Theft. Article 158 of the Criminal Code

Theft is perhaps the oldest methodenrich those individuals who want to achieve an increase in personal wealth in a quick way at the expense of someone else. Assigning someone else illegally is called "theft". Article, which threatens a person who stepped on the path of theft - 158 of the Criminal Code.

And this article says that the kidnapper is threateneda fine of 200 to 700 minimum wages or transfers of wages or other income for 2-7 months. In some cases, a convicted person is punished with compulsory work for a period of 180 to 240 hours, or correctional labor from one to two years.

Also, the court may decide to arrestthe offender for a period of four months to six months, or even deprive them of liberty for a period of up to three years. But these punishments can only apply to a criminal who has committed unlawful action alone and for the first time, and also without penetrating into someone else's home.

The use of the same threats or violence during the seizureforeign material assets for the purpose of unlawfully mastering them leads to the fact that another article enters into force. Theft is a secret appropriation of a stranger, and in the cases described, there is a crime that is regarded as robbery.

Is it possible to call theft a crime ifthe criminal seizes other people's property with the consent of the victim himself? For example, a fraudster deceives the victim with false assurances or other deception.

The law says that in such cases, althoughthere is an appropriation of someone else's good, but it is not done secretly, but by deception, fraud. Therefore, an article for theft is no longer applicable to this crime. This case should be considered already as fraud.

It should also take into account the fact that the group andThe repeated theft is condemned by the court much more seriously than in the case described above. Extremely exacerbating the punishment of criminals illegal entry into the premises (whether housing, storage, cellar) with violation of locks, doors or windows, roofs or walls.

This crime is also a theft, an article on thisthe type of violation of the law also in the Criminal Code of the Russian Federation is located at number 158. But this subparagraph of the article assumes an administrative penalty of 700 "minimalok" and up to 1000 or the payment of monthly earnings for convicted persons from seven months to a year.

If there is a theft, Article 158 allows the courtpunish thieves up to deprivation of their liberty for a period of two to six years with the payment of a fine amounting to 50 minimum wages. Although sometimes the penalty for the appointment of penalties is missed.

Often the court considers it necessary to plantthe criminal in prison for a term of five to 10 years with the confiscation of his property or without it. Usually such a serious term for a crime falling into the category of "Theft. Article 158 of the Criminal Code of the Russian Federation ", is appointed to persons who committed group theft with a certain organization of the gang in a large amount. Or in the event that the thief had already been tried for theft, extortion, robbery or fraud.

Is it possible to classify a crime as possessionother people's property in the event that the thing was found face-to-face? Is it possible to call theft a case when the valuables of a minor or an incompetent citizen are seized? And how to evaluate this action, if the victim (minor or incompetent) at his own discretion transfers the property to outsiders?

Most likely, finding things that do not havesigns that indicate their belonging to someone, can not be called stealing. But the find of a purse with money, in which lies a note with an address or some document, or a phone with the numbers written in it, and also the appropriation of these items already qualifies as a crime. Unfortunately, it is quite difficult to prove the fact of misappropriation.

Receiving the same values ​​from a legally incompetent or underage citizen can be considered a fraud.