164 Article of the Criminal Code: "Theft of items of special value"

Any human actions in most cases have certain legal consequences. This postulate of human life was derived even in times when law was not a key regulator of social relations. Already in ancient Rome, there were special rules that limited the activities of people of a certain kind. Thus, the offense sphere of human activity was developed long ago. Of course, over time, the legal norms governing this industry and its principles as a whole have undergone significant changes.

To date, most countries have codified criminal laws, in which the main illegal actions are fixed. In addition, the totality of such acts led to the emergence of a separate legal branch - a criminal one. It with the share of certain changes exists in every country.

The Russian Federation in this matter is not an exception to the rules. In our state there is a criminal law of its own, which fixes responsibility for certain crimes. To disassemble the key features of the legal responsibility of this type can be on the example of 164 art. Criminal Code of the Russian Federation "Theft of objects of special value".

Criminal law: concept, features

For a long time, the sphere of offenses was not delineated into separate spheres of regulation. Of course, people understood the perniciousness of some acts and the insignificance of others, but all this was coordinated through the application of identical legal constructions. As for the modern Russian Federation, the mechanism of criminal responsibility in the state is rather significant and effective. Many principles of this branch of law were borrowed from the similar sphere of coordination that existed in the USSR. Criminal law is enshrined in the norms of the special codified ABM. In addition, this area of legal regulation has an extensive structure that unites many interesting institutions.

What is a crime?

One of the key institutions of criminal law is a socially dangerous act. The mentioned Article 164 of the Criminal Code of the Russian Federation affects just one of the crimes. But what are the characteristics of this institution? To understand its features, it is necessary to recall the key points of legal theory. We all know that a person's actions can have both positive and negative character. In the second case we are talking about offenses, that is, moments when human activity goes beyond the permitted limits. Crimes in this case are qualified actions of a negative nature. In other words, we are not talking about simple offenses, but about those that bring the most serious consequences. Their public danger makes it necessary to apply special measures of legal effect to the perpetrators. For this reason, only in criminal law there are punishments related to restriction or deprivation of will.

Theft of objects of special value: structure, composition

So, we found out that Article 164 of the Criminal Code of the Russian Federation is an example of a central institution of criminal law - a crime. If we proceed from the name of this rule, it fixes punishment for actions related to the theft of particularly valuable items. However, the article has a rather interesting structure and composition. In the Criminal Code the norm is presented in two parts. In the first, the usual, unburdened crime is presented. In the second part, the qualified acts, that is, the more serious ones, are indicated.

Elements of the composition of this crime are: subject, object, subjective side and objective side. Of particular interest is Article 164 of the Criminal Code of the Russian Federation due to the mandatory availability of the object of a socially dangerous act. These are items of special, exceptional value. In the process of law enforcement practice, it is not always possible to effectively classify acts of this kind. The stumbling block, as we understand it, is the mentioned things, whose legal status differs in certain features.

What things are of exceptional value?

Theft, which provides for Article 164 of the Criminal Code of the Russian Federation, implies the existence of special items. These are things that have exceptional value. In most cases, people who hear this concept, represent property that is quite expensive. However, such conclusions are erroneous. In this case, the legislator in 164 art. The Criminal Code of the Russian Federation indicates which things are of exceptional value.

This legal status is given to the subjects and documents that are endowed with the value of historical, artistic, scientific, cultural. Thus, only in the presence of the fact of significance, property of a certain kind can be classified as one that has a special value. As we see, Article 164 of the Criminal Code of the Russian Federation does not say anything about the value of objects. Only their exclusive significance for the society and our multinational state, that is, the Russian Federation, is taken into account.

Why is criminal liability established?

At first glance, does not describe a socially dangerous act 164 of the Criminal Code of the Russian Federation. The composition of the crime must fall within the definition. However, the harmful nature of the actions mentioned in the norm is the fact of harming public relations that regulate the distribution of material wealth and the protection of cultural values. In other words, the damage is received by the non-material component of the vital activity of the state. An additional object is the ownership of objects of special value. After all, in the process of theft, their illegal seizure takes place.

Subject of crime

Any kind of socially dangerous act is committed by a certain person. This fact is the basis of criminal law in general. With regard specifically to the rule of Article 164, the subject of the crime in this case is any person who has reached the age of 16. Thus, Art. 164 establishes the general limits of criminal prosecution. Of course, there are situations when this act is carried out by minors. In this case, such entities also bear responsibility, but under other norms of the current legislation.

What is characterized by the objective side?

The basis of any crime is action or inaction. In the case of Article 164, we are talking about an active human activity aimed at unlawfully extracting the said items from someone else's possession. In this case, it is necessary to identify several important aspects of the objective side.

First, the action must be strictly illegal. That is, the owner did not want the transfer of his property to other persons.

Secondly, embezzlement should be directed to the objects mentioned earlier in the article. If other items are stolen in the course of unlawful activities, qualification must be made under another article of the Criminal Code.

If the presented moments are not met, then the objective side is virtually absent. As we recruit, this element is mandatory as part of the crime. If he is absent, then it is impossible to incriminate the commission of an act under Article 164.

Qualified formulations (Article 164 of the Criminal Code of the Russian Federation Part 2)

The norm of the criminal law provides for the existence of certain types of theft of items of special value. Qualified formulations are provided for in Part 2 of Article 164 of the Criminal Code of the Russian Federation. To date, these include the following:

• Committed by a group of persons (organized or by prior agreement);
• Which resulted in actual destruction, destruction, damage to objects and documents of value.

Thus, these actions will have more serious consequences, which makes it necessary to create a special framework for legal liability, that is, more stringent. There are no other qualified formulations for Article 164 of the Criminal Code of the Russian Federation. Part 4 or 3 (especially qualified acts) in the context of this crime are not required. If violence was used during the theft, then the qualification will have a different character.

Conclusion

So, in the article we submitted a comment to Article 164 of the Criminal Code of the Russian Federation. It should be noted that this rule is quite important, since it protects public relations directly related to the state and its cultural basis.