Punishment for car theft in Russia

Punishment for car theft

Good afternoon, dear reader.

Unfortunately, car thefts in Russia occur quite often. Statistics on the theft of several thousand cars are published annually, so this phenomenon cannot be ignored.

Previously, pddmaster.ru published articles on how to protect a car from theft and what to do if a car is stolen.

Today we will consider penalties for theft, theft and other illegal actions with a vehicle. You will learn:

What is the difference between car theft and theft?

Let's consider two articles from the Criminal Code of the Russian Federation:

• Article 158. Theft.
• Article 166. Wrongful seizure of a car or other vehicle without the purpose of theft.

Each of these articles can be attributed to the taking of a vehicle, however, the penalties for these articles vary. Therefore, before moving on to considering them, you need to understand the difference between car theft and theft:

Theft is the unlawful taking of a car or other vehicle without the purpose of theft.

Theft is the secret theft of someone else's property.

Those. theft involves the theft of property, but theft does not involve theft. It remains to understand what theft is. Let us turn to the note to Article 158 of the Criminal Code of the Russian Federation:

1. In the articles of this Code, theft refers to the illegal gratuitous seizure and (or) conversion of someone else’s property for the benefit of the perpetrator or other persons, committed for mercenary purposes, causing damage to the owner or other holder of this property.

So, if an attacker takes possession of a car for the purpose of selling it, selling it for parts or using it for personal purposes, then this is theft. If the attacker's goal was to get somewhere, i.e. “to go for a ride”, then this is theft.

Please note that the above describes a situation in which a car is stolen secretly, i.e. the owner is not present. In practice, you can sometimes encounter cases of robbery (open theft of property - Article 161 of the Criminal Code of the Russian Federation) and robbery (attack with violence dangerous to life or health - Article 162 of the Criminal Code of the Russian Federation). The penalties for these crimes will also be discussed below.

What is the penalty for car theft in Russia in 2019?

In our country, approximately 25 thefts per 10,000 cars are recorded annually. Although the punishment for car theft in Russia is quite serious, most such crimes are not solved. This cannot but upset us, but today we will not talk about vehicle safety, but about the legal aspects of the problem.

How does the Criminal Code treat theft?

The meaning of the concept of “hijacking” is revealed by Article 166 of the Criminal Code. We are talking about the unlawful taking of a car or other vehicle without the purpose of intentional theft. That is, in this case, the criminal took the car for a while and does not intend to own it.

What vehicles are we talking about?

The interpretation of theft in the specified article of the Criminal Code says that we are talking not only about cars, but also other vehicles. In traffic rules, a vehicle is defined as a device designed to transport people, goods and equipment on roads. But the Criminal Code considers the issue more broadly, because such devices can move not only on roads. In other words, it could be:

• passenger car and truck;
• motorcycle and moped;
• self-propelled, agricultural and road equipment;

It doesn’t matter who the owner is, the type, model and purpose of the vehicle will also not affect the court’s decision.

That is, liability is provided for the theft of both a training vehicle and an ambulance.

What is the difference between theft and theft

The Criminal Code classifies theft as secret theft of property. The note to Article 158 states that theft should be understood as the gratuitous illegal seizure and/or use of someone else’s property for the attacker’s own selfish purposes. So, the difference is in the goals of the criminal. If he decided to enrich himself at your expense, it means he committed theft. If you took the car for a ride, it was stolen.

Why is it important to distinguish between theft and theft?

The difference in classification does not seem to matter. But this is up to a certain point. When it comes to CASCO payments, the wording will matter: as a rule, cars are insured not against theft, but against theft.

When an action is classified as theft

We will discuss below what the punishment for stealing a vehicle with the intent to steal will be. In the meantime, you need to understand when taking possession of a vehicle is regarded as a crime. We are talking about the following cases:

• The attacker moved the vehicle. If the car is left in place, it cannot be considered stolen by definition.
• The criminal does not have documents confirming the right to drive this vehicle.

An act committed by:

• a relative or a person registered in the MTPL or having a power of attorney;
• a new owner if the vehicle is not registered within the time limits established by law;
• full-time or hired driver.

That is why, immediately after a car goes missing, the police open a case of theft, and only ten days later they reclassify it as theft.

What types of theft are there?

Theft can be committed secretly or openly. In the latter case, the law establishes a more severe degree of responsibility for the crime, and the judge makes a decision taking into account the circumstances of the commission. So, the following types of theft are considered:

Extortion occupies a special place among such crimes. It does not directly relate to theft, but it is similar in essence and result.

Liability for illegal actions with a vehicle

The legislation distinguishes between crimes committed against vehicles and their owners. Accordingly, the punishments will be different.

The punishment for this crime is determined by Article 166 of the Criminal Code. When a car is stolen without the intent of theft, a citizen is charged with:

• fine up to 120 thousand rubles. In relation to prisoners, we can talk about the amount of salary or any other income for 1 year;
• imprisonment up to 3 years;
• arrest up to 6 months;
• forced labor or imprisonment for up to 5 years.

Why such a spread? The judge takes into account the circumstances and consequences, that is, the severity of the crime. In some cases, it really doesn't make sense to punish too harshly.

In Art. 158 of the Criminal Code provides a list of punishments provided for secret theft committed for personal gain by one person:

• fine – up to 80 thousand rubles, and for a prisoner – in the amount of salary/other income for a period of up to 6 months;
• compulsory work – up to 360 hours;
• correctional labor – up to 1 year;
• arrest – up to 4 months;
• forced labor or imprisonment - up to 2 years.

For theft committed by agreement by a group of persons or causing significant damage, the liability is naturally stricter:

• a fine of up to 200 thousand rubles, and for a convicted person - in the amount of salary/other income for 1.5 years;
• compulsory work up to 480 hours;
• correctional labor for up to 2 years;
• forced labor or a prison term of up to 5 years.

Such a crime, but as part of an organized criminal group, is punishable by imprisonment for 10 years and at the same time a fine of up to 1,000,000 rubles, and for a convicted person - in the amount of salary/other income for 5 years.

In Art. 161 of the Criminal Code lists the types of liability for open theft:

• compulsory work up to 480 hours;
• correctional “occupational therapy” for up to 2 years;
• restriction of freedom for 2-4 years;
• forced labor for up to 4 years;
• arrest up to 6 months;
• prison term up to 4 years.

The following were determined for robbery by a group of persons:

• forced labor for up to 5 years;
• imprisonment for up to 7 years and a fine of up to 10,000 rubles.

If they prove the involvement of an organized group, the punishment will be different. From 6 to 12 – that’s how many years they give for robbery as part of an organized crime group. Moreover, in this case, a fine of up to 1,000,000 rubles is added to the prison term, and for the prisoner - in the amount of wages or any other income for 5 years.

For assault with the purpose of theft, committed with the use of violence or threats, Art. 162 of the Criminal Code, which provides:

• forced labor for up to 5 years;
• imprisonment for up to 8 years and a fine of up to 500 thousand rubles.

For a group crime, the law provides for imprisonment of up to 10 years and a fine of up to 1,000,000 rubles. Robbery committed by an organized group is punishable by up to 12 years in prison, and if grievous bodily harm is caused, the term can increase to 15 years.

Circumstances under which the theft took place

Of course, the court is obliged to take into account all the circumstances of the commission of any crime, including theft. This is the only way to make a fair decision. The judge will definitely take into account:

• whether the offender was sober;
• age of the accused;
• whether criminal acts were committed as part of a group;
• damage to the owner of the car (cost of the car);
• whether weapons were used, and so on.

Drunk

If the attacker was drunk at the time of committing the crime, he is not exempt from liability (Article 23 of the Criminal Code). Intoxication cannot be unequivocally regarded as an aggravating circumstance, since it is not noted in Art. 63. It is likely that the judge will take into account a combination of factors.

Juvenile delinquent

Responsibility for criminal offenses begins at the age of 14. As a punishment for minors, imprisonment is applied from the age of 16. Cases of juvenile offenders are considered in a special manner. If the injured party agrees to compensation, the case is terminated.

All the circumstances of what happened are clarified, and repentance is taken into account. More often the sentence is a suspended sentence or forced labor. If a teenager works, they are limited to a fine. In other cases, parents and guardians bear financial responsibility. But in case of repeated violation, the maximum penalty cannot be avoided.

Gang crime

For a theft planned by a group of people, you face:

• a fine of up to 200,000 rubles, and for a convicted person - in the amount of salary/income for 18 months;
• forced labor for up to 5 years;
• imprisonment up to 7 years.

If the case involves an organized group or the crime results in damage on a particularly large scale, the penalty is imprisonment for 10 years. And in the case of violence or threats, the term increases to 12 years.

Attempted hijacking

Entering a vehicle without subsequently moving it is regarded as attempted car theft. By breaking locks and alarms or breaking glass, the criminal gets in, but does not leave. This happens when he is scared or blocked and then detained.

In this case, the punishment will be determined by intent, characteristics of the accused and whether he has a criminal record. The judge can make the most severe decision based on Articles 29 and 30 of the Criminal Code, which determine liability for an unfinished crime. However, the possibility of an agreement between the parties cannot be ruled out - payment of compensation for moral and material damage is widely used in practice.

Use of weapons

When committing such crimes, it is important not only to use violence, but also to demonstrate a threat. Any weapon that can be used to inflict non-life-threatening injury will be considered a weapon, from a crowbar or gas pistol to a combat machine gun. This also includes poisons, hypnotics, psychotropic substances and poisons.

When causing serious injuries, the crime is qualified under Art. 111 of the Criminal Code, and in the event of the death of a person - as murder. In case of a group crime, one person can use a weapon, but additional responsibility will fall on everyone.

How is the amount of damage determined?

The amount of damage is determined depending on the results of an expert assessment of the value of the car at the time of theft. How this is done is a subject for a separate discussion.

In accordance with our legislation, damage from 250 thousand rubles is considered major, and especially large – from 1 million.

In other words, if the car is valued at less than a quarter of a million, it is still possible to reach an agreement with the owner, but if it is more, it is unlikely. Vehicle owners need to know that lost profits and other indirect losses are not taken into account in court. For the intentional destruction of someone else's property, liability is provided for in Article 167 of the Criminal Code.

How is the degree of attempt on life during theft determined?

How dangerous the violence was, the threat to the life and health of the victim, is determined by a forensic medical examination. The final decision is made by the court. As a rule, we are talking about minor harm, which means infliction of physical and psychological pain, confinement and other methods of influence that did not lead to short-term health problems.

Violence can be used against the owner, his relatives and even random witnesses. Mental violence consists of banal intimidation.

What should a car owner do after theft?

If you don't find your car in the usual place, don't panic. She may have been towed for a parking violation. If it has become reliably known that the car has been stolen, it is necessary to immediately take measures to return it.

First of all, you need to call the police, then the dispatcher of the satellite communication system and the insurance company.

While the police are on the way, it is recommended to fence off and inspect the parking area, search for and interview witnesses. Then you will have to tell the law enforcement officers what preceded the abduction and write a statement. All you have to do is get a coupon, a certificate and wait for the search results.

Conclusion

We examined in detail what liability is provided for by law for theft. As conclusions, we note the following points:

1. Theft is not the most serious crime, but no one is allowed to break the law.
2. Legislation protects all types of transport from any illegal actions.
3. It is important to understand the difference between different actions classified by law depending on the goals, circumstances of the crime committed, methods of realizing the stolen property, and the severity of the consequences.
4. The law pays special attention to crimes committed with weapons.
5. You need to act immediately after discovering the theft.

What are the dangers of car theft: video

Practicing lawyer with 10 years of experience. Specializations: criminal law, insurance law, administrative offenses.

Punishment for theft, car theft, term, fine, article, difference between theft and theft

Regardless of the purpose of taking possession of someone else's car, the persons involved in this case are subject to criminal liability. Of course, a victim who experiences strong negative emotions due to the loss of a car is not too concerned about the qualifications of the actions of the attackers. Meanwhile, whether a vehicle was stolen or stolen is an important question and affects a number of circumstances.

Theft or theft?

In investigative and judicial practice, situations often arise when the distinction between theft and theft is so blurred that it is difficult to determine the correct qualification. The difference between theft and theft:

• Theft - the purpose of taking possession (without theft) of a car is temporary, without planning to sell, disassemble the car, or turn it into your own property.
• Theft - at the same time, the intent may initially arise to take possession of the vehicle, and then the criminals change their minds; at first it is regarded as theft, then as theft. For example, an attacker steals a car in order to drive it, but two days later he breaks the identification number, after which he tries to sell the car. In this case, a selfish motive is convincingly traced, since planning actions ultimately leads to the hijacker’s profit, which is regarded as theft.

Threats, violence

• theft can be carried out using violence or threats
• whereas theft is always a secret seizure, so violence is excluded.

Is the crime planned?

• Hijacking is rarely carefully planned. Basically, this is a spontaneous crime when you want to go for a ride, feel like driving a prestigious car, etc. In some cases, an accompanying motive for taking possession of a car is hooliganism, self-indulgence (especially among minors), or an argument. For example, two technical school students argued whether one of them could start someone else’s car without keys and drive it around the house. It would seem that ridiculous behavior does not entail any significant negative consequences, but the law regards the actions of the person who has taken possession of the car as theft.
• Theft - when committing theft, usually the actions of stealing a vehicle are carefully thought out in advance;

Even a small movement is considered theft

Responsibility for theft occurs even in cases where the car has moved several meters. For example, two people were planning to steal a car in order to drive it to a neighboring village. The car started, but after 100 meters it stalled due to a malfunction that the criminals did not know about. In this case, it will be difficult to prove the theft, but they will have to answer before the law for the theft.

In case of theft, the theft of some spare parts is regarded as theft

Taking possession of a car for the purpose of appropriating even part of it (wheels, for example) is regarded as theft. Also, theft will be considered the actions of the perpetrators in demanding a ransom for the return of the car.

Why is it important to distinguish between theft and theft?

At first glance, it does not matter for the victim under which article of the criminal law the case was initiated - for car theft or theft. Qualification is important for those whose car is insured under CASCO:

• Theft - insurance payment as a result of the loss of a vehicle can only be received in the event of theft. To confirm the fact of theft, you must bring a copy of the decision to initiate a case to the insurance organization.
• Theft - if the police opened a case of theft and did not subsequently reclassify it as theft, then the insurance payment will be denied.

Typically, law enforcement agencies issue a decision to reclassify the crime as theft if 10 days since the theft and the car has not been returned. In this case, the logical conclusion is that the intent of the person who took possession of the vehicle was aimed at theft (see what to do if a car is stolen).

Punishment for theft

Depending on the qualifying criteria, liability for theft may vary:

• If the theft was committed by one person, then under Part 1 of Art. 166 of the Criminal Code of the Russian Federation, he may be subject to a fine of up to 120,000 rubles, restriction of freedom or imprisonment, a maximum term of 5 years. If the accused has compensated for the damage and returned the car, then reconciliation is possible if the victim requests it;
• The commission of a crime by two or more persons entails an increased sentence for theft to 7 years in prison (Part 2 of Article 166 of the Criminal Code of the Russian Federation). The same punishment awaits those who used violence or threatened violence, inflicting beatings or minor bodily injuries while taking possession of a car;
• When a stolen car is very expensive. In this case, if the car was valued at more than a million rubles, the actions of the perpetrators will be classified under Part 3 of Art. 166 of the Criminal Code of the Russian Federation, punishment in the form of imprisonment (without alternative) in the amount of 10 years;
• If violence is used that is dangerous to the life of the driver (moderate or serious bodily injury), then the offender faces up to 12 years in prison. In some cases, when the victim died, the act is subject to qualification under Part 4 of Art. 111 and part 4 of Art. 166 of the Criminal Code of the Russian Federation in its entirety.

Punishment for car theft

It is difficult to say how many years they give to anyone who secretly steals a car. This depends on the age of the defendant, the presence or absence of outstanding convictions, and additional qualifications:

• when a car is stolen, the cost of which does not exceed 250,000 rubles , there is a chance to reconcile with the victim by compensating for the damage;
• additional signs of qualification provided for in Part 3 of Art. 158 of the Criminal Code of the Russian Federation (entering a home, causing damage in the amount of 250,000 rubles) provide grounds for sentencing the guilty person to imprisonment for a period of 6 years ;
• for theft committed by a citizen who is part of an organized group, a court may impose a sentence of 10 years in a colony.
• also up to 10 years if damage exceeds a million rubles.

Question answer

According to Russian legislation, criminal liability for theft begins at the age of 14, so one of the teenagers who is involved in the unlawful taking of your car will be prosecuted under Article 166 of the Criminal Code of the Russian Federation. In this case, taking into account the current judicial practice, the remaining hijackers cannot be held accountable for their actions due to their age. In this case, you can file a claim in court for compensation for damage caused, where all participants can be named as defendants. If the claims are satisfied, the parents will bear civil liability for the children.

The actions of the criminals who stole your vehicle contain signs of not only theft, but also theft. You need to contact the police with a statement indicating whose equipment was stolen and under what circumstances, its value and purpose. All this information can be provided in one statement where you reported the theft. The perpetrators will be held liable for a combination of crimes: under Article 166 of the Criminal Code of the Russian Federation (for theft) and under Article 158 of the Criminal Code of the Russian Federation (for theft of equipment).

According to the clarifications of the Supreme Court of the Russian Federation, a moped (like a bicycle, horse-drawn vehicles, non-motorized boats) is not a vehicle and cannot be the subject of theft within the meaning of Article 166 of the Criminal Code of the Russian Federation. At the same time, since damage was caused by the actions of the persons who took possession of your property, the case must be initiated based on the fact of theft.

The qualification rules under Article 166 of the Criminal Code of the Russian Federation (theft) imply unlawful taking of a car, that is, against the will of the owner. In your case, criminals, without the consent of the owner and at the same time using him as a driver, took possession of the car using weapons. Their actions will constitute a crime under Part 4 of Art. 166 of the Criminal Code of the Russian Federation, the accused faces up to 12 years in prison.

Car theft: article and sentence

Car theft is the unlawful taking of a car or other type of vehicle without the purpose of theft. The commission of an act entails punishment under Article 166 of the Criminal Code of Russia. But in order to bring a person to legal responsibility, it is necessary to confirm the motives of the crime, the circumstances of the commission, as well as the consequences that occurred.

Theft concept

As noted above, car theft is a criminal offense, the punishment for which is provided for in Article 166. The actions of the guilty person will be considered criminal if the following signs are present:

1. The suspect took possession of part of the vehicle or the entire object.
2. The goal is possession, not theft (just “riding” is enough).
3. It is not necessary to leave by car (towing, pushing, other transportation - also theft).

Difference from similar articles

When deciding on a punishment, the article under which the actions of the guilty person are qualified is taken into account, therefore it is necessary to understand the types of crimes that are similar to theft, but provide for a different punishment and fix responsibility under another article of the Criminal Code of Russia. In particular, the actions of a guilty person are recognized as car theft only after confirmation of the motive. A similar criminal offense is theft of a vehicle.

The following types of taking will not be recognized as theft:

• use of a car by a close relative, acquaintance, former spouse who previously received (or had reason to believe that he had the right to) a permit to drive a vehicle;
• operation of a company car by a company employee.

Attention! If, along with the theft of a car, a person stole property that was in the car (for example, a radio was stolen and sold, then additionally the actions are qualified under Article 158 - theft).

Additionally, it is necessary to distinguish theft (provided for in Article 166 of the Criminal Code of Russia) from the following types of violations:

1. Fraud, that is, obtaining property rights to transport by deception or abuse of trust of the injured party. Punishment is applied on the basis of Article 159 of the Criminal Code of the Russian Federation, depending on the value of the stolen property and other conditions. For example, the most severe punishment for theft of vehicles worth over a million rubles is up to 10 years in prison.
2. Robbery is the open taking of a car without the use of weapons or brute force (threat of physical violence). This means that the offender was aware that his criminal actions were obvious to the owner or other people around him. Liability is established under Article 161 of the Criminal Code. The maximum penalty is up to 12 years in prison.
3. Robbery, that is, open seizure of a car using weapons or physical force (the threat of using it). The punishment will be imposed under Article 162 of the Criminal Code of the Russian Federation, with a maximum of up to 15 years in prison.

Corpus delicti

A suspect can only be brought to justice if his actions contain all the signs of a crime committed - theft, which are discussed below.

1. The guilty person is the subject

A person who meets the following criteria can be held accountable:

1. Individual (criminal punishment of organizations is impossible).
2. Sanity (the absence of a stable or temporary mental disorder that interferes with awareness of one’s actions).
3. Reaching the age of criminal responsibility is 14 years.

Attention! If during pre-trial proceedings it is established that the offense was committed by a minor citizen (that is, under 14 years of age), then other measures will be applied to him. Registration with the police is mandatory.

2. Attitude towards an unlawful act - the subjective side

Punishment for car theft is imposed only if the person committed the actions intentionally, that is, he understood that he was violating the law and the rights of others, but deliberately wanted unlawful consequences to occur.

3. Committing actions aimed at unlawfully taking possession of a car - the objective side

All actions aimed at taking possession of a car or other type of transport entail liability for theft. According to the Supreme Court Resolution No. 25, activation of the engine is optional, that is, punishment will be applied for the following types of actions:

• rollback;
• transportation by other transport;
• towing;
• hacking the system and leaving.

In addition, it is necessary to confirm the presence of the following mandatory characteristics:

1. Illegality , that is, the person at fault did not obtain permission to use the transport and had no reason to believe that such permission had been granted.
2. Confirmation of a motive that is not related to theft.

Important! The crime is considered completed from the moment the location of the vehicle changes. Even moving a few meters by any of these methods will be regarded as theft, which entails liability under Article 166 of the Criminal Code.

4. Object and types of transport, the possession of which entails punishment

Object – the ownership right of the owner of the vehicle. The subject of the crime may be a car or other vehicle. The category of other transport includes all mechanical modes of transport, namely:

• urban transport (trams, buses, trolleybuses);
• two-wheeled transport (mopeds, motorcycles);
• ATVs;
• agricultural machinery;
• construction self-propelled machines.

The full list and requirements for transport are indicated in the contents of the Resolution of the Supreme Court of Russia No. 25 of 2008 (hereinafter, Plenum of the Supreme Court No. 25).

Punishment for car theft

Punishment is applied only by the court after the completion of the pre-trial investigation and after the end of the trial of the case, the establishment and documentary recording of the circumstances of the crime.

Responsibility for the crime depends on the part of the article, which indicates aggravating features for which a more severe punishment is established.

According to Part 1 of Art. 166 punishment for “simple” unlawful taking of a vehicle without the purpose of theft:

• a fine of up to 120 minimums or no more than the total income of the guilty person for one year of work;
• restriction of freedom for no more than 3 years;
• forced labor for a maximum of 5 years;
• arrest up to 0.5 years;
• imprisonment for up to 5 years.

According to Part 2 of Art. 166 for actions committed by a group of persons (two or more people) by prior conspiracy or theft with the use of violence not dangerous to health (threat of using it), liability is stricter:

• a fine of up to 200,000 rubles or the amount earned by the suspect for one and a half years of work;
• forced labor for five years;
• imprisonment for no more than seven years.

Under Part 3, if committed by an organized group or causing particularly large damage, the punishment is imprisonment for up to ten years.

Under Part 4, for the use of violence dangerous to health (the threat thereof), imprisonment for a term of no more than 12 years may be imposed.

Attention! The theft of a police car is not grounds for applying more severe liability, that is, the punishment is imposed under one of the specified parts of the article. But, depending on the motive, the court may accept this as an aggravating circumstance.

Aggravating and mitigating circumstances

Depending on the circumstances of the crime, the court may impose punishment, but only within the limits provided for in the article. The chosen type of punishment is influenced by the attitude of the guilty person to the crime, reconciliation of the participants, and compensation for losses.

Additionally, the court may take into account circumstances that influence the choice of a more severe punishment, but only within the framework of the article (aggravating - specified in Article 63 of the Criminal Code of the Russian Federation). Also, those conditions that, on the contrary, alleviate liability (mitigating - specified in Article 61 of the Criminal Code of the Russian Federation) can be taken into account.

Drunk driving

The Criminal Code of the Russian Federation in some articles directly indicates the state of intoxication resulting from the use of alcohol, drugs or other potent, intoxicating and other similar drugs and drugs as an aggravating circumstance. The article in question 166 is not one of them.

However, Part 1.1 of Art. 63 of the Criminal Code of the Russian Federation (Aggravating Circumstances) provides the court with the opportunity to recognize the commission of a crime while intoxicated as a sign that aggravates responsibility. In doing so, he must take into account a number of circumstances, such as the social danger of the act, the circumstances in which it was committed, the personality of the person held accountable, and also motivate his decision in the verdict.

That is, the fact of driving while intoxicated in itself is not a basis for recognizing it as an aggravating circumstance.

Punishment for kidnapping of minors

If a minor took part in the hijacking, then all types of liability provided for in Article 166 will be applied to him, but to a lesser extent. The types and limits of these punishments are given in Art. 88 of the Criminal Code of the Russian Federation.

In addition, the following types of sanctions may be applied to minor offenders:

• compulsory educational measures;
• placement in special closed-type correctional (educational) institutions.

If the perpetrator is under 14 years of age, the impact occurs in accordance with the provisions of Federal Law No. 120 of June 24, 1999. As a measure of liability, placement in special educational institutions of open or closed type may be used.

Attempted hijacking

If a person began to carry out actions aimed at stealing a car, but then he himself refused to commit a crime (theft) provided for in Article 166 of the Criminal Code of the Russian Federation, then his actions can be regarded as a voluntary renunciation of the crime.

Punishment, in this case, may be imposed depending on the consequences that occur. That is, instead of an article for hijacking, a different punishment may be imposed, depending on the corpus delicti and the violation committed. For example, if the actions are stopped after breaking the lock, then an article for causing damage to someone else’s property may be applied.

An attempted theft (or, in legal language, an attempted theft) can be considered a situation where the offender stopped unlawful actions aimed at taking possession of the car due to circumstances beyond his control. For example:

• appearance of the owner or witnesses;
• it was not possible to open the locks or disable the alarm.

Important! In case of an incomplete attempt to steal, a punishment will be imposed that does not exceed ¾ of the maximum possible punishment provided for in Art. 166 of the Criminal Code.

Practice of application of the article

As noted above, theft can only be unlawful taking, that is, the person did not receive permission to drive the vehicle and had no reason to assume such a right.

In practice, ambiguities often arise when prosecuting a driver who has been given verbal permission to drive a car.

For example , a husband gives his wife the right to drive and vice versa, the passenger is given the steering wheel for any reason (it became bad, for example). Under such circumstances, there can be no talk of theft, since the driver has no intent to unlawfully take possession of the car. It operates with the permission of the owner of the vehicle.

Also, citizens who transfer control of their car to other participants may bear legal liability:

• administrative (transferring control rights to a person who does not have rights);
• civil law - provided for by a contract or civil legislation, for example, in the form of a fine to the lessor of a car under a rental agreement on the part of the lessee (with the currently popular car sharing).

The type and extent of liability depends on the specific circumstances of each situation.

What is the punishment for car theft in Russia?

One of the most common types of crimes in our country remains car theft. Whatever means of protection manufacturers come up with, craftsmen find ways to overcome all obstacles.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem , contact a consultant:

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For 2019, the TOP 10 regions by the number of thefts looks like this:

TOP 10 regions where the number of thefts was minimal in 2019:

The higher the standard of living in a region and the larger the population living in it, the higher the likelihood of theft. At the same time, both expensive foreign cars and budget models of domestic production disappear.

Most often, cars are stolen directly from home, from large stores and business centers, from spontaneous parking lots. In statistics, residential areas of cities are confidently ahead of central ones.

Difference in Concepts

The difference in the concepts of theft, embezzlement, hijacking, robbery or robbery is rarely known to a person who does not have a legal education. It manifests itself only in the details and circumstances of each specific crime and, often, only a judge can determine which type it should be classified as.

This is followed by the correct qualification and determination of punishment under the relevant article.

Stealing is taking possession of someone else's car for some spontaneous purpose - to take part in an argument, to show off in front of a girl, just to “take it for a ride”, then return it back, use it temporarily.

This crime occurs both when the offender himself started the car, and when he got into the car with the engine already running.

The following are not considered theft:

• Operation of a company car in the wrong place, for the wrong purpose and at the wrong time in violation of the rules of the owner of the company by a regular driver.
• Use of the car by the owner’s relatives or strangers, if they were previously allowed by the owner to drive it.
• Use of a car in force majeure circumstances - when detaining a criminal, in emergency situations, etc.
• Owning a car purchased in good faith, but not registered with the traffic police in a timely manner.

There are frequent cases of fraud in order to obtain insurance. In this case, the owner will be held liable under the relevant article.

Theft differs from theft in that the criminal’s actions initially contained a plan.

He wanted to steal the car for some selfish purpose - to appropriate either the car itself, or the money from its sale, or disassemble/sell for spare parts and again keep the money from these operations for himself.

At the same time, he planned and tried to do this secretly from the owner, witnesses and other outsiders.

There are two types of theft: theft and robbery. Secret theft is treated as theft .

If during the commission of a crime the theft became obvious to the owner or any unauthorized persons, this will be a more serious crime - robbery .

On what basis does the judge determine the type of crime?

Fundamental differences between offenses:

• The presence or absence of a plan.
• The presence or absence of damage to property, life and health of others. The specific level of these losses.
• The presence or absence of accomplices with whom the plan was outlined and implemented in advance.
• The presence of stable connections between participants in the crime (OCG).
• Have there been any previous convictions on this topic? Whether they remained outstanding at the time of the crime. Personality characteristics.
• Was the offender at the time of committing the crime under the influence of alcohol or drugs, or under the influence of other psychotropic drugs?
• Age of the offender.
• Other factors are at the discretion of the court.

Why is this distinction between the details of the crime important?

All these circumstances are very important for making the right decision when determining punishment.

Correct determination of all the circumstances of the case is necessary to impose a deserved punishment on the criminal, on the one hand, but it will not allow imposing a greater punishment for a lesser offense, on the other.

Punishment for car theft in Russia in 2019

The tables below show the terms and penalties for each type of offense.