Assignment or embezzlement. Article 160 of the Criminal Code

Criminal offenses are different. It is very difficult to understand them. Sometimes you can break the law, not knowing about it, for example, taking someone else's thing and not giving it back. It seems to be not too serious, and if you think about it, it will be a crime, and a criminal nature. Therefore, today we will be interested in such moments as misappropriation or embezzlement - quite often occurring criminal acts. But what is it generally? What specific punishment do you have to bear if you committed this crime?

Terminology

What happens if the assignment or misappropriation occurs? First, you need to understand what specific violations are involved. After all, every crime must have its own definition.

The embezzlement is a kind of theft of the stranger. We can say that when you commit this crime, you completely take possession of property and somehow dispose of it: sell, give, transfer to someone. In general, do not use for your own needs.

But the appropriation is a completely different concept. It describes theft for the purpose of retaining property in its power. They took it and did not give it in time - this is a vivid example of a crime. Please note: assignment will occur before embezzlement. One without the other is unthinkable. Therefore, the article of the Criminal Code, responsible for punishment, will be unified.

Thefts are different

In order to understand exactly what is at issue, it is necessary to consider the various forms of theft. Then it will be possible to distinguish one crime from another. Although everything is not as simple as it seems. In Russia, the ways of capturing other people's property do not always clearly distinguish. But try to understand all this is worth it. But robbery is committed openly. Nobody hides their intentions.

There is such a thing as theft. It is customary to call this theft. But it's not right. By law, theft is characterized by the secret possession of someone else's property. It is secret. This is important for the corpus delicti.

Forms of theft include fraud. It is characterized by the acquisition of rights to someone else's property through the abuse of trust or deceit. The last point worth remembering is the definition of robbery. This crime is nothing more than an attack in order to obtain someone else's property. It is accompanied by threats of violence, as well as direct damage to the health of the victim.

Now there should be a marked difference between appropriation or embezzlement from other forms of theft. If it is not yet clear, it is in these two cases that the property is initially trusted by the criminal. That is, the victim himself hands over the things, but does not receive it back within the agreed time. Nothing complicated!

Money as punishment

But now you can look at the possible penalties for the act. The thing is that in Russia for this purpose Art. 160 CC. It prescribes all the rules and regulations for combating criminals who committed embezzlement and embezzlement. This is not the worst crime, so the measures are also not very serious, although tangible.

So, for example, you can expect a fine. If you have appropriated someone else's property or squandered it, you are entitled to cash payments. Their size is established by the courts, but can not exceed 120,000 rubles. Either as an alternative solution, the proceeds of the offender for a period of up to 12 months are taken. Although much depends on the circumstances.

Work work work

Have you squandered someone else's? Or maybe they just appropriated someone's property? In the absence of aggravating circumstances (about them a little later), you can get off fine. But not always. At the discretion of the court, measures are chosen that seem to be effective for a particular person. Their spectrum is limited, but it does.

For example, public works. They may be mandatory, corrective or compulsory. Not the most cruel punishment. The maximum duration of these is set within 240 hours, 6 months, 2 years. However, this type of punishment is not very common. In judicial practice, it is monetary payments that are assigned to criminals. Sometimes they are accompanied by compensation for moral damage.

Encroachment on freedom

Assignment or embezzlement, as already mentioned, are not the most terrible criminal offenses. Some people can not even think about the fact that serious punishment has been imposed for these acts. Fortunately, Russia provides for more stringent measures for these violations.

Which ones? Infringement on human freedom. It is the restriction of this to some extent capable of frightening and motivating citizens to comply with the laws. Pay attention - our today's crimes will provide the offender with a suspended sentence for 2 years, or imprisonment for a similar period of time. Please note that all this is only for acts without aggravating circumstances.

Significant damage or collusion

But what if there was an appropriation or embezzlement of property on preliminary arrangement by several persons? Or when the victim caused significant damage as a result of this crime? Will the above measures be relied upon? Not at all. After all, all this is considered an aggravation.

According to Art. 160 of the Criminal Code, the measures themselves remain the same, but their degree of seriousness increases. That is, fines will increase more than 2 times. Now, for a committed crime, you will have to pay 300,000. Or lose your income in 2 years. Also mandatory (for 15 days), correctional (1 year) and compulsory (5 years) work are provided. The maximum duration of the punishment is indicated in parentheses. It will depend on the damage done and the situation as a whole.

Features

Only this feature does not end there. Assignment and embezzlement, which are punished by various types of social labor, can additionally be interfaced with some other measures. Namely - with the restriction of freedom.

What does it mean? In addition to works of one type or another, a criminal may be ordered to limit his or her freedom. Its duration will be maximum 1 year. And nothing more. But separately the conditional term is not given if the crime was committed by agreement or was accompanied by causing significant damage to the victim.

Service position

The article "embezzlement" does not end there. In some situations, the crime is committed through the use of their official position. Or just a citizen, but on a large scale. In such cases, you will have to suffer a more serious punishment.

The thing is that embezzlement or appropriation committed in large amounts, as well as through the use of official position, is punished with a fine. Only in this case the minimum payment is 100 000 rubles (note, in the previous calculations there is no such restriction), and the maximum - 500 thousand. The court may impose a pecuniary penalty in amounts not exceeding the profits of the offender for 3 years.

Forced labor may be considered for 5 years with restriction of liberty (for 18 months) or imprisonment for 5 years with a fine (monthly earnings of the offender or 10,000 rubles), as well as with a conditional period of one year.

Another non-standard measure (it does not really occur very often) is the deprivation of the right to occupy certain positions and work in one or another field of activity. When using the official position and misappropriation / embezzlement of someone else's property, such punishment lasts 5 years. By the way, get a job after such a measure in the previously prohibited areas will be extremely difficult. Typically, the bans fall in leadership positions and work in the field of economics, politics, finance.

Organizational Activities

Assignment (Criminal Code) may be punished differently. The thing is that our today's crimes, committed on a particularly large scale, are the most serious scenario. Just like the embezzlement / appropriation by an organized group (do not confuse with collusion - these are different concepts).

In such circumstances, only deprivation of liberty is required. And no other measures are envisaged in the current Russian legislation. Criminals are imprisoned for 10 years (this is the maximum). As a "bonus," you can assign a cash payment of up to 1 million or limit your freedom after being released from prison for 24 months. Just these measures most scare the population. But the judicial practice of misappropriation and embezzlement usually faces either a crime without aggravating circumstances, or when it causes significant damage to the victim.

Comments

A huge role is played by the comments on the article in question. They help to understand many features of crimes. For example, they disclose the composition of these and indicate the minimum age of the defendant. The criminal responsibility for misappropriation / embezzlement comes from 16 years. It is important: the citizen must be legally capable, otherwise there will not be any part of the crime.

Why? All because of the fact that a person appropriates and spends other people's things consciously. This is an important point. Usually a citizen has some purpose, motivation, malicious intent. How to understand that this component took place? If the offender had the opportunity to return the property to the owner, but he did not do it, then there was intent. But the absence of this does not constitute a crime.

On this interesting and important points do not end. Please note that if the defendant has fully compensated the victim for the damage caused, the offense is not excluded. That is, this is not the reason for the termination of the case. Evil intention still takes place.

The comments indicate when it is possible to consider the crime committed on an especially large scale. This is important to understand. According to the law, if the value of the property exceeds 250,000 rubles, the waste or appropriation is recognized as being committed on an especially large scale.