Theft - the secret theft of another's property - is recognized as a crime in almost all jurisdictions.
Covers an encroachment on any form of ownership . Legally different from such similar types of thefts as robbery , robbery , fraud , embezzlement .
Theft is considered secret in cases when:
- the theft of property was not known to the owner of the property or to third parties ; even if the owner did not know that his property was stolen (for example, surplus goods not yet revealed by inventory)
- the theft took place in the presence of only those persons from whom the offender did not expect resistance (his relatives or acquaintances)
- those who were present during the theft did not realize the unlawfulness of the actions taken (for example, the theft of a painting from the museum in the presence of visitors under the guise of removing it for restoration).
In accordance with the principle of subjective imputation , theft is qualified as theft in cases where the person committing it believed that he was acting secretly, even if his actions were not secretly objective.
Object - relations to a specific form of ownership, a certain belonging of the stolen property (theft)
The objective side is characterized by secret theft (secret non-violent seizure of another's property)
The subjective side is guilt in the form of direct intent, while it has: a selfish motive; pursues the goal of illegal extraction of property.
The theft is considered to be a completed crime from the moment when the guilty person seized someone else's property and got a real opportunity to dispose of it at his discretion, regardless of whether he managed to realize this opportunity or not.
Theft
Theft in the philistine concept is synonymous with theft. Initially, in the Russian language, “theft” meant opposition to state interests, crimes against the authorities. For example: " Pugachev - a thief and an impostor ", " Tushinsky thief ."
The person involved in thefts was called the thief , and the trade was called the thief .
The pathological craving for theft, not for reward, but for mental reasons, is a recognized mental illness - kleptomania .
Qualified types of thefts (in Russia)
In part 2 of Art. 158 of the Criminal Code :
- Group of persons by preliminary conspiracy - 2 or more persons (co-executors) agree beforehand on the commission of a crime
- With illegal entry into a room or other storage facility - a secret or open invasion of the victim’s home, or another room, storage facility for theft of another's property. Moreover, the purpose of the theft must precede the invasion.
- With causing significant damage to the citizen - penetration can occur with the destruction of locking devices, with overcoming the resistance of people. Damage is determined taking into account the property status of the victim but in any case should not be less than 2500 rubles
- From clothes, bags, or other hand luggage located with the victim.
In part 3 of Art. 158 of the Criminal Code:
- With illegal entry into the home
- From the oil pipeline, oil product pipeline, gas pipeline
- in large size.
For part 4 of Art. 158 of the Criminal Code:
- organized group;
- in a particularly large size.
See also
- Kleptomania
- Pocket thief
- Crimes Against Property
- Plagiarism
Literature
- Theft // Brockhaus and Efron Encyclopedic Dictionary : in 86 volumes (82 volumes and 4 additional). - SPb. , 1890-1907.
- Kochoi S. M. Responsibility for mercenary crimes against property. - 2nd ed., Supplemented and revised.-M.: ANTEY 2000; Vocational education, 2000.-288 p. ISBN 5-93476-009-2
- The criminal law of Russia. Parts General and Special / M.P. Zhuravlev, A.V. Naumov and others; under the editorship of A. I. Raroga. - 5th ed., Revised. and add. - M.: TC Velby, Prospect, 2004 .-- 696 p. ISBN 5-98032-591-3 .
- Boytsov A.I. Crimes against property. - St. Petersburg: Legal Center Press, 2002. - 775 p. ISBN 5-94201-062-5