a specific object that has a certain value. The object of a criminal act is property of any form. The legislator describes the objective side as any action aimed at obtaining the right to use someone else's property. The objective side can also include criminal inaction aimed at failure to fulfill any obligations, as a result of which the property right was violated. A typical example actions like objective side, there will be a car theft, and inactivity - a sleeping guard, in whose shift there were stolen products from the warehouse.

If there isproperty crime, criminal lawalso distinguishes the subject of the offense. They can be mentally healthy person starting at the age of 16. Some articles provide for liability for infringement from the age of 14. The decrease in the age of criminal responsibility is due to the fact that it is minors who most often carry out thefts, embezzlement and other violations of the law related to private property.

The subjective side is expressed in the direct or indirect intent to take possession of someone else's property. Any movable or real estate that has a certain value. Sometimes property is understood as the acquisition of the right to use the object. Movable property can be the subject of encroachment during theft, robbery and robbery.

Real estate includes:

• land;
• at home;
• apartments and other objects that can become the subject of encroachment in case of fraud, theft with abuse of trust, as well as extortion and damage.

A crime is considered completed at the moment of the occurrence of unfavorable consequences - material damage the owner or user of the property.

Types of property crimes

In order to bring a person to justice, it is necessary to give a correct legal assessment of his actions. With the development of the state and the public, the development of the spheres of criminal encroachment also takes place. To date, 21 chapters of the Criminal Code provide for the following types of encroachment on property:

1. Theft of someone else's property by theft, fraud, embezzlement or embezzlement, robbery, robbery, as well as theft of items that are of particular value.
2. Damage to property, not related to the abduction. This group of violations includes extortion, damage caused by deception and abuse of trust, seizure vehicle without intent to steal.
3. Destruction or damage to property through negligence or deliberately.

Each offense has its own characteristics and, of course, entails a certain sanction.

Theft

Theft, robbery and robbery are united by the desire of the criminal to take possession of someone else's property. Although each of the crimes is different in the way it is carried out. For example, theft is the secret theft of someone else's property. Regulates liability for theft of Art. 158. The objective side of theft is the desire of the criminal to avoid any contact with the owner or other people capable of interfering with his criminal goals.

Theft has aggravating circumstances if it is committed by a group of persons, carried out from carry-on luggage or a pocket, as well as with penetration into someone else's home. Thefts, which were committed with the delivery of large damage to the owner, are classified separately. An example of theft can be the banal pulling of a wallet from a bag in a minibus or robbery of an apartment.

Robbery

Robbery is regulated by Art. 161 of the Criminal Code of the Russian Federation. This crime is an open theft of someone else's property. An example of a robbery would be snatching a woman's bag in the street for everyone to see. This crime is punished more severely, since it is characterized by a greater danger to society. The offender ignored any prohibitions and openly committed a criminal act.

Robbery is considered final at the moment of taking possession of someone else's property and the ability to use it for their own purposes. If the attacker tried to snatch the bag, but he was prevented or managed to snatch the bag, but they caught up with him and took away his carry-on luggage, then this is consideredassassination attemptto rob.

Robbery

Robbery is the most dangerous form of theft, it involves an attack on a person using physical strength to take possession of other people's property. If we stipulate the same case with the bag, it can be noted that the robbery will begin if the attacker applies force to the victim. If a woman does not give the bag and tries to snatch it out of the hands of the criminal, and he hits her on the head, as a result of which she will fall, this is robbery.

The threat of using violence is also considered robbery, if in a dark alley an attacker stops a woman and tells her to give her a bag, otherwise he will stab her, then this is also robbery, even if the woman voluntarily surrenders her property.

Fraud

Fraud in the Criminal Code is reserved for separate characteristic... Regulates encroachment on private property article of the Criminal Code of the Russian Federation 159. The object of fraud is the right of ownership, and the main sign of this violation is the voluntary transfer of the victim's property or the right to it to the attacker.

The offender realizes his illegal goals by deceiving, breach of trust or other type of influence. In the Criminal Code, this type of crime implies deliberate concealment, distortion of the truth or the communication of knowingly false information in order to seize property that is in the ownership or possession of the victim.

Responsibility for the crime

Each criminal act must be punished, the offender should be held liable only if his guilt is fully proven, and the judge can impose a sanction only for those actions that he committed. Crimes against property differ not only in their characteristics and corpus delicti, but also in the sanctions provided for the actions committed.

In some cases, the legislator is even exempted from liability for a crime. This occurs when minors commit theft for the first time, educational measures of influence will be applied to them, and the parents will compensate for the damage to the victim.

The Penal Code describes the types of punishment:

1. For secret theft the legislator determines the punishment in the form of a fine of up to 80 thousand rubles, if the crime is committed under aggravating circumstances, the fine will be increased to 200,000 rubles. The legislator also provides for a sanction for this violation in the form of forced labor for up to 2 years, arrest for 4 months or correctional labor for up to 1 year.
2. For a qualifying crime the punishment is more severe, restriction of liberty is provided for up to 2 years, imprisonment for up to 5 years, correctional labor for up to 2 years, as well as compulsory work up to 80 hours. If it comes about theft from an oil pipeline or gas pipeline, the punishment will be determined in accordance with part 3 of Art. 158.
3. For fraud the state provides for a sanction in the form of a fine of up to 120 thousand rubles, compulsory work up to 360 hours, as well as arrest for 4 months and imprisonment for up to 2 years. In the case of fraud by a group of persons, the punishment will be in the form of a fine of up to 300 thousand rubles, forced labor for up to 5 years, restriction of liberty for up to 1 year, and imprisonment for up to 5 years.
4. Article for robbery contains a sanction in the form of restriction or imprisonment, forced labor up to 4 years, as well as compulsory labor up to 480 hours or arrest up to 6 months. For a crime under aggravating circumstances, the punishment will be increased. Imprisonment for up to 7 years is provided.
5. Punishment for robbery regulated by Art. 162, and it depends on the circumstances of the crime. The most severe of the sanctions involves imprisonment from 8 to 15 years with a fine of 1 million rubles.

When passing a sentence, a judge will be guided not only by the committed illegal actions, but also by the personality of the offender, the presence of minor children, serious illnesses, as well as remorse and others. extenuating circumstances... Sometimes for crimes against property, the offender can "pay" with a suspended sentence. It is important to note that every person who has set foot on the path of criminal activity can stop at any of the stages of the crime. If you voluntarily refuse to violate the law, then you can completely avoid responsibility.

Concept and types of crimes against property

Cases of crimes against property occupy a special place among the criminal cases considered by the courts.

Encroachment on someone else's property due to its prevalence is associated with criminal liability, which has always been provided for by the criminal legislation of the Russian Federation. The current Criminal Code (Chapter 21 "Crimes against property") contains 11 articles providing for liability for encroachment on someone else's property in the form of theft (Article 158), fraud (Article 159), misappropriation or embezzlement (Article 160), robbery (Art. 161), robbery (Art. 162), extortion (Art. 163), theft of items of particular value (Art. 164), causing property damage by deception or abuse of trust (Art. 165), unlawful seizure of a car or other means of transport without the purpose of theft (Article 166), deliberate destruction or damage to property (Article 167), destruction or damage to property through negligence (Article 168).

The basis legislative regulation criminal defense property is the Constitution of the Russian Federation.

Crimes against property are criminal acts that infringe on property relations and cause damage to the owner.

Violations of property relations, which form the basis of the economy, recognized as crimes, pose a significant danger to society.

The generic object of crimes against property is property relations expressed in owned by the owner the right to own, use and dispose of their property (part 1 of article 209 of the Civil Code).

The direct object of crimes against property is a specific form of ownership.

The concept of theft and its types

Most of the crimes included in the section of the Criminal Code under consideration are associated with the concept of "theft", which is specified in the notes to Art. 158 of the Criminal Code ("Theft"). The legislator retained the concept of embezzlement as unlawful gratuitous seizure and (or) circulation of someone else's property in favor of the culprit or other persons, which caused damage to the owner or other owner of this property.

In the above-mentioned compositions, we are talking about thefts, committed in various ways:

• theft is a secret theft of someone else's property;
• fraud is defined as the theft of someone else's property or the acquisition of rights to someone else’s property through deception or abuse of trust;
• appropriation or embezzlement - theft of someone else's property entrusted to the culprit;
• robbery - open theft of someone else's property;
• robbery - an attack in order to steal someone else's property, committed with the use of violence dangerous to life or health, or with the threat of such violence.

A characteristic feature of the rule providing for liability for theft of items of particular value is that it provides for liability for theft committed by any means. The main point is the special value (historical, scientific, artistic, cultural) of the stolen. Does not meet all the characteristics of the concept of theft, but extortion adjoins them - the requirement to transfer someone else's property or the right to property or to perform other actions property nature under the threat of the use of violence or the destruction or damage of someone else's property, as well as under the threat of dissemination of information shaming the victim or his relatives, or other information that may cause significant harm to the rights or legitimate interests of the victim or his relatives.

Based on the provisions of Art. 8 of the Constitution of the Russian Federation that in Russian Federation all forms of ownership are recognized and protected equally, the current Criminal Code does not provide for separate liability for theft of state, personal property or property of another form of ownership. Any property is covered by the concept of "someone else's", which really provides the possibility of equal protection by criminal law means of property of all forms of ownership.

A positive feature of the 1996 Criminal Code is the unification of qualifying signs of theft. The presence of qualifying signs indicates an increased degree public danger crimes. Therefore, for theft by a group of persons by prior conspiracy, with illegal entry into a room or other storage facility, with causing significant damage to a citizen, there are stricter sanctions of the relevant articles than for crimes without such signs. An even greater degree of public danger is characterized by thefts committed:

• with illegal entry into the home;
• on a large or especially large scale;
• organized group.

For the commission of such crimes, even stricter sanctions have been established.

The subject of theft is property, and the object is property relations, i.e. public relations in the sphere of distribution of material goods for collective or individual use.

The subject of theft is always material, i.e. must have material attributes. It can include any things created by man and possessing material or spiritual value, money, securities with face value, documents that serve as equivalents of money. Documents of a non-property nature, as well as of no value, but only granting the right to receive property (baggage receipts, invoices, etc.) cannot be the subject of this crime, and their theft in order to be used to obtain property is a preparation for committing fraud.

Objects cannot be recognized as the subject of theft intellectual property as well as electrical or thermal energy.

When making a legal assessment of theft, it should be borne in mind that only someone else's property can be its subject.

The content of the concept of "alien" was disclosed in the Resolution of the Plenum The Supreme Court RF of April 25, 1995 "On some issues of the application of criminal legislation on liability for crimes against property", which explains that "the subject of embezzlement and other crimes, liability for which is provided for by the norms of Chapter 5 of the RSFSR Criminal Code, is someone else's, that is . not owned or legally owned by the perpetrator, property. "

Both movable and immovable property, as well as property seized from civil turnover... In the event of theft of property that could pose a danger to society or human health ( radioactive substances, weapons, drugs, etc.), the deed is qualified according to the relevant articles of Ch. 24 of the Criminal Code ("Crimes against public security").

The main element of theft is the seizure of property from the owner or other owner. In the case when the perpetrator already owns someone else's property due to the fact that it is entrusted to him, the stage of transition from legal ownership to illegal ownership can be characterized as formal seizure. Whoever stole property does not acquire legal law ownership of it, although it owns, uses and disposes of it as its own. The owner does not lose ownership of the property stolen from him.

Among the mandatory signs of theft is its gratuitousness. It is the gratuitousness of the seizure of someone else's property that entails causing damage to the owner or other owner of the property. The seizure of someone else's property, which is not associated with causing damage to the owner or other owner of this property, is not theft, i.e. the person who made the seizure, in return, pays for it in full or provides other equivalent compensation.

In case of theft, the property turns to the guilty in their own favor or in favor of other persons. The one who stole property, although he does not legally become its owner, actually owns, uses and disposes of it as his own. In this regard, the temporary selfish use of someone else's property should be distinguished from theft, in which the perpetrator owns and uses someone else's property, but does not dispose of it. Such actions, in the presence of certain signs, may qualify under Art. 165 ("Causing property damage by deception or abuse of trust"), Art. 166 of the Criminal Code ("Unlawful seizure of a car or other means of transport without the purpose of theft").

Theft is considered completed if the property is seized and the perpetrator has a real opportunity to dispose of it at his own discretion or use it. The exception is robbery, which is considered completed from the moment of the attack in order to steal someone else's property, in the presence of the signs specified in the disposition of Art. 162 of the Criminal Code. In order for the theft to be considered completed, it is not required that the guilty person actually use the thing, derive any benefit from it. What matters only is that, having actually taken possession of the thing, he received such an opportunity. If the guilty person, having committed certain actions, did not have time to take possession of the thing or, having taken possession, did not have the opportunity to dispose of it as his own due to circumstances beyond his control, the deed is qualified as an attempted theft.

When assessing the signs of the objective side of the theft, it is taken into account that one of them is the infliction of damage by the crime to the owner or other owner of the property.

Such a criterion as "the minimum amount of stolen goods" during the forcible seizure of property does not exclude criminal liability. In other cases, for petty theft of someone else's property by theft, fraud, misappropriation or embezzlement, in the absence of signs of crimes under Part 2, 3 and 4 of Art. 158, h. 2, 3 and 4 of Art. 159 and h. 2, 3 and 4 of Art. 160 of the Criminal Code (as amended by Federal law dated December 8, 2003 N 162-FZ), established administrative responsibility under Art. 7.27 of the Administrative Code. Theft of someone else's property is considered petty if the value of the stolen property does not exceed one minimum size wages established by the legislation of the Russian Federation.

T. was found guilty of that together with M. in order to get alcohol he came to the victim's house. Since the owner of the house was absent, T. entered the house through the window and stole a bottle of vodka worth 38 rubles. Noticing the arrival of the owner of the house G., T. ran out with the abducted. Running away from G., T. threw away the bottle.

The court qualified T.'s actions under clause "c" part 2 of Art. 161 of the Criminal Code.

The Presidium of the Supreme Court of the Russian Federation overturned the verdict, dismissed the case against T. for lack of corpus delicti, indicating the following.

Within the meaning of the law, open theft of someone else's property, provided for in Art. 161 of the Criminal Code, is an abduction that is committed in the presence of the victim, persons in charge or under whose protection the property is, or in full view of strangers.

From the testimony of witness M. it is clear that he and T. went to G., who, according to T., owed him money. Since G. was not at home, T. climbed through the window into the house. When T. was in the house, G. came there. After that, T. ran out of the house, and G. rushed to catch up with him.

Under such circumstances, when M. did not actually understand the nature of the actions committed by T., it cannot be considered that the latter had committed an open theft of vodka.

Moreover, according to administrative legislation, acting at the time of the crime, for petty theft of someone else's property, committed by theft, fraud, embezzlement or embezzlement, if the value of the stolen property did not exceed one minimum wage, which was 83 rubles. 49 kopecks, administrative liability was envisaged.

Property damage caused to the owner or other owner of the property must be located in causation with the actions of the person who committed the theft.

To resolve the issue of the presence or absence of elements of the theft, the opinion of the owner of the stolen property about whether he has suffered damage and whether the perpetrator should be prosecuted does not matter. "Cases of crimes against someone else's, including state property, are cases of public prosecution and do not require the consent of the owner or legal owner of the property, which has become the subject of criminal encroachment," April 1995 N 5 "On some issues of the application by courts of legislation on liability for crimes against property."

The subject of the theft is a sane individual... Responsibility under Art. Art. 158, 161, 162, as well as under Art. Art. 163, 166 and part 2 of Art. 167 of the Criminal Code, comes from the age of 14, according to Art. Art. 159, 160 and for other crimes against property - from the age of 16.

When assessing the subjective side of a crime, it is important to take into account that any theft presupposes that the guilty person has a direct intent aimed at the criminal seizure of someone else's property in order to turn it in his favor or transfer it to other persons for a mercenary purpose, i.e. selfish motive. The kidnapper is always aware not only of the social danger of his actions, but also of the fact that the property is someone else's. He foresees the obligatory occurrence of property damage for the owner or other owner of the property and wants this.

The criminal acts in question are often committed in a group, which complicates their qualification. Selfish motives that determine the direction of the intent of a particular person to steal may not apply to accomplices - they may have other motives. However, the accomplices in any case must be aware of the nature of the crime committed by the perpetrator. "When qualifying the actions of the perpetrators as theft of someone else's property by a group of persons by prior conspiracy, the court should find out whether there was such a conspiracy of accomplices before the commencement of actions directly aimed at stealing someone else's property, whether an agreement was reached on the distribution of roles in order to carry out criminal intent, and what specific actions were committed by each perpetrator and other accomplices in the crime. committed crime and other accomplices ... "(Clause 9 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 27, 2002 N 29" On jurisprudence in cases of theft, robbery and robbery ").

The Presidium of the Supreme Court of the Russian Federation, having reasonably recognized in the actions of Z. the excess of the performer, reclassified what he had done from clauses "a", "c", "d" part 2 of Art. 162 of the Criminal Code on clauses "a", "c" part 2 of Art. 161 of the Criminal Code (as amended in 1996) and indicated the following. According to Part 2 of Art. 35 of the Criminal Code, a crime is recognized as committed by a group of persons in a preliminary conspiracy, if persons who have previously agreed on the joint commission of a crime participated in it. It has been established that Z. and the person who fled from the investigating authorities actually had a conspiracy to take possession of the victim's money. However, the court did not provide any evidence that they agreed to use violence dangerous to life or health against the victim, or the threat of such violence. The court also failed to establish that Z. knew about the presence of a stick in the possession of the person who had escaped from the investigating authorities, which would be used in the attack on the victim. The convict himself did not use violence dangerous to life or health against the victim. Thus, bodily harm, dangerous to life and health, with the use of a stick to the victim was caused by a person who fled from the investigation, without agreement with Z ..

It is inadmissible to recognize a person guilty of embezzlement if he seized someone else's property not for selfish motives, but out of other personal interest or falsely understood official interests, as well as for temporary use with its subsequent return. In this regard, the Plenum of the Supreme Court of the Russian Federation, in a Resolution of December 27, 2002, explained that they do not constitute a theft or robbery. illegal actions aimed at taking possession of someone else's property not for selfish purposes, but, for example, for temporary use with subsequent return to the owner or in connection with the alleged right to this property. Depending on the circumstances of the case, such actions, if there are grounds for that, are subject to qualification under Art. 330 of the Criminal Code or other articles of the Criminal Code.

In case of theft, along with mercenary motives, accompanying motives (hooliganism, revenge, etc.) are possible. However, the presence of any of these accompanying motives in the absence of a selfish motive excludes the qualification of the deed as theft.

Theft

From those presented in Ch. 21 of the Criminal Code of the types of criminal encroachments on someone else's property, theft is the most common, and therefore the assessment of this act deserves special attention.

The law defines theft as secret theft of someone else's property, i.e. it differs from other forms of theft by the secret method of confiscating property. As a rule, theft is committed in the absence of the owner or the person in charge of the property, unnoticed by outsiders (for example, burglary or theft associated with illegal entry into the premises or other storage facility). Theft can be committed in the presence of the owner, if he does not notice the actions of the criminal, such as pickpocketing.

From the objective point of view, theft is characterized by illegal, secret seizure of property from legal possession (more often from the owner) in the absence of people or in the presence of a person who does not perceive what is happening: from a sleeping person, drunk, fainting, or even seizure of property in front of a person who is unable to assess the criminal nature of the actions of the perpetrator due to minority or mental illness.

The actions of the perpetrator should be qualified as theft when, seizing someone else's property in the presence of unauthorized persons, he takes advantage of the fact that those present do not realize the illegality of his actions, since they do not know who owns the property, or there are other misleading circumstances.

If the person present at the illegal seizure of someone else's property is not aware of the unlawfulness of these actions or is a close relative of the perpetrator, who therefore expects that during the seizure of property he will not meet opposition from the specified person, the deed should be qualified as theft of someone else's property ( p. 4 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 27, 2002 N 29 "On judicial practice in cases of theft, robbery and robbery").

The theft is considered completed from the moment when the property is seized and the perpetrator gets a real opportunity to use it or dispose of the stolen property at his own discretion (for example, to turn the stolen property in his favor or to the benefit of other persons, to dispose of it with a mercenary purpose in a different way).

The subject of theft can only be a person who does not have the authority of the owner or other owner of the stolen property. Secret seizure of entrusted property should be classified as appropriation (Article 160 of the CC).

It should be emphasized once again that subjective side theft is expressed in direct intent.

According to Part 2 of Art. 158 of the Criminal Code qualifying signs of theft is the commission of theft:

• with illegal entry into the premises or other storage;
• causing significant damage to a citizen;
• from clothes, bags or other carry-on luggage, which were with the victim.

As indicated above, one of the qualifying signs of theft is its commission by a group of persons by prior conspiracy (clause "a", part 2 of article 158 of the Criminal Code). In accordance with Part 1 of Art. 35 of the Criminal Code "a crime is recognized as committed by a group of persons if two or more perpetrators jointly participated in its commission without prior conspiracy." In accordance with Part 2 of Art. 35 of the Criminal Code, a crime (including theft) is recognized as committed by a group of persons by prior conspiracy, if persons who have previously agreed on the joint commission of a crime participated in it. In this case, the "conspiracy" to commit a crime must take place before it is committed. The time elapsed from the moment of conspiracy to the commission of the crime does not matter.

It follows from the meaning of the law that if the theft was committed by a group of persons by prior conspiracy, then all of them are co-perpetrators, since each of them participates in the commission of actions directly included in the objective side of the crime. Co-execution does not exclude the distribution of roles between the participants in the theft.

Each of the co-executors is responsible for the theft in in full stolen, regardless of the size of the share he received.

Committing theft by a group of persons by prior conspiracy does not exclude the presence of accomplices (organizers, instigators, accomplices) who were not directly involved in the implementation of the objective side of the crime. In these cases, by virtue of Part 3 of Art. 34 of the Criminal Code, the actions of the organizer, instigator or accomplice should be qualified under clause "a" of Part 2 of Art. 158 of the Criminal Code with reference to Art. 33 of the Criminal Code.

According to paragraph 10 of the above-mentioned Resolution of the Plenum of the Supreme Court of the Russian Federation of December 27, 2002 N 29, “criminal liability for theft, robbery or robbery committed by a group of persons in a preliminary conspiracy also occurs in cases where, according to a preliminary agreement between the accomplices, direct seizure property is carried out by one of them. took out the stolen, insured other accomplices against possible detection of the crime being committed), what they did is co-execution and, by virtue of part two of Article 34 of the Criminal Code of the Russian Federation, does not require additional qualifications under Article 33 of the Criminal Code.

The actions of a person who did not directly participate in the theft of someone else's property, but contributed to the commission of this crime with advice, instructions, or who promised in advance to hide the traces of the crime, sell the stolen, etc., should be qualified as complicity in what was done in the form of complicity with reference to the fifth part of Article 33 Of the RF Criminal Code ".

Article 158 of the Criminal Code (as amended by the Federal Law of December 8, 2003) does not provide for liability for theft committed by a group of persons, therefore, in the event of theft by theft by several persons without prior conspiracy, the actions of each of them, in the absence of other qualifying signs, should be qualified by h. 1 tbsp. 158 of the Criminal Code with reference to Part 1 of Art. 35 of the Criminal Code.

In the case of theft committed by a person under the age for criminal prosecution, or incapacitated due to his insanity, at the direction of the legal organizer, the latter according to Part 2 of Art. 33 of the Criminal Code carries criminal liability as the performer of the deed. If there are grounds for this provided by law, the actions of the said person must additionally qualify under Art. 150 of the Criminal Code (clause 13 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 27, 2002 N 29).

The second qualifying feature of Part 2 of Art. 158 of the Criminal Code - theft committed with illegal entry into the premises or other storage.

New edition Art. 158 of the Criminal Code, effective from December 11, 2003 in accordance with the Federal Law of December 8, 2003 "On Amendments and Additions to the Criminal Code of the Russian Federation" premises or other storage, and part 3 - responsibility for theft committed with illegal entry into the dwelling.

The most severe punishment for both part 2 and part 3 of the said article remained unchanged - up to five years in prison under part 2 and from two to six years in prison - under part 3. The additional punishment provided for in part 3 of this article, in connection with the legislator's refusal to determine the punishment based on the minimum amount wages have been significantly changed - imprisonment is imposed with a fine of up to 80 thousand rubles. or in size wages or other income of the convicted person for a period of up to six months or without it.

In judicial practice, the concept of "illegal entry into a dwelling" is often interpreted differently, which entails errors in the qualification of theft. The Plenum of the Supreme Court of the Russian Federation in the Resolution of December 27, 2002 N 29 "On judicial practice in cases of theft, robbery and robbery" explained that illegal entry into a home, premises or other storage facility should be understood as illegal secret or open intrusion into for the purpose of committing theft, robbery or robbery. Penetration into these structures or structures can also be carried out when the perpetrator retrieves the stolen items without entering the appropriate room.

When qualifying the actions of a person who committed theft, robbery or robbery, on the basis of "illegal entry into a dwelling", the courts should be guided by the footnote to Art. 139 of the Criminal Code, which explains the concept of "dwelling", and note 3 to art. 158 of the Criminal Code, which explains the concepts of "premises" and "storage".

Under "dwelling" means an individual residential building with residential and non-residential premises, dwelling, regardless of the form of ownership, included in housing stock and suitable for permanent or temporary residence, as well as other premises or structures not included in the housing stock, but intended for temporary residence.

In accordance with paragraph 3 of the note to art. 158 of the Criminal Code, the premises are understood as buildings and structures, regardless of the form of ownership, intended for the temporary location of people or accommodation material values for production or other business purposes.

Storage in the same paragraph of the note to Art. 158 of the Criminal Code refers to utility premises, isolated from residential buildings, areas of the territory, main pipelines, other structures, regardless of the form of ownership, which are equipped with a fence or technical means or provided with other protection and intended for permanent or temporary storage of material values.

Therefore, unenclosed or unguarded sites used for storage of material values, cabins, interiors of cars located on unguarded platforms do not correspond to the concept of "storage", since they do not create barriers to free access to the property located there.

If a person was in a dwelling, room or other storage facility lawfully, without a criminal intent, but then committed theft, robbery or robbery, this sign is absent in his actions.

This qualifying feature is also absent in cases where a person has ended up in a dwelling, room or other storage facility with the consent of the victim or persons under whose protection the property was, due to family relations, acquaintance, or was in the trading floor of the store, in the office and other premises open for visiting by citizens.

If a person is found guilty of committing theft of someone else's property by illegal entry into the home of additional qualifications under Art. 139 of the Criminal Code, which provides for liability for violation of the inviolability of the home, is not required, since such illegal act is a qualifying sign of theft. Also, the actions of the perpetrator do not require additional qualifications under Art. 167 of the Criminal Code, if, illegally entering a home for the purpose of committing theft, a person breaks open locks, doors, bars, etc. At the same time, if in the process of committing theft a person deliberately destroyed or damaged the property committed, if there are grounds for that, it is necessary to additionally qualify under Art. 167 of the Criminal Code.

For cases of crimes against property, it is typical to inflict material damage on the victim - an individual or a legal entity. The next qualifying feature of the theft is the infliction of significant damage to a citizen (clause "c" part 2 of article 158 of the Criminal Code). When qualifying the actions of a person who committed theft on the basis of causing significant damage to a citizen, one should take into account the property status of the victim, the cost of the stolen property and its significance for the victim, the amount of wages, pension, the victim has dependents, the total income of family members with whom he has a joint economy, etc.

The cassation instance changed the verdict against U. and reclassified the actions of the convicted person from clause "c" part 2 of Art. 158 of the Criminal Code on Part 1 of Art. 158 of the Criminal Code, since the court did not reason in the verdict, as required by law, why the damage caused to the victim was recognized as significant.

The qualifying feature of theft, provided for in clause "c" part 2 of Art. 158 of the Criminal Code, can be incriminated to the perpetrator only if, as a result of the crime committed, the victim has actually suffered significant material damage to him. At the same time, as indicated in note 2 to Art. 158 of the Criminal Code, significant damage cannot be less than 2,500 rubles.

Here it is necessary to clarify that the cost of property for the qualification of a crime is taken into account on the day of its commission, and when determining the amount of material damage resulting from a criminal encroachment - on the day of making a decision on compensation for harm with its subsequent indexation at the time of execution of the sentence in the manner prescribed by Art. ... 399 of the Criminal Procedure Code.

Given the prevalence of so-called pickpocketing, the legislator has allocated responsibility for the theft of property that was with the victim (from his clothes, bag or other carry-on luggage), regardless of the value of the stolen property, into an independent qualifying feature provided for in paragraph "d" of Part 2 of Art. ... 158 of the Criminal Code.

Responsibility for theft committed with illegal entry into a home or on a large scale is provided for in Part 3 of Art. 158 of the Criminal Code. The characteristics of a theft committed with illegal entry into a dwelling were discussed above when analyzing a theft committed with illegal entry into a building or other storage facility.

Theft is considered to be committed on a large scale (part 3 of article 158 of the Criminal Code) if the value of the stolen property exceeds 250 thousand rubles. (note 4 to article 158 of the Criminal Code).

From the clarification on this issue, contained in paragraph 25 of the above-mentioned Resolution of the Plenum of the Supreme Court of the Russian Federation of December 27, 2002 N 29, it follows that “the commission of several thefts of someone else’s property should be qualified as large-scale theft, the total value of which corresponds to that established by law large size, if they are committed in one way and under circumstances indicating intent to commit theft on a large scale.

When determining the size of the stolen property, it is necessary to proceed from its actual value at the time of the crime. In the absence of information about the price of the stolen property, the value of the stolen property may be established on the basis of the expert's opinion. "

When the courts of this category of cases are considered, most often one has to deal with market prices. In such cases, the value of the thing is established by the court on the basis of evidence testifying to the expenses actually incurred for the acquisition or production of property, the degree of its wear and tear by the time of theft.

Qualifying signs of theft specified in Part 4 of Art. 158 of the Criminal Code, characterize their increased social danger. The first of the two named in Part 4 of the signs indicates the commission of theft by an organized group.

An organized group (clause "a", part 4 of article 158 of the Criminal Code) can be said if a stable group of persons who have united in advance to commit one or more crimes (part 3 of article 35 of the Criminal Code) participated in the theft.

The Plenum of the Supreme Court of the Russian Federation in Resolution No. 29 of December 27, 2002, clarified that “unlike a group of persons who had previously agreed on the joint commission of a crime, an organized group is characterized, in particular, by stability, by the presence of an organizer (leader) in its composition and in advance the developed plan of joint criminal activity, the distribution of functions between the members of the group in preparation for the commission of a crime and the implementation of criminal intent.

The stability of an organized group can be evidenced not only by the long period of time of its existence, the repeated commission of crimes by the members of the group, but also by their technical equipment, the duration of the preparation of even one crime, as well as other circumstances (for example, special training members of an organized group to enter the vault to seize money (currency) or other material values).

When these crimes are recognized as committed by an organized group, the actions of all accomplices, regardless of their role in the act, are subject to qualification as co-execution without reference to Article 33 of the Criminal Code of the Russian Federation.

If a person instigated another person or group of persons to create an organized group to commit specific crimes, but did not directly participate in the selection of its members, planning and preparation for committing crimes (crimes) or in their implementation, his actions should be qualified as complicity in the commission of an organized a group of crimes with reference to part four of Article 33 of the Criminal Code of the Russian Federation ".

Federal Law of December 8, 2003 N 162-FZ "On Amendments and Additions to the Criminal Code of the Russian Federation" establishes liability for theft committed on an especially large scale. Responsibility for this crime is provided for in paragraph "b" of Part 4 of Art. 158 of the Criminal Code. An especially large size is defined by note 4 to art. 158 of the Criminal Code and amounts to more than 1 million rubles.

These are the features legal assessment composition of theft.

Fraud

The next corpus delicti after theft in Ch. 21 of the Criminal Code indicates fraud. The legislator defines fraud as theft of someone else's property through deception or abuse of trust.

All signs of theft are inherent in fraud as a form of theft.

The subject of fraud can be not only property, but also the right to it, which actually provides in the future the possibility of the actual acquisition, use and disposal of this property.

The way to take possession of someone else's property by fraud is to deceive the owner or other owner of the property. The perpetrator misleads the victim by distorting the facts or keeping silent about the circumstances known to him. As a result of deception, the victim himself transfers the property to the offender. The voluntariness of the transfer of property is imaginary, since it is due to deception. The way of taking possession of property in case of fraud can be an abuse of trust in any form.

Any form of deception and abuse of trust is associated with the fact that the perpetrator, by means of assurances or omissions, creates in the victim confidence in the legality or profitability of the transfer of property or the right to it.

V recent times different from traditional types of fraud with the use of computers, counterfeit credit cards and bank memos, associated with the creation of so-called financial pyramids, fictitious investment funds, etc. have appeared.

It should be borne in mind that deception in any form used to obtain a bank loan can be classified as fraud only if it is established in the case that the fraudulent seizure of funds was committed in order to turn them into the ownership of the guilty person or other persons, i.e. ... when all the signs of theft are present.

Fraud can only be committed with direct intent. An obligatory sign of the subjective side is a selfish goal.

Responsibility for fraud committed by a group of persons by prior conspiracy, as well as causing significant damage to a citizen, is provided for in Part 2 of Art. 159 of the Criminal Code. These qualifying signs of fraud were considered in the analysis of theft by theft.

A qualifying sign of fraud, in the presence of which liability arises under Part 3 of Art. 159 of the Criminal Code, is the commission of this crime by a person using his official position or on a large scale. A specific feature of the first feature is that the legislator does not associate it only with the concept of "official", that is, the person guilty of fraud does not have to be an official, but he always commits this crime using his official position.

Appropriation or embezzlement of someone else's property

The next corpus delicti - misappropriation or embezzlement - are independent, albeit very similar in content, forms of theft, responsibility for which is provided for in Art. 160 of the Criminal Code.

Unlawful retention (non-return) of someone else's property entrusted to the guilty party in order to turn it in their favor should be considered as appropriation.

Embezzlement is the alienation by guilty in any form to third parties or the consumption of other people's property entrusted to him.

The property may be entrusted to the guilty person in connection with his work (for storage, transportation, temporary use, etc.) or by virtue of his official position, when he is entitled to dispose of other people's property entrusted to him or under his jurisdiction.

Here we are talking about the lawful ownership of property. The transition from legal possession of someone else's property to illegal possession in the presence of other objective and subjective signs of theft is determined by the moment the crime was committed.

Describing the difference between appropriation (embezzlement) and theft, the Plenum of the Supreme Court of the USSR in Resolution No. 4 of July 11, 1972 "On judicial practice in cases of embezzlement of state and public property" of public property must qualify for illegal gratuitous treatment of one's own property or into the property of another person of property in the lawful possession of the guilty party, which, by virtue of job duties, contractual relations or special assignment exercised powers for the disposal, management, delivery or storage in relation to this property (storekeeper, freight forwarder, procurement agent, seller, cashier and other persons).

Theft of state or public property, committed by a person who does not have the above powers, but who has access to it in connection with the assigned work or the performance of official duties, is subject to qualification as theft. "

Appropriation as a form of theft should be distinguished from the temporary borrowing of someone else's property by the person in whose jurisdiction it was. If the entrusted property is used illegally, but without the intention of turning it into your own property or into the property of third parties, the actions should not be considered as theft.

Judicial board on criminal cases of the Supreme Court of the Russian Federation overturned the verdict in terms of the conviction of O. and S. under paragraphs "a", "b", "c" part 2 of Art. 160 of the Criminal Code and the case terminated the proceedings, indicating in its determination that the evidence examined in court session, did not testify to the selfish motive of the acts committed by the convicts, and their arguments about the absence of such were not refuted by the court.

The actions of the perpetrator, if there are appropriate signs, can be qualified as arbitrariness under Art. 330 or (for an official) under Art. 285 of the Criminal Code.

The absence of selfish aspirations of the perpetrator may be evidenced by the intention to subsequently return the seized property or its equivalent.

The qualifiers of misappropriation or embezzlement are largely the same as the qualifiers of theft and fraud.

A feature of qualifications in in this case is that when this crime is committed by a group of persons by prior conspiracy, individual participants in the theft, who are neither officials nor the persons to whom the property was entrusted or transferred to the jurisdiction, are liable under Art. 160 of the Criminal Code with reference to Art. 33 of the Criminal Code.

Robbery

Robbery is no less common crime than theft (Article 161 of the Criminal Code), however, unlike theft, seizure of property occurs openly during robbery. The corpus delicti of robbery contains all the objective and subjective signs of theft, as it is one of its forms.

The Plenum of the Supreme Court of the Russian Federation in the Decree of December 27, 2002 N 29 "On judicial practice in cases of theft, robbery and robbery" explained that "open theft of someone else's property is such a mind of outsiders, when the person who commits this crime is aware that the persons present understand the unlawful nature of his actions, regardless of whether they took measures to suppress these actions or not. "

It should be borne in mind that the deed is classified as robbery and in cases where, in the course of the theft, the actions of the perpetrator are discovered by the owner or other persons, but the perpetrator, knowing this, continues to commit illegal seizure of property or its retention. The development of theft into robbery under the above circumstances is possible only with the complete seizure of the property and the ability to dispose of it, since from that moment the theft is considered completed.

If the perpetrator believes that he is committing theft in secret, does not see or does not realize that his actions are being watched, the crime is qualified as theft.

Robbery, like theft, is considered completed if the property is seized and the perpetrator has a real opportunity to use or dispose of it at his own discretion.

In cases where the illegal seizure of property was committed during hooliganism, rape or other criminal acts, it is necessary to establish for what purpose the person seized this property. If a person pursued a selfish goal, what he has done, depending on the method of taking possession of the property, must be qualified on the aggregate as a corresponding crime against property and hooliganism, rape or other crime.

Robbery is recognized as qualified (part 2 of article 161 of the Criminal Code) if it is committed:

• by a group of persons by prior agreement;
• with illegal entry into a dwelling, premises or other storage;
• with the use of violence that is not dangerous to life or health, or with the threat of such violence;
• on a large scale.

The skilled types of robbery are basically the same as for theft by theft.

At the same time, a specific qualifying feature for robbery is its commission with violence that is not dangerous to life or health, or with the threat of such violence (clause "d", part 2 of article 161 of the Criminal Code). When using or threatening to use violence, the object of the crime is not only property relations, but also the personality of the victim.

It should be borne in mind that violence that is not dangerous to life or health means beatings or the commission of other violent actions associated with inflicting physical pain on the victim or restricting his freedom (tying hands, using handcuffs, leaving in a closed room, etc.). ). The threat to use violence that is not dangerous to life or health should be viewed as a form of mental violence.

As robbery combined with violence, it is necessary to qualify actions in which, in order to steal property, a substance is introduced into the victim's body that does not pose a threat to life or health (paragraph 23 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 27, 2002 N 29).

Violence used by the perpetrator in order to avoid detention after the end of the theft does not indicate the development of theft into robbery.

The qualifying signs of robbery specified in Part 3 of Art. 161 of the Criminal Code are also similar to the qualifying signs of theft.

Robbery

Among the most dangerous violent forms of theft of someone else's property is robbery (Article 162 of the Criminal Code). This crime simultaneously infringes on property, as well as on the life and health of the victim. An encroachment on the identity of the victim should be viewed as a means of taking possession of property.

The objective side of robbery is expressed in an open or secret attack on the victim (an attack from an ambush, on a sleeping person, etc.), committed with the use of violence dangerous to life or health, or with the threat of such violence. At the same time, violence that is dangerous to life and health is considered as causing the health of the victim of serious harm, or harm moderate, or minor harm that caused a short-term health disorder or a slight permanent loss of general working capacity (paragraph 21 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 27, 2002 N 29).

Violence is recognized as such if it inflicted light harm on the victim without disruption of health or did not cause harm at all, but at the time of infliction created a real danger to the life or health of the victim. How robbery should be qualified and the introduction into the victim's body of potent, poisonous or intoxicating substances dangerous to life and health in order to bring the victim into a helpless state. The properties and nature of the action of the substances used in the commission of these crimes can, if necessary, be established with the help of a specialist or by expert means (see paragraph 23 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 27, 2002 N 29).

Within the meaning of the law, an agreement on the use of violence against a victim that is dangerous to life or health must take place before the crime is committed. Otherwise, a person should be held criminally responsible only for specific actions committed by him.

The Presidium of the Supreme Court of the Russian Federation changed the verdict regarding M.'s conviction for committing robbery by prior conspiracy by a group of persons and reclassified his actions to clauses "a", "c" part 2 of Art. 161 of the Criminal Code, indicating the following.

According to Part 2 of Art. 35 of the Criminal Code, a crime is recognized as committed by a group of persons in a preliminary conspiracy, if persons who have previously agreed on the joint commission of a crime participated in it.

From the materials of the case on which the verdict is based, and the testimony of A. and M., it can be seen that A. and M. did have a conspiracy to seize F.'s money.However, there is no evidence that they agreed to use dangerous violence against the victim for life or health, or about the threat of such violence, is not given in the verdict. They are not found in the testimonies of the convicts, to which the court referred.

M. himself did not use violence dangerous to life or health to the victim. The convict A.

Thus, only A., without an agreement (collusion) with M.

The threat of the immediate use of violence, dangerous to life or health, in order to take possession of someone else's property is a means of mental violence. It can be expressed in words, gestures, demonstration of weapons or other objects, the use of which may be dangerous to the life or health of the victim.

An attack in order to seize property, committed with the use of a threat that does not contain a real danger to the life and health of the victim, but mistakenly perceived by him as a real one, can be considered as robbery only if the actions of the perpetrator were deliberately calculated to perceive this threat as life-threatening and health.

At the same time, as explained by the Plenum of the Supreme Court of the Russian Federation in the Resolution of December 27, 2002 N 29 "On judicial practice in cases of theft, robbery and robbery" the nature, the issue of recognizing robbery or robbery in the actions of a person must be resolved taking into account all the circumstances of the case: the place and time of the crime, the number of attackers, the nature of the objects with which they threatened the victim, the subjective perception of the threat, the commission of any specific demonstrative actions that indicated the intention of the attackers to use physical violence, etc.

If, in the course of the theft of someone else's property, a violent restriction of freedom is applied to the victim, the issue of recognizing the person's actions as robbery or robbery should be decided taking into account the nature and degree of danger of these actions for life or health, as well as the consequences that have occurred or could have occurred (for example, leaving the tied victim in a cold room, depriving him of the opportunity to seek help).

Violence during robbery is a means of taking possession of property or a means of keeping it. The actions of the perpetrators, started as theft, with the subsequent use of violence dangerous to life or health, in order to seize property or to keep it immediately after seizure, should be qualified as robbery.

The robbery is recognized as completed from the moment of the attack for the purpose of taking possession of property, combined with violence dangerous to life or health, or with the threat of using such violence.

It is necessary to proceed from the fact that the subjective side of robbery is characterized by direct intent and selfish purpose. The perpetrator realizes that he is committing an attack, combined with violence dangerous to the life or health of the victim, and that this attack serves as a means for taking possession of someone else's property for his own benefit or for the benefit of others.

Most of the qualifying signs of robbery are the same as the qualifying signs of theft.

Specific for robbery are such signs as committing it with the use of weapons or objects used as weapons (part 2 of article 162 of the Criminal Code), causing serious harm to the victim's health (clause "c" of part 4 of article 162 of the Criminal Code) ...

Committing robbery with the use of weapons creates a real danger to the life or health of the victim and, in this regard, poses an increased public danger.

The use during robbery of all types of not only firearms and edged weapons, but also other "objects used as weapons", which can cause bodily harm to the victim, dangerous to life or health (pocket or kitchen knife, razor, crowbar, baton, ax , rocket launcher, etc.), as well as items intended for temporary destruction of the target (for example, mechanical sprays, aerosol and other devices equipped with tear and irritating substances), are qualified under Part 2 of Art. 162 of the Criminal Code.

However, it should be borne in mind that if, for the purpose of mental violence, the perpetrator threatens with a knowingly unsuitable weapon or imitation of a weapon (a dummy pistol, a toy dagger, etc.), without intending to use them to inflict bodily harm dangerous to the life or health of the victim, his actions (in the absence of other qualifying signs of robbery), taking into account the specific circumstances of the case, should be qualified as robbery, responsibility for which is provided for in Part 1 of Art. 162 of the Criminal Code, or as robbery, if the victim understood that he was being threatened with unusable or unloaded weapons or imitation of weapons (paragraph 23 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 27, 2002 N 29).

Theft committed with the use of dogs or other animals that pose a danger to human life and health, or with the threat of such violence, should be qualified, taking into account the specific circumstances of the case under Part 2 of Art. 162 of the Criminal Code.

For the qualification of actions in this part, it is necessary to establish not only that the perpetrator had a weapon or other items that could be used in this capacity, but also the fact that they were used during the attack. At the same time, if the use of weapons or items used as weapons was covered by the intent of the perpetrators who committed robbery by a group of persons by prior conspiracy, all participants in the crime are responsible for committing it with the use of weapons or items used as weapons, as co-perpetrators and in the case when weapons and other items were used by one of them (paragraph 14 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 27, 2002 N 29).

Under the use is understood not only a physical impact, but also an attempt to inflict damage with a weapon or the mentioned objects on the victim, as well as a demonstration of them to persons who have been attacked, or to third parties as the criminal's readiness to use them.

Robbery committed by a group of persons by prior conspiracy (part 2 of article 162 of the Criminal Code) provides for an agreement between all the participants before the crime is committed. At the same time, each participant in the attack is aware of the fact that the attack is carried out with the use of violence dangerous to the life or health of the victim, or with the threat of such violence. If there was an agreement between the accomplices to openly take possession of someone else's property with the use of violence that is not dangerous to life or health, or with the threat of such violence (part 2 of Art. 161 of the Criminal Code), but in the process of the attack, one of the accomplices went beyond the limits of what took place collusion, used violence dangerous to life or health, there is an excess of the performer. Their deeds should be qualified according to the relevant parts and clauses of Art. Art. 161 or 162 CC.

Part 3 of Art. 162 of the Criminal Code provides for liability for robbery committed with illegal entry into a dwelling, premises or other storage facility or on a large scale, and part 4 - for robbery committed:

• by an organized group;
• for the purpose of taking possession of property on an especially large scale;

The concepts of "dwelling, premises or other storage, illegal entry into them", "large and especially large size of theft", as well as "organized group" are given when analyzing the composition of theft.

Especially dangerous species robbery is a robbery associated with the infliction of grievous harm to the health of the victim (clause "c" part 4 of article 162 of the Criminal Code).

Signs of serious harm to health are contained in Art. 111 of the Criminal Code. Causing harm to health during robbery is fully covered by the corpus delicti of this crime, therefore, if during robbery serious harm is caused to the health of the victim, additional qualifications under Art. 111 of the Criminal Code is not required.

For the qualification of robbery under clause "c" part 4 of Art. 162 of the Criminal Code does not matter when serious harm to health is caused: at the time of taking possession of the property, when overcoming the resistance of the victim, or immediately after taking possession of the property in order to retain it.

Qualification under clause "c" part 4 of Art. 162 of the Criminal Code is possible only in case of deliberate infliction of grievous harm to the health of the victim.

In the event of the onset of the death of the victim by negligence from the grievous harm caused to his health in the process of robbery, the actions of the perpetrator should be classified according to the totality of crimes: according to clause "in" part 4 of Art. 162 and part 4 of Art. 111 of the Criminal Code.

Premeditated murder committed during robbery should be qualified under clause "z" of Part 2 of Art. 105 of the Criminal Code, as well as under clause "c" part 4 of Art. 162 of the Criminal Code (clause 22 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 27, 2002 N 29).

To distinguish robbery from robbery, it is necessary to recall once again that robbery is an attack in order to steal someone else's property, committed with the use of violence dangerous to life or health, or with the threat of such violence, and robbery is an open theft of someone else's property, which assumes the possibility of using violence that is not dangerous to the life or health of the victim.

The moments of the end of these crimes do not coincide either. The robbery is considered completed already from the moment of the attack, and for a completed robbery, it is necessary that the guilty, having taken possession of the property, had the opportunity to dispose of it at his own discretion.

Robbery should also be distinguished from extortion.

Extortion

Extortion as an encroachment on someone else's property on objective and subjective grounds differs little from violent forms of theft - robbery and robbery combined with violence.

The ransomware can infringe not only on property, but also on property rights (inheritance, housing, etc.). This serves as a way to take possession of other people's property.

Extortion uses the threat as a means of mental violence. The reality of the threat can be reinforced by the use of physical violence.

The objective side of extortion consists of two components - the presentation of property claims and the threat of inflicting undesirable consequences on the victim.

By a resolution of the Presidium of the Supreme Court of the Russian Federation, the verdict in terms of conviction of S. and O. for extortion was canceled, since the disclosure of information about a really committed crime makes it impossible to recognize this circumstance as significantly violating the rights or damaging the rights and legitimate interests of others.

The extortion threat serves as a means to the culprit's goal and must be real.

When distinguishing extortion from robbery and robbery, it should be borne in mind that if in robbery and robbery violence is a means of taking possession of property or keeping it, then in extortion it reinforces the threat. The seizure of property in case of robbery and robbery occurs simultaneously with the commission of violent actions or immediately after their commission, while in extortion the intention of the perpetrator is aimed at obtaining the required property in the future.

The Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation, leaving unchanged the verdict against K. and L., convicted under Part 2 of Art. 162 of the Criminal Code, indicated that violence in extortion is used only if the victim does not fulfill the requirements presented to him, and not immediately, as in the case of robbery, but in a more or less distant future. Extortion involves the transfer to the victim of his property to the perpetrator, while robbery is the direct seizure of the victim's property by the perpetrator with the help of violence.

If extortion is associated with the direct seizure of the victim's property, then in the presence of a real aggregate of crimes, these actions should be additionally qualified, depending on the nature of the violence used, as robbery or robbery.

The extortion is recognized as completed as soon as the perpetrator submits a demand for the transfer of someone else's property or the right to property or the commission of other property actions, even if it was not possible to obtain the property. Extortion assumes that the guilty person has direct intent and a selfish goal.

The supervisory authority changed the verdict against T. and Shch. And re-qualified their actions from paragraph "a" of Part 2 of Art. 163 of the Criminal Code on part 2 of Art. 330 of the Criminal Code on the following grounds. As established at the hearing, M. had repeatedly asked K. to return the gold chain to her, but he refused. Then she asked her friend Shch. To convince K. to return the chain to her.

While trying to force K. to return the chain to M., Shch. Punctured the wheels of K.'s car.

Thus, in the case it was indisputably established that Shch. Did not intend to turn the chain in his favor, but was going to give it to the rightful owner in the event of its return. As follows from the materials of the case, Shch. And T. did not pursue a selfish goal.

In case of extortion, the perpetrator realizes that he is making an illegal property claim, and uses the threat as a means of influencing the victim and thus wishes to achieve the transfer of someone else's property or the right to it. In this case, it does not matter whether the guilty party intends to carry out his threat if the victim refuses to fulfill his demand.

The Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation re-qualified the actions of V. and U. from clause "b" part 3 of Art. 163 of the Criminal Code on part 2 of Art. 330 of the Criminal Code. The Presidium of the Supreme Court of the Russian Federation agreed with the decision cassation instance and dismissed the protest of the prosecutor, pointing out that in order to qualify the actions of the perpetrator as extortion, it is necessary that the requirement presented to the owner or other legal owner of the property to transfer to him or the persons indicated by him certain property, the right to property or to commit in their favor some specific property actions were deliberately illegal. No such circumstances have been established in the case.

The qualifying features of extortion are largely the same as the qualifying features of theft and other forms of theft.

Part 2 of Art. 163 of the Criminal Code defines responsibility for extortion committed:

• by a group of persons by prior agreement;
• with the use of violence;
• on a large scale.

The qualifying feature of Part 3 of Art. 163 CC - extortion committed:

• by an organized group;
• in order to receive property on an especially large scale;
• with the infliction of grievous harm to the health of the victim.

The qualifying feature - infliction of grievous harm to the victim's health (clause "in" part 3 of article 163 of the Criminal Code) can be imputed only if deliberately inflicting such harm to health, and qualifications in conjunction with Art. 111 of the Criminal Code in this case is not required. If the infliction of grievous bodily harm during extortion entailed the death of the victim by negligence, the deed is qualified according to the aggregate of paragraphs "in" part 3 of Art. 163 and part 4 of Art. 111 of the Criminal Code.

Taking into account the established judicial practice, extortion, coupled with premeditated murder, is not covered by the disposition of paragraph "z" of part 2 of Art. 105 of the Criminal Code and must be qualified for the totality of crimes provided for in paragraph "c" part 3 of Art. 163 and p. "Z" part 2 of Art. 105 of the Criminal Code. This position is also indicated in paragraph 11 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of January 27, 1999 N 1 "On judicial practice in cases of murder."

If the murder was committed in order to conceal the fact of extortion, then the actions of the perpetrator should be classified under clause "k" of part 2 of Art. 105 and the relevant part and paragraph of Art. 163 of the Criminal Code.

Theft of items of special value

In Art. 164 of the Criminal Code reproduced the disposition of Art. 147.2 of the Criminal Code of the RSFSR. The practice of applying this article indicates that the special historical, scientific and cultural value of stolen objects or documents is determined on the basis of expert opinion taking into account not only their value in monetary terms, but also their significance for history, science, culture.

The procedure for determining the special value of stolen items is explained in the Resolution of the Plenum of the Supreme Court of the Russian Federation of April 25, 1995 N 5 "On some issues of the application by courts of legislation on liability for crimes against property." To qualify a crime under Art. 164 of the Criminal Code does not matter in what way the items or documents named in it were stolen. These can be theft, fraud, robbery, robbery, appropriation and waste.

Theft of items and documents of particular value is considered completed from the moment when the perpetrator took possession of these items and was able to dispose of them at his own discretion.

If the theft of such items or documents is committed by robbery, then the additional qualification under Art. 162 of the Criminal Code is not required, and the crime should be considered completed from the moment of the attack.

Responsibility for the crime in question comes from the age of 16 (part 2 of article 20 of the Criminal Code).

Theft of items or documents of particular value is committed only with direct intent and selfish purpose.

The qualifying signs specified in clause "a" part 2 of Art. 164 of the Criminal Code, - committed by a group of persons in a preliminary conspiracy or by an organized group - are similar to the qualifying signs of theft.

The qualifying feature is the destruction, damage or destruction of objects or documents specified in Part 1 of Art. 164 of the Criminal Code, will take place only if these consequences have arisen as a result of the theft of these items or documents.

Causing property damage by deception or breach of trust

Liability for causing property damage to the owner or other owner of property by deception or abuse of trust in the absence of signs of theft is provided for by Art. 165 of the Criminal Code, according to which it is a criminal offense to cause property damage not only to the owner, but also to another owner of the property.

The method of committing this crime (deception, breach of trust) is similar to the method used for fraud, however, the crime under Art. 165 of the Criminal Code, due to the absence of signs of theft (seizure of property), this is not.

Damage to the owner or other owner of property with the use of deception or breach of trust can be caused by evading payment of various legal payments, illegal exploitation of property entrusted to work for personal purposes, travel without a ticket for rewarding passengers or goods by conductors, etc.

The crime is recognized as completed from the moment of causing property damage.

The Presidium of the Supreme Court of the Republic of Tatarstan overturned the verdict against D. in part of his conviction under paragraph "b" of part 3 of Art. 165 of the Criminal Code and dismissed the case for lack of corpus delicti, indicating the following. Finding D. guilty of the act incriminated to him, the court did not take into account that the criminal liability under Art. 165 of the Criminal Code occurs for causing property damage to the owner or another owner by deception or abuse of confidence in the absence of signs of theft. As can be seen from the materials of the case, between D. and G., as the heads of the two organizations, an oral agreement was concluded, according to which G. voluntarily issued promissory notes to D. in the amount of 143 thousand rubles. Subsequently, D. was unable to fully repay the debt to G.'s organization for objective reasons, in particular because other organizations that had debts to D.'s organization did not pay them off on time. Thus, the presence of intent to inflict property damage has not been established.

The subjects of the crime are not officials who have reached the age of 16. When such actions are committed by officials using their official powers responsibility comes under Art. 285 of the Criminal Code, and employees commercial organizations- according to Art. 201 of the Criminal Code.

The subjective side of the crime is characterized by direct intent and selfish purpose.

In part 2 and paragraphs "a", "b", part 3 of Art. 165 of the Criminal Code indicates the qualifying features characteristic of fraud.

Wrong possession of a car

Art. 166 of the Criminal Code, which provides for criminal liability for unlawful seizure of a car or other vehicle without the purpose of theft.

Note that the dispositions of the articles included in Ch. 21 of the Criminal Code, do not contain such an offense as stealing horses. Federal Law of July 1, 1994 N 10-FZ "On Amendments and Additions to the Criminal Code of the RSFSR and the Criminal Procedure Code of the RSFSR" criminal liability for stealing horses was introduced in Art. 148.1 of the Criminal Code of the RSFSR. However, at present the legislator from the disposition of Art. 166 of the Criminal Code excluded such an act, i.e. decriminalized this corpus delicti.

The subject of a crime under Art. 166 of the Criminal Code is a car or any other mechanical self-propelled vehicle that has an automobile engine with appropriate characteristics (see, for example, Traffic Regulations).

Taking possession of an object within the meaning of this corpus delicti is expressed in removing it from the parking lot in any way. Therefore, the crime should be considered completed from the moment when the vehicle is removed from the parking lot. The distance the vehicle is removed from the parking lot does not matter for qualifying a crime.

The subject of the crime is a person who has reached the age of 14 (part 2 of article 20 of the Criminal Code).

The subjective side is characterized by direct intent to take possession of a vehicle without the purpose of theft.

When intent to steal a vehicle is established, the actions of a person should be qualified according to the relevant articles of the Criminal Code, providing for liability for theft of someone else's property. Additional qualification of these actions under Art. 166 CC is not required. The actions of a person who unauthorizedly used it, if this person is a regular driver of this vehicle, cannot qualify as unlawful seizure of a vehicle. At the same time supervisory authority in her decision in the case K. indicated that the driver, suspended from work in a car and committed theft for personal purposes, was reasonably found guilty of a crime under Art. 166 of the Criminal Code.

The qualifying signs provided for by h. 2, 4 and partially h. 3 (organized group) of Art. 166, coincide with similar features of Art. Art. 158, 161 and 162 of the Criminal Code.

Intentional destruction or damage to property

Article 167 of the Criminal Code provides for liability for willful destruction or damage to property.

The subject of a crime is any property, the destruction or damage of which entails the infliction of significant damage.

Destruction of property means bringing a thing into complete disrepair when it loses its economic and economic value forever and can no longer be used for its intended purpose.

Damage to property means causing such damage to a thing when it cannot be used for its usual purpose without restoration (repair). Intentional destruction or damage to someone else's property is a crime, provided that significant damage is caused. We spoke about the concept of significant damage when considering a similar qualifying feature contained in Art. 158 of the Criminal Code.

The subject of a crime can be a person who has reached the age of 16, but if he qualifies under Part 2 of Art. 167 of the Criminal Code, liability begins from the age of 14 (part 2 of Art. 20 of the Criminal Code).

A crime can be committed with both direct and indirect intent.

The purpose and motives of the crime under Part 1 of Art. 167 of the Criminal Code, are only relevant for the delimitation of this crime from others, for example from hooliganism (Art. 213 of the Criminal Code).

Intentional destruction or damage to property, committed from hooligan motives by arson, explosion or other generally dangerous method, take place when the actual circumstances coincide with the awareness of the guilty that he is acting without reason, from hooligan motives in a generally dangerous way, i.e. his actions create a threat of harm to people or other people's property. Thus, the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation overturned the verdict against L. in terms of his conviction under Part 2 of Art. 167 of the Criminal Code, since the court did not establish that the convicted person acted with intent aimed at damaging someone else's property.

Intentional destruction or damage to other people's property, committed from hooligan motives by arson, explosion or other generally dangerous method, entail criminal liability under Part 2 of Art. 167 of the Criminal Code only in case of actual infliction of significant damage to the victim. If, as a result of these actions, directly aimed at setting fire to someone else's property, the consequences provided for by law did not occur for reasons beyond the control of the guilty party, then the deed, if he has the intent to cause significant damage, should be considered as an attempt to intentionally destroy or damage someone else's property by arson.

Intentional destruction or damage to individual items with the use of fire in conditions precluding its spread to other objects and the emergence of a threat of harm to the life and health of people, as well as other people's property, should be qualified under Part 1 of Art. 167 of the Criminal Code, if the victim suffered significant damage and provided that these actions were not committed from hooligan motives.

The military collegium of the Supreme Court of the Russian Federation re-qualified the actions of T. from Part 2 of Art. 167 of the Criminal Code on Part 1 of Art. 167 of the Criminal Code, pointing out that, as can be seen from the materials of the case, T. set fire to the car on the shore of the lake, in a deserted place, far from buildings and his actions did not entail other consequences specified in Part 2 of Art. 167 of the Criminal Code.

When deciding whether significant damage has been caused to the owner or another owner of the property, one should proceed from the value of the destroyed property or the cost of restoring damaged property, the significance of this property for the victim, for example, in connection with his type of activity and financial situation or financial and economic condition legal entity, who was the owner or other owner of the destroyed or damaged property.

If the perpetrator, in order to destroy or damage someone else's property, deliberately acted in a generally dangerous way, but for reasons beyond his control, the property did not suffer significant damage, the deed must be qualified under Part 3 of Art. 30 and part 2 of Art. 167 of the Criminal Code.

The qualifying feature provided for by Part 2 of Art. 167 of the Criminal Code, is infliction, in the process or as a result of the destruction or damage of someone else's property, committed by their hooligan motives, the death of at least one person or other grave consequences.

The grave consequences caused by negligence as a result of the deliberate destruction or damage of property (part 2 of article 167 of the Criminal Code) include, in particular, the infliction of grievous bodily harm by negligence at least one person or the infliction of moderate harm to the health of two or more persons; leaving victims homeless or homeless; prolonged suspension or disruption of the work of an enterprise, institution or organization; disconnecting consumers from sources of life support - electricity, gas, heat, water supply, etc. (Clause 10 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of June 5, 2002 N 14 "On judicial practice in cases of violation of the rules fire safety, destruction or damage to property by setting fire or as a result of careless handling of fire ").

If death or other grave consequences were caused not through negligence, but with direct or indirect intent, the deed is qualified under the totality of Art. 167 and the corresponding articles of the Criminal Code on crimes against the person.

Destruction or damage of property by negligence

Criminal liability for the destruction or damage of someone else's property through negligence is provided for in Art. 168 of the Criminal Code and occurs only in the event of causing large-scale damage as a result of these actions and if these actions were committed by careless handling of fire or other sources increased danger... The legislator uses the concept of "large size", not "large damage". Obviously, the issue of large size should be resolved in relation to the concept of large size of theft (see note 4 to article 158 of the Criminal Code).

The subjects of the crime under consideration can be both private and officials who have reached the age of 16, if their careless actions were not related to the performance of their official duties.

Careless handling under Art. 168 of the Criminal Code, can be expressed in violation of special safety rules or generally accepted rules of necessary precaution. This can be the active behavior of the perpetrator or inaction, which led to the occurrence of those specified in Art. 168 of the Criminal Code of consequences (destruction or damage to other people's property on a large scale).

Flammable and poisonous liquids, electrical equipment, vehicles, mechanisms, explosives are recognized as sources of increased danger (except for fire).

To the consequences of the crime under Art. 168 of the Criminal Code, can only be attributed to the destruction or damage to property on a large scale.

In the event of the death of people, the actions of the perpetrator must be qualified under Art. 109 of the Criminal Code.

Analysis criminal law ch. 21 of the Criminal Code should be concluded with the remarks that, within the meaning of the law, cases of crimes against someone else's property are cases of public prosecution and for their initiation, production preliminary investigation and judicial trial the consent of the owner or other owner of the property that has become the object of the criminal encroachment is not required. The sanctions of the articles reviewed are severe enough to provide for proportionate state coercion against the perpetrators. The court, taking into account the degree of public danger of a particular crime committed, data on the identity of the perpetrator and other circumstances specified in the law, as well as the sanction of a specific article, has the right to impose a punishment from among those of its types that are provided for in Art. 44 of the Criminal Code and are currently in force.

On judicial practice in cases of theft, see Resolution of the Plenum of the Supreme Court of the Russian Federation of December 27, 2002 N 29.

1. Theft, that is, secret theft of someone else's property -

shall be punishable by a fine in the amount of up to eighty thousand rubles or in the amount of the wage or salary or any other income of the convicted person for a period of up to six months, or compulsory works for up to one hundred and eighty hours, or correctional labor for a term of six months to one year, or restraint of liberty for a term of up to two years, or arrest for a term of two to four months, or imprisonment for a term of up to two years.

2. Theft committed:

b) with illegal entry into the premises or other storage;

c) causing significant damage to a citizen;

d) from clothes, bags or other carry-on luggage, which were with the victim -

shall be punishable by a fine in an amount of up to two hundred thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to eighteen months, or by compulsory works for a term of one hundred and eighty to two hundred and forty hours, or by corrective labor for a term of one to two years, or by deprivation freedom for up to five years with or without restraint of freedom for up to one year.
(as amended by Federal Law of 27.12.2009 N 377-FZ)

3. Theft committed:

a) with illegal entry into the home;

b) from an oil pipeline, oil product pipeline, gas pipeline;

c) on a large scale, -

shall be punishable by a fine in the amount of one hundred thousand to five hundred thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of one to three years, or by imprisonment for a term of two to six years, with a fine in the amount of up to eighty thousand rubles, or in the amount of the wage payment or other income of the convicted person for a period of up to six months or without it and with restriction of liberty for a period of up to one and a half years or without it.
(as amended by Federal Law of 27.12.2009 N 377-FZ)

(Part three as amended by Federal Law dated 30.12.2006 N 283-FZ)

4. Theft committed:

a) by an organized group;

b) on an especially large scale, -

(as amended by Federal Law of 27.12.2009 N 377-FZ)

Notes. 1. In the articles of this Code, theft means unlawful gratuitous seizure and (or) circulation of another's property in favor of the guilty person or other persons, which have caused damage to the owner or other owner of this property.

2. Significant damage to a citizen in the articles of this chapter is determined taking into account his property status, but may not be less than two thousand five hundred rubles.

3. Under the premises in the articles of this chapter are understood buildings and structures, regardless of the form of ownership, intended for the temporary location of people or the placement of material assets for production or other official purposes.

In the articles of this chapter, storage is understood as utility premises, isolated from residential buildings, land plots, pipelines, other structures, regardless of the form of ownership, which are intended for permanent or temporary storage of material values.
(as amended by Federal Law of 30.12.2006 N 283-FZ)

4. A large amount in the articles of this chapter is recognized as the value of property in excess of two hundred and fifty thousand rubles, and especially large - one million rubles.

On judicial practice in cases of robbery, see Resolution of the Plenum of the Supreme Court of the Russian Federation of December 27, 2002 N 29.

1. Robbery, that is, an attack in order to steal someone else's property, committed with the use of violence dangerous to life or health, or with the threat of such violence, -

shall be punishable by deprivation of liberty for a term of three to eight years, with or without a fine in an amount of up to 500 thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to three years.

2. Robbery committed by a group of persons by prior conspiracy, as well as with the use of weapons or objects used as weapons -

shall be punishable by imprisonment for a term of five to ten years, with or without a fine in the amount of up to one million rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to five years.
(as amended by Federal Laws of 21.07.2004 N 73-FZ, of 27.12.2009 N 377-FZ)

3. Robbery committed with illegal entry into a dwelling, premises or other storage facility, or on a large scale, -

shall be punishable by deprivation of liberty for a term of seven to twelve years, with or without a fine in the amount of up to one million rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to five years.
(as amended by Federal Law of 27.12.2009 N 377-FZ)

4. Robbery committed:

a) by an organized group;

b) for the purpose of taking possession of property on an especially large scale;

c) with the infliction of grievous bodily harm to the victim, -

shall be punishable by deprivation of liberty for a term of eight to fifteen years, with or without a fine in the amount of up to one million rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to five years.
(as amended by Federal Law of 27.12.2009 N 377-FZ)

1. Extortion, that is, the requirement to transfer someone else's property or the right to property or to commit other property actions under the threat of violence or destruction or damage to someone else's property, as well as under the threat of disseminating information that dishonor the victim or his relatives, or other information that may cause substantial harm to the rights or legal interests of the victim or his relatives, -

shall be punishable by restraint of liberty for a term of up to four years, or by arrest for a term of up to six months, or by imprisonment for a term of up to four years, with or without a fine in the amount of up to eighty thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to six months ...

2. Extortion committed:

a) by a group of persons by prior agreement;

c) with the use of violence;

d) on a large scale, -
(clause "g" was introduced by the Federal Law of 08.12.2003 N 162-FZ)

shall be punishable by deprivation of liberty for a term of three to seven years, with or without a fine in an amount of up to 500 thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to three years.
(as amended by Federal Laws of 08.12.2003 N 162-FZ, of 27.12.2009 N 377-FZ)

3. Extortion committed:

a) by an organized group;

b) in order to receive property on an especially large scale;
(as amended by Federal Law of 08.12.2003 N 162-FZ)

c) with the infliction of grievous bodily harm to the victim, -
(as amended by Federal Law of 08.12.2003 N 162-FZ)

d) has lost its force. - Federal Law of 08.12.2003 N 162-FZ

shall be punishable by imprisonment for a term of seven to fifteen years, with or without a fine in the amount of up to one million rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to five years.
(as amended by Federal Laws of 08.12.2003 N 162-FZ, of 27.12.2009 N 377-FZ)

1. Theft of objects or documents with special historical, scientific, artistic or cultural value, regardless of the method of theft -

shall be punishable by deprivation of liberty for a term of six to ten years, with or without a fine in an amount of up to 500 thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to three years.
(as amended by Federal Laws of 08.12.2003 N 162-FZ, of 27.12.2009 N 377-FZ)

2. The same act:

a) committed by a group of persons in a preliminary conspiracy or by an organized group;

b) has lost its force. - Federal Law of 08.12.2003 N 162-FZ;

c) entailing the destruction, damage or destruction of objects or documents specified in the first part of this article -

shall be punishable by deprivation of liberty for a term of eight to fifteen years, with or without a fine in an amount of up to five hundred thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to three years.
(as amended by Federal Laws of 08.12.2003 N 162-FZ, of 27.12.2009 N 377-FZ)

1. Causing property damage to the owner or other owner of property by deception or abuse of trust in the absence of signs of theft -

shall be punishable by a fine in the amount of up to eighty thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to two months, or by compulsory works for a term of one hundred and twenty to one hundred and eighty hours, or corrective labor for a term of up to one year, or restraint of liberty for a term up to two years, or arrest for up to four months, or imprisonment for up to two years.
(as amended by Federal Laws of 08.12.2003 N 162-FZ, of 21.07.2004 N 73-FZ, of 27.12.2009 N 377-FZ)

2. The same act, committed by a group of persons by prior conspiracy or on a large scale, -
(as amended by Federal Law of 08.12.2003 N 162-FZ)

shall be punishable by a fine in the amount of one hundred thousand to three hundred thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of one to two years, or by imprisonment for a term of up to three years, with a fine in the amount of up to eighty thousand rubles or in the amount of the wage, or other income of the convicted person for a period of up to six months or without it and with restriction of liberty for a period of up to one year or without it.
(as amended by Federal Laws of 08.12.2003 N 162-FZ, of 27.12.2009 N 377-FZ)

3. The acts provided for in the first or second part of this article:

a) committed by an organized group;

b) inflicted especially large damage -
(Clause "b" as amended by Federal Law of 08.12.2003 N 162-FZ)

c) has lost its force. - Federal Law of 08.12.2003 N 162-FZ

shall be punishable by imprisonment for a term of up to five years, with or without a fine in the amount of up to eighty thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to six months.
(as amended by Federal Laws of 08.12.2003 N 162-FZ, of 27.12.2009 N 377-FZ)

1. Intentional destruction or damage to someone else's property, if these acts entailed the infliction of significant damage, -

shall be punishable by a fine in the amount of up to forty thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to three months, or compulsory labor for a term of one hundred to one hundred and eighty hours, or corrective labor for a term of up to one year, or arrest for a term of up to three months, or imprisonment for up to two years.
(as amended by Federal Law of 08.12.2003 N 162-FZ)

2. The same acts, committed out of hooligan motives, by arson, explosion, or in any other generally dangerous way, or which, through negligence, entailed the death of a person or other grave consequences, -
(as amended by Federal Law of 08.12.2003 N 162-FZ)

the applicable sentence is deprivation of liberty for a term not exceeding five years.

On judicial practice in cases of violation of fire safety rules, destruction or damage to property by arson or as a result of careless handling of fire, see Resolution of the Plenum of the Supreme Court of the Russian Federation of 05.06.2002 N 14.

Destruction or damage of another's property on a large scale, committed by careless handling of fire or other sources of increased danger, -

shall be punishable by a fine in the amount of up to one hundred and twenty thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to one year, or correctional labor for a term of one to two years, or restraint of liberty for a term of up to one year, or imprisonment for that same term.
(as amended by Federal Law of 27.12.2009 N 377-FZ)

Section VIII. Economic Crimes

Chapter 21. Crimes against property

Article 158. Theft
1. Theft, that is, secret theft of someone else's property -
shall be punishable by a fine in the amount of up to eighty thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to six months, or by compulsory works for a term of up to three hundred and sixty hours, or corrective labor for a term of up to one year, or restraint of liberty for a term of up to two years , or forced labor for up to two years, or arrest for up to four months, or imprisonment for up to two years.
2. Theft committed:

b) with illegal entry into the premises or other storage;
c) causing significant damage to a citizen;
d) from clothes, bags or other carry-on luggage, which were with the victim -
shall be punishable by a fine in an amount of up to 200 thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to eighteen months, or by compulsory works for a term of up to four hundred and eighty hours, or corrective labor for a term of up to two years, or compulsory labor for a term of up to five years with or without restraint of liberty for a term of up to one year, or deprivation of liberty for a term of up to five years with restraint of liberty for a term of up to one year or without it.
3. Theft committed:
a) with illegal entry into the home;
b) from an oil pipeline, oil product pipeline, gas pipeline;
c) on a large scale;
d) from a bank account, as well as in relation to electronic Money(in the absence of signs of a crime provided for in Article 159.3 of this Code), -
shall be punishable by a fine in the amount of one hundred thousand to five hundred thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of one to three years, or by compulsory labor for a term of up to five years, with or without restraint of liberty for a term of up to one and a half years, or imprisonment for a term of up to six years with a fine of up to eighty thousand rubles or in the amount of the convict's salary or other income for a period of up to six months, or without it and with restriction of liberty for a term of up to one and a half years or without it.
4. Theft committed:
a) by an organized group;
b) on an especially large scale, -

Notes. 1. In the articles of this Code, theft means unlawful gratuitous seizure and (or) circulation of another's property in favor of the guilty person or other persons, which have caused damage to the owner or other owner of this property.
2. Significant damage to a citizen in the articles of this chapter, with the exception of part five of Article 159, is determined taking into account his property status, but cannot be less than five thousand rubles.
3. Under the premises in the articles of this chapter are understood buildings and structures, regardless of the form of ownership, intended for the temporary location of people or the placement of material assets for production or other official purposes.
In the articles of this chapter, storage is understood as utility premises, isolated from residential buildings, land plots, pipelines, other structures, regardless of the form of ownership, which are intended for permanent or temporary storage of material values.
4. A large amount in Articles of this Chapter, with the exception of parts six and seven of Article 159, Articles 159.1 and 159.5, is recognized as the value of property in excess of two hundred and fifty thousand rubles, and especially large - one million rubles.

Article 158.1. Petty theft committed by a person subjected to administrative punishment
Petty theft of someone else's property, committed by a person subjected to administrative punishment for petty theft, foreseen by part 2 of article 7.27 of the Code of the Russian Federation on administrative offenses, -
shall be punishable by a fine in the amount of up to forty thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to three months, or by compulsory works for a term of up to one hundred and eighty hours, or correctional labor for a term of up to six months, or restraint of liberty for a term of up to one year , or forced labor for up to one year, or arrest for up to two months, or imprisonment for up to one year.

Article 159. Fraud
1. Fraud, that is, the theft of someone else's property or the acquisition of the right to someone else’s property by deception or abuse of trust, -
shall be punishable by a fine in the amount of up to one hundred and twenty thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to one year, or by compulsory works for a term of up to three hundred and sixty hours, or corrective labor for a term of up to one year, or restraint of liberty for a term of up to two years, or forced labor for up to two years, or arrest for up to four months, or imprisonment for up to two years.
2. Fraud committed by a group of persons by prior conspiracy, as well as causing significant damage to a citizen, -

3. Fraud committed by a person using his official position, as well as on a large scale, -

4. Fraud, committed by an organized group, or on an especially large scale, or entailed the deprivation of a citizen's right to a dwelling, -

5. Fraud involving willful failure contractual obligations in the field entrepreneurial activity if this act entailed the infliction of significant damage, -
shall be punishable by a fine in an amount of up to three hundred thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to two years, or by compulsory works for a term of up to four hundred and eighty hours, or by corrective labor for a term of up to two years, or by compulsory labor for a term of up to five years with or without restraint of liberty for a term of up to one year, or deprivation of liberty for a term of up to five years with restraint of liberty for a term of up to one year or without it.
6. The act provided for by part five of this article, committed on a large scale, -
shall be punishable by a fine in the amount of one hundred thousand to five hundred thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of one to three years, or by compulsory labor for a term of up to five years, with or without restraint of liberty for a term of up to two years, or imprisonment for a term of up to six years with a fine of up to eighty thousand rubles or in the amount of the convict's salary or other income for a period of up to six months, or without it and with restriction of liberty for a term of up to one and a half years or without it.
7. The act provided for by part five of this Article, committed on an especially large scale, -
shall be punishable by deprivation of liberty for a term of up to ten years, with or without a fine in the amount of up to one million rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to three years.
Notes. 1. Significant damage in part five of this article shall be recognized as damage in the amount of at least ten thousand rubles.
2. A large amount in part six of this article is recognized as the value of property in excess of three million rubles.
3. Particularly large amount in part seven of this article is the value of property in excess of twelve million rubles.
4. The effect of parts five through seven of this article applies to cases of deliberate failure to fulfill contractual obligations in the field of entrepreneurial activity, when the parties to the contract are individual entrepreneurs and / or commercial organizations.

Article 159.1. Credit fraud
1. Fraud in the field of lending, that is, the theft of funds by a borrower by submitting deliberately false and (or) inaccurate information to a bank or other lender, -







Note. Large size in this Article and Article 159.5 of this Code is recognized as the value of property in excess of one million five hundred thousand rubles, and especially large - six million rubles.

Article 159.2. Fraud in receiving payments
1. Fraud in receiving payments, that is, theft of money or other property when receiving benefits, compensations, subsidies and other social payments established by laws and other regulatory legal acts, by presenting knowingly false and (or) inaccurate information, as well as by keeping silent about the facts entailing the termination of these payments, -
shall be punishable by a fine in the amount of up to one hundred and twenty thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to one year, or by compulsory works for a term of up to three hundred and sixty hours, or corrective labor for a term of up to one year, or restraint of liberty for a term of up to two years, or forced labor for up to two years, or arrest for up to four months.
2. The same act, committed by a group of persons by prior conspiracy, -
shall be punishable by a fine in an amount of up to three hundred thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to two years, or by compulsory works for a term of up to four hundred and eighty hours, or by corrective labor for a term of up to two years, or by compulsory labor for a term of up to five years with or without restraint of liberty for a term of up to one year, or deprivation of liberty for a term of up to four years with restraint of liberty for a term of up to one year or without it.
3. The acts provided for in the first or second part of this Article, committed by a person using his official position, as well as on a large scale, -
shall be punishable by a fine in the amount of one hundred thousand to five hundred thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of one to three years, or by compulsory labor for a term of up to five years, with or without restraint of liberty for a term of up to two years, or imprisonment for a term of up to six years with a fine of up to eighty thousand rubles or in the amount of the convict's salary or other income for a period of up to six months, or without it and with restriction of liberty for a term of up to one and a half years or without it.
4. Acts provided for by parts one or three of this Article, committed by an organized group or on an especially large scale, -
shall be punishable by deprivation of liberty for a term of up to ten years, with or without a fine in the amount of up to one million rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to three years.

Article 159.3. Fraud using electronic means of payment
1. Fraud using electronic means of payment -
shall be punishable by a fine in the amount of up to one hundred and twenty thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to one year, or by compulsory works for a term of up to three hundred and sixty hours, or corrective labor for a term of up to one year, or restraint of liberty for a term of up to two years, or forced labor for up to two years, or imprisonment for up to three years.

shall be punishable by a fine in an amount of up to three hundred thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to two years, or by compulsory works for a term of up to four hundred and eighty hours, or by corrective labor for a term of up to two years, or by compulsory labor for a term of up to five years with or without restraint of liberty for a term of up to one year, or deprivation of liberty for a term of up to five years with restraint of liberty for a term of up to one year or without it.
3. The acts provided for in the first or second part of this Article, committed by a person using his official position, as well as on a large scale, -
shall be punishable by a fine in the amount of one hundred thousand to five hundred thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of one to three years, or by compulsory labor for a term of up to five years, with or without restraint of liberty for a term of up to two years, or imprisonment for a term of up to six years with a fine of up to eighty thousand rubles or in the amount of the convict's salary or other income for a period of up to six months, or without it and with restriction of liberty for a term of up to one and a half years or without it.

shall be punishable by deprivation of liberty for a term of up to ten years, with or without a fine in the amount of up to one million rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to three years.

Article 159.4. Abolished.

Article 159.5. Insurance Fraud
1. Fraud in the field of insurance, that is, the theft of someone else's property by deception regarding the occurrence of an insured event, as well as the amount of insurance compensation payable in accordance with the law or an agreement to the policyholder or another person, -
shall be punishable by a fine in the amount of up to one hundred and twenty thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to one year, or by compulsory works for a term of up to three hundred and sixty hours, or corrective labor for a term of up to one year, or restraint of liberty for a term of up to two years, or forced labor for up to two years, or arrest for up to four months.
2. The same act, committed by a group of persons by prior conspiracy, as well as causing significant damage to a citizen, -
shall be punishable by a fine in an amount of up to three hundred thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to two years, or by compulsory works for a term of up to four hundred and eighty hours, or by corrective labor for a term of up to two years, or by compulsory labor for a term of up to five years with or without restraint of liberty for a term of up to one year, or deprivation of liberty for a term of up to five years with restraint of liberty for a term of up to one year or without it.
3. The acts provided for in the first or second part of this Article, committed by a person using his official position, as well as on a large scale, -
shall be punishable by a fine in the amount of one hundred thousand to five hundred thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of one to three years, or by compulsory labor for a term of up to five years, with or without restraint of liberty for a term of up to two years, or imprisonment for a term of up to six years with a fine of up to eighty thousand rubles or in the amount of the convict's salary or other income for a period of up to six months, or without it and with restriction of liberty for a term of up to one and a half years or without it.
4. The acts provided for in the first, second or third parts of this Article, committed by an organized group or on an especially large scale, -
shall be punishable by deprivation of liberty for a term of up to ten years, with or without a fine in the amount of up to one million rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to three years.

Article 159.6. Fraud in the field computer information
1. Fraud in the field of computer information, that is, theft of someone else's property or the acquisition of the right to someone else’s property by entering, deleting, blocking, modifying computer information or otherwise interfering with the operation of means of storing, processing or transmitting computer information or information and telecommunication networks, -
shall be punishable by a fine in the amount of up to one hundred and twenty thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to one year, or by compulsory works for a term of up to three hundred and sixty hours, or corrective labor for a term of up to one year, or restraint of liberty for a term of up to two years, or forced labor for up to two years, or arrest for up to four months.
2. The same act, committed by a group of persons by prior conspiracy, as well as causing significant damage to a citizen, -
shall be punishable by a fine in an amount of up to three hundred thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to two years, or by compulsory works for a term of up to four hundred and eighty hours, or by corrective labor for a term of up to two years, or by compulsory labor for a term of up to five years with or without restraint of liberty for a term of up to one year, or deprivation of liberty for a term of up to five years with restraint of liberty for a term of up to one year or without it.
3. The acts provided for in the first or second part of this article, committed:
a) by a person using his official position;
b) on a large scale;
c) from a bank account, as well as in relation to electronic money, -
shall be punishable by a fine in the amount of one hundred thousand to five hundred thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of one to three years, or by compulsory labor for a term of up to five years, with or without restraint of liberty for a term of up to two years, or imprisonment for a term of up to six years with a fine of up to eighty thousand rubles or in the amount of the convict's salary or other income for a period of up to six months, or without it and with restriction of liberty for a term of up to one and a half years or without it.
4. The acts provided for in the first, second or third parts of this Article, committed by an organized group or on an especially large scale, -
shall be punishable by deprivation of liberty for a term of up to ten years, with or without a fine in the amount of up to one million rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to three years.

Article 160. Appropriation or embezzlement
1. Appropriation or embezzlement, that is, theft of someone else's property entrusted to the guilty person -
shall be punishable by a fine in an amount of up to one hundred and twenty thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to one year, or by compulsory works for a term of up to two hundred and forty hours, or corrective labor for a term of up to six months, or restraint of liberty for a term of up to two years, or forced labor for up to two years, or imprisonment for the same period.
2. The same acts committed by a group of persons by prior conspiracy, as well as causing significant damage to a citizen, -
shall be punishable by a fine in an amount of up to 300 thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to two years, or by compulsory works for a term of up to three hundred and sixty hours, or corrective labor for a term of up to one year, or compulsory labor for a term of up to five years with or without restraint of liberty for a term of up to one year, or deprivation of liberty for a term of up to five years with restraint of liberty for a term of up to one year or without it.
3. The same acts committed by a person using his official position, as well as on a large scale, -
shall be punishable by a fine in the amount of one hundred thousand to five hundred thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of one to three years, or by deprivation of the right to hold specified positions or engage in specified activities for a term of up to five years, or compulsory labor for a term up to five years, with or without restraint of liberty for a period of up to one and a half years, or imprisonment for up to six years with a fine of up to ten thousand rubles or in the amount of the convict's wages or other income for a period of up to one month, or without it and with restriction of freedom for up to one and a half years or without it.
4. The acts provided for in the first, second or third parts of this Article, committed by an organized group or on an especially large scale, -
shall be punishable by deprivation of liberty for a term of up to ten years, with or without a fine in the amount of up to one million rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to three years.

Article 161. Robbery
1. Robbery, that is, open theft of someone else's property -
shall be punishable by compulsory labor for a term of up to four hundred and eighty hours, or correctional labor for a term of up to two years, or restraint of liberty for a term of two to four years, or compulsory labor for a term of up to four years, or arrest for a term of up to six months, or imprisonment for up to four years.
2. Robbery committed:
a) by a group of persons by prior agreement;
b) has lost its force;
c) with illegal entry into a dwelling, premises or other storage facility;
d) with the use of violence that is not dangerous to life or health, or with the threat of such violence;
e) on a large scale, -
shall be punishable by compulsory labor for a term of up to five years, or imprisonment for a term of up to seven years, with a fine in the amount of up to ten thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to one month, or without restraint of liberty for a term of up to one year or without it.
3. Robbery committed:
a) by an organized group;
b) on an especially large scale;
c) has lost its force, -
shall be punishable by deprivation of liberty for a term of six to twelve years, with or without a fine in the amount of up to one million rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to five years.

Article 162. Robbery
1. Robbery, that is, an attack in order to steal someone else's property, committed with the use of violence dangerous to life or health, or with the threat of such violence, -
shall be punishable by compulsory labor for a term of up to five years, or by imprisonment for a term of up to eight years, with or without a fine in an amount of up to 500 thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to three years.
2. Robbery committed by a group of persons by prior conspiracy, as well as with the use of weapons or objects used as weapons -
shall be punishable by deprivation of liberty for a term of up to ten years, with or without a fine in the amount of up to one million rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to five years.
3. Robbery committed with illegal entry into a dwelling, premises or other storage facility, or on a large scale, -
shall be punishable by deprivation of liberty for a term of seven to twelve years, with or without a fine in the amount of up to one million rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to five years.
4. Robbery committed:
a) by an organized group;
b) on an especially large scale;

shall be punishable by deprivation of liberty for a term of eight to fifteen years, with or without a fine in the amount of up to one million rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to five years.

Article 163. Extortion
1. Extortion, that is, the requirement to transfer someone else's property or the right to property or to commit other property actions under the threat of violence or destruction or damage to someone else's property, as well as under the threat of disseminating information that dishonor the victim or his relatives, or other information that may cause substantial harm to the rights or legal interests of the victim or his relatives, -
shall be punishable by restraint of liberty for a term of up to four years, or by compulsory labor for a term of up to four years, with or without restraint of liberty for a term of up to two years, or by arrest for a term of up to six months, or by imprisonment for a term of up to four years, with a fine in the amount of up to eighty thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to six months or without it.
2. Extortion committed:
a) by a group of persons by prior agreement;
b) has lost its force;
c) with the use of violence;
d) on a large scale, -
shall be punishable by deprivation of liberty for a term of up to seven years, with or without a fine in an amount of up to five hundred thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to three years.
3. Extortion committed:
a) by an organized group;
b) in order to receive property on an especially large scale;
c) with the infliction of grievous bodily harm to the victim, -
d) invalidated
shall be punishable by imprisonment for a term of seven to fifteen years, with or without a fine in the amount of up to one million rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to five years.

Article 164. Theft of items of special value
1. Theft of objects or documents of special historical, scientific, artistic or cultural value, regardless of the method of theft -
shall be punishable by compulsory labor for a term of up to five years, with or without restraint of liberty for a term of up to one year, or by deprivation of liberty for a term of up to ten years, with a fine in an amount of up to five hundred thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to three years, or without it and with restriction of liberty for up to one year or without it.
2. The same act:
a) committed by a group of persons in a preliminary conspiracy or by an organized group;
b) has lost its force;
c) entailing the destruction, damage or destruction of objects or documents specified in the first part of this article -
shall be punishable by deprivation of liberty for a term of up to fifteen years, with or without a fine in an amount of up to 500 thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to three years.

Article 165. Causing property damage by deception or abuse of confidence
1. Causing property damage to the owner or other owner of property by deception or abuse of trust in the absence of signs of theft, committed on a large scale, -
shall be punishable by a fine in an amount of up to three hundred thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to two years, or by compulsory labor for a term of up to two years, with or without restraint of liberty for a term of up to one year, or by deprivation of liberty for a term of up to two years with a fine of up to eighty thousand rubles or in the amount of the convict's wages or other income for a period of up to six months or without it and with or without restraint of liberty for a period of up to one year.
2. The act provided for in the first part of this article:
a) committed by a group of persons in a preliminary conspiracy or by an organized group;
b) causing especially large damage -
shall be punishable by compulsory labor for a term of up to five years, with or without restraint of liberty for a term of up to two years, or by imprisonment for a term of up to five years, with a fine in the amount of up to eighty thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to six months, or without it and with restriction of liberty for up to two years or without it.

Article 166. Unlawful seizure of a car or other means of transport without the purpose of theft
1. Unlawful seizure of a car or other vehicle without the purpose of theft (hijacking) -
shall be punishable by a fine in the amount of up to one hundred and twenty thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to one year, or restraint of liberty for a term of up to three years, or compulsory labor for a term of up to five years, or arrest for a term of up to six months, or imprisonment for up to five years.
2. The same act committed:
a) by a group of persons by prior agreement;
b) has lost its force;
c) with the use of violence that is not dangerous to life or health, or with the threat of such violence, -
shall be punishable by a fine in an amount of up to 200 thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to eighteen months, or compulsory labor for a term of up to five years, or imprisonment for a term of up to seven years.
3. Deeds provided for in the first or second parts of this Article, committed by an organized group or causing especially large damage, -
the applicable sentence is deprivation of liberty for a term not exceeding ten years.
4. The acts provided for in the first, second or third parts of this Article, committed with the use of violence dangerous to life or health, or with the threat of such violence, -
the applicable sentence is deprivation of liberty for a term not exceeding twelve years.

Article 167. Intentional destruction or damage to property
1. Intentional destruction or damage to someone else's property, if these acts entailed the infliction of significant damage, -
shall be punishable by a fine in an amount of up to 40 thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to three months, or by compulsory works for a term of up to three hundred and sixty hours, or corrective labor for a term of up to one year, or compulsory labor for a term of up to two years , or arrest for up to three months, or imprisonment for up to two years.
2. The same acts, committed out of hooligan motives, by arson, explosion, or in any other generally dangerous way, or which, through negligence, entailed the death of a person or other grave consequences, -
are punished with compulsory labor for a term of up to five years, or imprisonment for the same term.

Article 168. Destruction or damage of property by negligence
Destruction or damage of another's property on a large scale, committed by careless handling of fire or other sources of increased danger, -
shall be punishable by a fine in an amount of up to one hundred and twenty thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to one year, or by compulsory works for a term of up to four hundred and eighty hours, or corrective labor for a term of up to two years, or restraint of liberty for a term of up to one years, or forced labor for up to one year, or imprisonment for the same period.