Theft. Article 158 of the Criminal Code

Theft is perhaps the oldest way of enriching those individuals who want to achieve personal welfare in a fast 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 faces a fine of 200 to 700 minimum wages or transfers of wages or other income within 2-7 months. In some cases, the convicted person is punished with compulsory work for a period of 180 to 240 hours, or corrective labor from one to two years.

Also, the court may decide to arrest the offender for a period of four months to six months, or even to deprive them of liberty for up to three years. But these punishments can only concern 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 seizure of other material assets for the purpose of unlawfully seizing them leads to the fact that another article enters into force. Theft is a secret appropriation of a stranger, and in the cases described, a crime is observed, which is regarded as robbery.

And is it possible to call a crime a crime if the 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, although the appropriation of someone else's good happens, but this is done not 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 Therefore, an article for theft is no longer applicable to this crime.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 group and repeated theft is judged 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, the article on this kind of violation of the law is also in the Criminal Code of the Russian Federation under the number 158. But this subparagraph of the article assumes an administrative penalty of 700 "minimalok" and up to 1000 or payment of monthly earnings for convicted persons from seven months to one year .

If there is a theft, Article 158 allows the court to punish thieves until they are deprived of their liberty for a period of two to six years, paying a fine of 50 minimum wages. Although sometimes the penalty for the appointment of penalties is missed.

Often, the court considers it necessary to put the offender in prison for a period 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 assigned to individuals who committed group theft with a certain organization of the gang in large scale. 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 the possession of another's property in the event that the thing was found face-to-face? Is it possible to call theft a case when valuables are taken from a minor or incompetent citizen? And how to assess this action, if the victim (minor or incompetent) at his own discretion transfers the property to outsiders?

Most likely, finding things that do not have signs that indicate their belonging to someone, can not be called theft. But the find of a wallet 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.