What is 165 articles of the Russian Criminal Code?

In the Criminal Code of Russia there is chapter 21, which is devoted to issues of violation of property rights. Depending on the type of committed offense, punishment is provided for one of the seventeen articles it contains. The measure is set proportionally to the severity of the committed deed. For example, Article 165 deals with property damage caused to the victim.

The essence of the problem

The right to own private property to every citizen of our country is guaranteed by the Constitution. Any encroachment on him by other persons should be stopped and punished according to the law accordingly. In life, often there are situations when people, feeling to themselves a kind attitude and unlimited confidence, use it for personal, selfish purposes. It is to such cases that 165 articles of the Russian Criminal Code are devoted. This is not about direct damage to other people's property (theft), but about the fact that the owner has not received a part of the income due to him as a result of the unlawful actions of the guilty person. These acts can not be considered fraud, because the offender did not appropriately grasp someone else's property and did not seize it for the benefit of another person. He simply deprived the owner of the opportunity to get the expected income.

165 articles clearly indicate the reason why such a situation became possible. The owner was fully convinced that he had nothing to fear from the trustee. And he, in turn, taking advantage of a good attitude towards himself, committed actions that resulted in undesirable consequences in the form of lost profits. This 165 article especially focuses attention.

The amount of punishment

Article 165 of the Criminal Code in Part 1 for the commission of such actions provides for the following types of punishment :

• A fine, the amount of which can be from 300 thousand rubles to the total amount of income received by the guilty for a period of up to two years.
• Forced labor for the same period, which may be related to imprisonment for up to 12 months.
• Deprivation of liberty for up to 2 years with possible payment of a fine in the amount ranging from 80 thousand rubles to the total income for a period of up to 6 months. In this case, the application of the restriction of freedom for up to 1 year.

For each individual case, the punishment is chosen individually, taking into account all the circumstances of the case. For example, a citizen decided to visit a catering establishment, made an order for a fairly substantial amount, and then tried to leave without paying. In this case, he did not steal anything, but prevented the organization from receiving the reward due to her for the work done. Here, Article 165 of the Criminal Code of the Russian Federation is applicable in Part 1, and the punishment will depend on the amount of damage caused.

Additional circumstances

In practice, cases where the perpetrators commit their acts not alone are not uncommon.

Article 165 of the Criminal Code will be applicable to this situation if:

• Property damage was caused by several persons, between which there was a preliminary agreement, or it was a well-organized group.
• The amount of damage is regarded as particularly large.

For such circumstances, Part 2 is provided in this article. It clearly points to the fact that at the time of the commission of unlawful actions, each member of the group understood all possible consequences, that is, there was a direct intent. In addition, the perpetrators pursued mercenary goals and reached them illegally. They understood that they were abusing the trust of the owner and a premeditated deception sooner or later would lead to property damage, but continued to mislead him for personal gain. This is the subjective side of the matter. True, some sometimes confuse its signs with theft.

Expected consequences

In accordance with the Criminal Code, Article 165 of the RF in Part 2 allows the court to appoint a group of perpetrators as follows:

• Forced labor for a period of up to 5 years, which can be accompanied by imprisonment for up to 2 years.
• The deprivation of liberty for a term of up to five years and a possible fine of 80 thousand rubles to the full amount of income for a period of up to 6 months.
• Restrictions of liberty for up to 2 years.

To each participant in a criminal conspiracy, the court appoints a punishment in accordance with the share of his participation in the crime.

The amount of damage is also taken into account. After all, for some people, even a seemingly insignificant amount may be significant. For example, if a legal entity is currently in a difficult financial situation, even the minor harm inflicted by the actions of the criminal group can have for it the most serious consequences, up to complete bankruptcy. This circumstance is also necessarily taken into account by the court.