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Article 158 part 3 of the Criminal Code: comments

Description of the specially qualified composition of theft with indication of aggravating circumstances is given in Part 3 of Art. 158 of the Criminal Code. The circumstances that increase the degree of danger of this crime for society include the commission of a criminal act on a large scale, or with penetration into a home illegally, or from a gas, oil or oil product pipeline. Read further in the article about what sanctions are imposed by the law for theft, comments by the competent authorities, and examples from practice.

What is stealing?

In accordance with the law, theft is treated as theft of property committed in secret. This definition includes, among other things, an attempt against property of any form. Particularly emphasized is the fact that for a kidnapper, property must be a stranger. Depending on the method of commission and the nature of the crime, its composition may be qualified or specially qualified (Parts 2 and 3 of Article 158 of the Criminal Code, respectively).

The Supreme Court of the Russian Federation repeatedly emphasized the fact that it should be understood under the secret embezzlement of property. Theft is an illegal seizure of a thing. It is done, as a rule, in the absence of the owner of the property, its owner, as well as strangers. The deed can be carried out in the presence of the said persons, but is always invisible to them.

General characteristics of the composition

The composition of theft by design is material. The obligatory sign characterizing its objective side is the consequences that are dangerous for society, namely property damage. The crime is recognized completed from the moment when someone else's property was seized by the guilty person and he was given the opportunity to dispose of them at his own request.

The subjective side of all the types of theft, including those qualified under Part 3 of Art. 158, is characterized by direct intent. In addition, the criminal is always guided by a selfish goal or motive.

Penetration into the dwelling: the interpretation of the legislator

Under the dwelling is meant an individual dwelling house with non-residential and living quarters that are part of it. The fact, on which property right it belongs to the victim, does not matter. However, the house must be included in the housing stock and be in a dwelling (permanent or temporary) condition. Details of the home are stated in the note to art. 139 CC. In accordance with it, any other structure or premise can also be considered a dwelling. The main condition: it should be intended for a short stay.

Penetrating into the dwelling (Article 158 p. 3 p. "A"), the legislator interprets in the same context as the penetration into the vault, the premise. These actions include an invasion (open or secret), the purpose of which is to commit theft of someone else's property.

Comments on paragraph "a" of Part 3 of Article 158 of the Criminal Code

Immediate intrusion into the home must always be preceded by a specific goal. For example, a person was legally located in a room and initially had no intention of committing a crime. However, at some point a person came up with the idea of stealing someone else's property, and he committed it. To qualify under item "a" of the third part of art. 158 his actions in this case can not be.

Penetration can be carried out with suppression of resistance by people, destruction of locks and other locking mechanisms. It can manifest itself not only in physical invasion, but also in theft of property through various tools and devices.

Case Studies

  1. Guilty, passing by the victim's house on a bicycle, noticed on the windowsill a bundle and decided to kidnap him. For this he stopped, reached out his hand and took the right thing. Qualify his actions under Part 3 of Art. 158 can not be, because the theft was committed by taking the object away, but without entering the house or using any special devices. A similar situation occurs when people are abducted from balconies, especially those located on the 1st floor, as well as from store rooms and cellars of apartment buildings. The court does not include in the concept of "dwelling" outbuildings: garages, barns, cellars, etc.
  2. The citizen was accused of committing the theft, committed in the following way. Removing the glass from the window of the house, he with the help of a special metal hook took out and stole ten bottles of vodka. The court qualified the actions of the perpetrator under Part 3 of Art. 158 and acknowledged the fact of his penetration into the dwelling.

The large size is how much?

One of the especially qualified signs of the composition according to the analyzed norm is the commission of secret theft in a large amount. An indication of the exact amount of such an amount is contained in the note to art. 158 CC. A large size should be considered the value of stolen property, exceeding 250 thousand rubles. This amount has been repeatedly changed. So, until 2002 it was calculated in the minimum wage.

Qualification features

When qualifying a criminal act under item "c" part 3 of Art. 158 CC RF is required to take into account some factors. When determining the amount of damage, the authorized bodies should proceed from the actual value of the property at the time of the theft. If there is no reliable information about this, you need to contact the experts.

The failure to recover the value of the stolen property is the basis for the termination of the case because of the absence of the composition. Let us give an example from practice. The accused was convicted under part one of Art. 158 and part 3 of Article 30 of the Criminal Code. The verdict indicates that the court found him guilty of having entered the car. The reason for which he was unable to complete his criminal actions was the arrival of the police squad. The criminal was detained. During the preliminary investigation, the police could not determine the value of the property, which he attempted, as it was not clear what exactly he intended to kidnap. This was the reason for the cancellation of the verdict and the termination of the criminal case.

The damage for several episodes of theft can be summarized. However, this is done only in cases specified by law. The perpetrator must commit several thefts, covered by a single intent. When the total value of the stolen property exceeds the amount of small-scale theft, the actions of the offender are qualified according to part 3 158 of the Criminal Code article. This part of the article is not imputed in cases where the thefts are separated from one another and the intention for each of them appeared separately.

The secret theft of property, the value of which falls under the definition of "large size", should be delineated in qualifying for a similar offense under article 164 of the Criminal Code. This provision provides for criminal liability for the theft of items of special value (historical, cultural, etc.).

Theft from a gas, oil or oil product pipeline

Responsibility for this crime provides for item "b" part 3 of Art. 158. The implication is secret theft of oil products (fuel oil, gasoline, diesel fuel, etc.), oil or gas from any structural link of the system designed to transport these products to the consumer from the place of their extraction or processing. Theft is expressed in an illegal connection to the main pipeline or its branches.

In judicial practice cases of qualification of a criminal act on a set of part 3 of Art. 158 and art. 215.3 of the Criminal Code. This is the case when the pipeline, as well as related communication facilities, technological objects, automation facilities, alarm systems, are damaged or damaged during the theft.

Punishment on Part 3 of Art. 158 CC

In the event that a criminal act is qualified as part of the third art. 158 of the Criminal Code, one of the following types of sanctions is assigned:

  • A fine from 100 thousand to half a million rubles or in the amount equivalent to the salary of the convicted person, as well as any other of his income for the period from one to three years;
  • Up to 5 years of compulsory labor with an additional sanction in the form of restraint of liberty for up to 1.5 years or without it;
  • Up to 6 years of deprivation of the convicted person of liberty with additional punishment in the form of a fine of up to 80 thousand rubles or in the amount equivalent to the salary of the convicted person, as well as any other of his income for a period of up to six months, or restriction of freedom for up to 1.5 years or without .

Amnesty under art. 158 part 3 of the Criminal Code: will or will not?

According to the Criminal Code, an amnesty is a special act issued by the State Duma with respect to an indefinite circle of persons. In accordance with it, citizens who have committed criminal acts can be released from criminal liability, and from the persons convicted for the crime it is possible to withdraw the punishment (in whole or in part). The act of the State Duma may also change the sanction (for example, the term of imprisonment has been shortened). It is also possible to withdraw additional sanctions.

It is difficult to say unequivocally whether an amnesty will be granted under Part 3 of Art. 158 in 2017. The fact of the adoption of the act is still in doubt. As a rule, amnesty is timed to coincide with a holiday or anniversary. So, in 2015, on the occasion of the anniversary of the Victory in the Great Patriotic War, about 10% of the total number of prisoners in Russia was released ahead of schedule. However, Part 3 of Art. 158 did not fall under the amnesty.

At the moment, the authorities do not make promises, but despite this, amnesty seems a reasonable prospect. Reflections on its expediency are connected, first, with the economic situation in the country. In all state departments there is a financial decline, and the content of one convict costs the treasury 100 thousand rubles a year. According to data at the beginning of 2017, in Russia the number of prisoners reached 630 thousand people.

Secondly, in recent years the number of employees of the service of execution of punishment has decreased by thirty thousand people. It is possible that an amnesty will be held to save budget resources.

Even if the government's decision is positive, the act will by tradition not affect prisoners who are involved in committing crimes dangerous to society (serious and especially serious): rape, armed attack, etc. Most likely, by analogy with 2015, does not fall under the amnesty and Part 3 of Art. 158 CC.

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