Concept
Theft of a car is its secret theft. The definition of the crime and the penalties for it are specified in Art. 158 of the Criminal Code of the Russian Federation.
Art. 166 of the Criminal Code of the Russian Federation is devoted to theft. It is understood as the unlawful taking of a vehicle without the purpose of stealing it.
Despite the difference in the qualification of acts, the same criteria apply to each of them:
- the significance of the damage caused to the injured party in each situation is determined individually based on the property status of the victim;
- the large size of the crime committed - the value of the property that was encroached upon by the criminal exceeds two hundred and fifty thousand rubles;
- especially large scale of the crime committed - the value of the property that was encroached upon by the criminal exceeds one million rubles;
- “premises” means a structure or structure for the temporary placement of vehicles for official purposes;
- under the storage - outbuildings, standing separately from residential buildings, areas of the territory.
Legislation on theft and theft
When it comes to theft, a car immediately comes to mind, but the judges of the Supreme Court explained in Resolution No. 25 dated December 09, 2008 that the object can be any motor or electric vehicle, including watercraft. Art. is dedicated to the theft of such funds. 166 of the Criminal Code of the Russian Federation. Air, rail and air transport are not only more expensive, but also more significant. The theft of such funds is qualified under Art. 211 of the Criminal Code of the Russian Federation. The liability measures here are much stricter.
Theft of motor vehicles is also a criminal offense. Several articles of the Criminal Code are devoted to theft: 158, 161,162 of the Criminal Code of the Russian Federation.
Attention! The qualification of the act will directly depend on the circumstances of the commission and the characteristics of the activities of the perpetrator. Explanations on the practice of application and comments are provided in the Resolution of the Plenum of the Supreme Court dated December 27, 2002.
What is the difference between car theft and theft?
The main difference between the theft of a car and its theft is the presence or absence of selfish intent on the part of the criminal. When stealing, he deliberately seizes (or) converts someone else's property for his own benefit or for the benefit of other persons. When hijacking, there is no such intention. As a rule, after driving, the attackers abandon their cars.
Finding out what the criminals had in mind is a matter of investigation. The owner of a vehicle or a person driving a car legally, upon discovering a missing car, should immediately call the traffic police or the Ministry of Internal Affairs. The sooner this is done, the greater the chance that the criminals will be found in the near future. In the event of missing cars, information is immediately sent to the duty squads of all law enforcement agencies - the chance of finding the car is very high.
Note!
If you do not find your car in the parking lot, it may be towed by the traffic police for a violation. Therefore, it is worth making sure that the vehicle was initially parked in accordance with the requirements of the traffic rules.
Types of liability and penalties for theft and car theft
Theft and car theft are crimes that have different criminal elements. Criminal liability for these illegal acts is also different.
A criminal who commits theft without aggravating circumstances may be sentenced by a court to:
- a fine of up to eighty thousand rubles;
- a fine in the amount of salary (other income) for a period of up to six months;
- compulsory work up to three hundred and sixty hours;
- correctional labor for up to one year;
- restriction of freedom for up to two years;
- forced labor for up to two years;
- arrest for up to four months;
- imprisonment for up to two years.
Note!
A car is an expensive property. So that theft is not considered qualified, and the offender is convicted under Part 1 of Art. 158 of the Criminal Code of the Russian Federation, the lawyer must prove that the amount of damage caused to the injured party is not significant for it.
The following aggravating circumstances are provided:
- causing significant damage to the owner of the stolen car;
- illegal entry into someone else's territory or premises (for example, a garage);
- conspiracy to commit a crime.
In these cases, the perpetrators may be sentenced to:
- a fine of up to two hundred thousand rubles;
- a fine in the amount of salary (other income) for a period of up to eighteen months;
- compulsory work up to four hundred eighty hours;
- correctional labor for up to two years;
- forced labor for up to five years with possible restriction of freedom for up to one year;
- imprisonment for up to five years with possible restriction of freedom for up to one year.
A criminal who has stolen an expensive car (that is, who has committed grand theft), upon a court verdict, may be punished in the form of:
- a fine in the amount of one hundred thousand to five hundred thousand rubles;
- a fine in the amount of wages (other income) for a period of one to three years;
- forced labor for up to five years with possible restriction of freedom for up to one and a half years,
- imprisonment for up to six years with a possible fine in the amount of up to eighty thousand rubles or in the amount of the salary (other income) of the offender for a period of up to six months and with possible restriction of freedom for a period of up to one and a half years.
If the theft is committed on an especially large scale or by an organized group, the perpetrator will be punished by imprisonment for up to ten years with a possible fine of up to one million rubles or in the amount of salary (other income) for a period of up to five years and with possible restriction of freedom for a term up to two years.
Car theft is punished no less severely. If this is an unqualified crime (without aggravating circumstances), the court may choose one of the following criminal penalties:
- a fine of up to one hundred twenty thousand rubles;
- a fine in the amount of the hijacker’s salary (other income) for a period of up to one year;
- restriction of freedom up to three years;
- forced labor for up to five years;
- arrest up to six months;
- imprisonment for up to five years.
Note!
The difference in the possible punishment for unqualified theft is significant; in order to obtain the minimum amount, it is worth using the services of a professional lawyer.
If the attackers previously conspired or used violence that is not dangerous to life or health, or threatened the victim, they may be punished in the form of:
- a fine of up to two hundred thousand rubles;
- a fine in the amount of salary (other income) for a period of up to eighteen months;
- forced labor for up to five years;
- imprisonment up to seven years.
If the theft was committed by an organized group, or the criminal actions caused particularly large damage, the attackers can be imprisoned for up to ten years. If offenders have used or made threats of violence dangerous to life or health, they may be imprisoned for up to twelve years.
CASCO insurance amount in case of car theft
Car owners who have become victims of carjackers or thieves always have the question of who will compensate for the damage caused by the loss of their car.
There is no point in contacting an insurance company, hoping for compulsory motor liability insurance. This insurance is not designed to cover damage caused by the actions of criminals. OSAGO insures the liability of the vehicle driver in the event of a traffic accident, but does not protect him in the event of theft or theft.
Even CASCO insurance does not always guarantee coverage for damage caused by hijackers or thieves. This type of insurance implies freedom to choose the terms of the contract. Therefore, a company's obligations under contracts may vary. If the policy provides compensation in case of vehicle theft, you must:
- call your insurance agent. If the company is client-oriented, the agent will provide a complete scheme of actions for receiving compensation under CASCO;
- if the insurance agent does not provide assistance, it is necessary to carefully study the CASCO agreement, insurance rules and compare them with the Civil Code of the Russian Federation;
- Having collected the documents required by the insurance rules, you must contact the insurer in writing with a claim for compensation for damage;
- If the insurance company refuses compensation, you will need to go to court.
Note!
CASCO terms may provide only partial compensation for damage or put the policyholder in a deliberately disadvantageous position. In order not to lose the funds that the insurer is obliged to pay, you should seek the support of a lawyer.
If there is no CASCO insurance covering damage caused by criminals, it will have to be recovered directly from those responsible for the theft or theft. A civil claim can be filed already within the framework of a criminal case (Article 44 of the Code of Criminal Procedure of the Russian Federation). In such cases, there is no need to pay a state fee for the court to consider the claim.
Our lawyers will help you draw up the necessary documents for the court and claim money from the insurance company or those responsible for theft or robbery. You can get answers to your questions through the website or by calling the specified phone numbers.
Theft or theft insurance
How is theft different from theft in insurance matters? Insurance against theft or theft is possible only on a voluntary basis under CASCO programs. OSAGO does not provide for the possibility of including such options and the list of insured events has been changed. When purchasing CASCO insurance, the policyholder has more freedom; from the point of view of the Civil Code of the Russian Federation, he has the right to independently determine the list of insured events. In practice, not all insurers provide services against theft and theft.
The reason for this is the potential for large losses compared to the relatively small insurance premium. The cost of such a policy does not exceed 2% of the price of the vehicle, but compensation is provided in full, especially if the contract does not provide for deduction of depreciation.
From the point of view of the law and the insurer, motor vehicle theft and theft are two different insurance events. In an effort to increase revenue, insurers are trying not to provide insurance services only against theft or theft. At a minimum, the inclusion of two such insurance cases is provided. The policyholder should know that he has the right to demand the provision of insurance services only for one type of case, as well as to refuse additional life insurance, health insurance, etc. But in practice this can be quite difficult; one has to enter into disputes with employees of companies who claim that it is impossible exclude from the list the risks of death or damage to health.
Often the contract provides for additional conditions that may affect the possibility of receiving compensation. Thus, some companies oblige the client to install anti-theft systems and even sell them themselves; the policy may provide for mandatory storage of the car in a garage or in a guarded parking lot. Therefore, it is extremely important to carefully read the terms of the insurance contract, otherwise difficulties may arise in obtaining compensation.
Since we are talking about two different insurance events, the policy owner must be prepared that in the event of theft, he will not be able to claim compensation for theft.
Latest questions on the topic: “theft, car theft”
Legality of traffic police officers
Good evening.
I am the owner of a car. An accident was committed in my car while another person was driving it. The person driving the car fled the scene of the accident, but was identified. A report was drawn up regarding an accident committed while intoxicated. I also submitted the car for theft, etc. the person was discovered, no criminal case was opened regarding the theft of the car.
The question is this: after 14 days, the car was returned to me and removed from theft, and from that moment on, the traffic police officers of the South-Eastern Administrative District began calling me every day (without introducing themselves) so that I would come to them, because... they forgot or lost some protocol. The person who committed the accident is hiding, they claim that my car is being stolen and I, as the owner of the car, will bear responsibility for the accident.
Nelly, Moscow
car theft
Lawyer: Ruslan Grigoriev
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Hello!
The person who committed the accident is hiding, they claim that my car is being stolen and I, as the owner of the car, will bear responsibility for the accident. Nellie
If there are no casualties, then none. You don't have to show up anywhere. The initiation of a criminal case was refused; you have nothing more to explain. Let them locate the drunk driver.
The person driving the car fled the scene of the accident, but was identified. A report was drawn up regarding an accident committed while intoxicated. Nellie
And what complaints can there be against you? Just for the transfer of control rights, but since there is an application under Article 166 of the Criminal Code of the Russian Federation, there will be no problems.
You can explain to the traffic police officers that you will appear with a representative and if they do not stop calling, contact the prosecutor’s office with a complaint.
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Lawyer: Vladimir Balashov
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The question is this: after 14 days, the car was returned to me and removed from theft, and from that moment on, the traffic police officers of the South-Eastern Administrative District began calling me every day (without introducing themselves) so that I would come to them, because... they forgot or lost some protocol. Nellie
Hello. in fact, this is not a problem - they lost something or not.
In theory, they already have all the data. - including in the database - because you are the owner of the car - passport details, driver. ID, all the data on the car - they have it in electronic form
The person who committed the accident is hiding, they claim that my car is being stolen and I, as the owner of the car, will bear responsibility for the accident. Nellie
let them look for the face, it’s not clear what it has to do with the car.
you will not bear responsibility in any way - another person was in control - this was established... as I understand it, including through the protocols. no protocols were drawn up against you - this is the main thing
Another important point - how did that person get the car? did you give it yourself? or was it really a theft? if there was a theft at that moment, then the statement of the theft should have been accepted. - at a minimum, carry out an inspection and initiate a case... if they refuse, most likely without reason, then you can write a complaint about this refusal to the prosecutor's office or to the court... it's better to start with the prosecutor's office
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Lawyer: Fedor Vasilievich Mindzar
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Good evening.
I am the owner of a car. An accident was committed in my car while another person was driving it. The person driving the car fled the scene of the accident, but was identified. A report was drawn up regarding an accident committed while intoxicated. I also submitted the car for theft, etc. the person was discovered, no criminal case was opened regarding the theft of the car.
If there are signs of a crime - car theft - a criminal case must be initiated regardless of the identification of the culprit. A case will not be initiated if a person took possession of your car with your knowledge.
Therefore, please explain the circumstances of the seizure of your car by the indicated person for a more accurate answer.
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Lawyer: Ruslan Shakhbanov
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Hello Nellie!
The person who committed the accident is hiding, they claim that my car is being stolen and I, as the owner of the car, will bear responsibility for the accident. Nellie
Criminal liability will be borne by the person who is directly involved in the commission of the crime; naturally, you, as the owner of the car, will not face liability
Article 166. Wrongful seizure of a car or other vehicle without the purpose of theft
1. Wrongful seizure of a car or other means of transport without the purpose of theft (theft) - shall be punishable by a fine in the amount of up to one hundred twenty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to one year, or by restriction of freedom for a term of up to three years, or forced labor for a term of up to five years, or arrest for a term of up to six months, or imprisonment for a term of up to five years. (as amended by Federal Laws dated December 8, 2003 N 162-FZ, dated March 7, 2011 N 26-FZ, dated December 7, 2011 N 420-FZ)
As for administrative liability, here you will also not be responsible for another person, since you did not transfer the car, the person took possession of the car from you against your will illegally.
Article 12.8. Driving a vehicle by a driver who is in a state of intoxication, transferring control of a vehicle to a person who is in a state of intoxication 1. Driving a vehicle by a driver who is in a state of intoxication, if such actions do not contain a criminal offense - (as amended by Federal Law dated 31.12 .2014 N 528-FZ) (see text in the previous edition) entails the imposition of an administrative fine in the amount of thirty thousand rubles with deprivation of the right to drive vehicles for a period of one and a half to two years. 2. Transferring control of a vehicle to a person in a state of intoxication - entails the imposition of an administrative fine in the amount of thirty thousand rubles with deprivation of the right to drive vehicles for a period of one and a half to two years. 3. Driving a vehicle by a driver who is intoxicated and does not have the right to drive vehicles or is deprived of the right to drive vehicles, if such actions do not constitute a criminal offense - (as amended by Federal Law No. 528-FZ of December 31, 2014) (see text in the previous edition) entails administrative arrest for a period of ten to fifteen days or the imposition of an administrative fine on persons against whom administrative arrest cannot be applied in accordance with this Code in the amount of thirty thousand rubles. 4. Invalid as of July 1, 2015. — Federal Law of December 31, 2014 N 528-FZ.
You will also not bear civil liability since, due to the direct indication in the Civil Code of the Russian Federation, you are not responsible since the source of increased danger in this case the car has left your possession
Article 1079. Liability for harm caused by activities that create an increased danger to others 1. Legal entities and citizens whose activities are associated with an increased danger to others (use of vehicles, mechanisms, high-voltage electrical energy, nuclear energy, explosives, potent poisons etc.; carrying out construction and other related activities, etc.), are obliged to compensate for damage caused by a source of increased danger, unless they prove that the damage arose as a result of force majeure or the intent of the victim. The owner of a source of increased danger may be released by the court from liability in whole or in part also on the grounds provided for in paragraphs 2 and 3 of Article 1083 of this Code. The obligation to compensate for damage is assigned to a legal entity or citizen who owns a source of increased danger on the right of ownership, the right of economic management or the right of operational management or on another legal basis (by lease, by power of attorney for the right to drive a vehicle, by virtue of an order of the relevant body on transferring to him a source of increased danger, etc.). 2. The owner of a source of increased danger is not liable for damage caused by this source if he proves that the source was removed from his possession as a result of the illegal actions of other persons. Responsibility for damage caused by a source of increased danger in such cases lies with the persons who unlawfully took possession of the source. If the owner of a source of increased danger is guilty of illegally removing this source from his possession, liability can be imposed on both the owner and the person who unlawfully took possession of the source of increased danger. 3. Owners of sources of increased danger are jointly and severally liable for damage caused as a result of the interaction of these sources (vehicle collisions, etc.) to third parties on the grounds provided for in paragraph 1 of this article. Damage caused as a result of the interaction of sources of increased danger to their owners is compensated on a general basis (Article 1064).
After 14 days, the car was returned to me and removed from theft, and from that moment on, the traffic police officers of the South-Eastern Administrative District began calling me every day (without introducing themselves) so that I would come to them, because they forgot or lost some protocol. Nellie
go and find out what’s going on, don’t sign unnecessary papers.
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Lawyer: Rashid Gafarov
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Hello. The fact that the traffic police officers lost the protocol is now their problem.
You will not bear any responsibility, since the person who was driving your car has been identified. If traffic police officers continue to call, contact the prosecutor's office with a complaint.
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Lawyer: Sergey Serebryakov
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The person who committed the accident is hiding, they claim that my car is being stolen and I, as the owner of the car, will bear responsibility for the accident. Nellie
If the person who committed the accident is identified, then you will not be held liable as the owner.
If you reported the car for theft, it means you did not own the car at the time of the accident, so you cannot bear any responsibility at all.
Don't trust the traffic police, they don't know the laws well.
Good luck.
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Lawyer: Ruslan Grigoriev
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I also submitted the car for theft, etc. the person was discovered, no criminal case was opened regarding the theft of the car. Nellie
Apparently in your explanation you explained that this person had access to the car and you were not against him driving it. Otherwise, such a decision was made illegally and will be canceled by the prosecutor.
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Repeated arrest of a drunk person without a license
What can happen and what article will be applied to a person who does not have a driver’s license if he is repeatedly detained while intoxicated?
Igor, Kazan
car theft
Lawyer: Ramazan Tnymbaevich Shankulov
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Hello, Igor
Code of Administrative Offenses of the Russian Federation, Article 12.8. Driving a vehicle by a driver who is in a state of intoxication, transferring control of a vehicle to a person who is in a state of intoxication
3. Driving a vehicle by a driver who is intoxicated and does not have the right to drive vehicles or is deprived of the right to drive vehicles, if such actions do not constitute a criminal offense - (as amended by Federal Law No. 528-FZ of December 31, 2014)
entails administrative arrest for a period of ten to fifteen days or the imposition of an administrative fine on persons against whom administrative arrest cannot be applied in accordance with this Code in the amount of thirty thousand rubles.
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Lawyer: Ramazan Tnymbaevich Shankulov
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Maybe
Article 264.1. Violation of traffic rules by a person subject to administrative punishment
(introduced by Federal Law dated December 31, 2014 N 528-FZ)
Driving a car, tram or other mechanical vehicle by a person in a state of intoxication, subjected to administrative punishment for driving a vehicle while intoxicated or for failure to comply with the legal requirement of an authorized official to undergo a medical examination for intoxication, or having a criminal record for committing a crime provided for in parts second, fourth or sixth article 264 of this Code or this article - is punishable by a fine in the amount of two hundred thousand to three hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of one to two years with deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years, or compulsory work for a period of up to four hundred eighty hours with deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years, or forced labor for a period of up to two years with deprivation of the right to occupy certain positions or engage in certain activities activities for a term of up to three years, or imprisonment for a term of up to two years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
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What does the culprit face when a car is stolen?
My car was stolen, the man was drunk and without a license, and he crashed it.
I wrote about the theft. He has two expunged convictions for theft. We have reconciled with him, he will compensate for the losses that threaten him. Svetlana, Peschanokopskoe
car theft
Lawyer: Andrey Dogadin
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Hello. And what part of theft? and for what parts of thefts was he convicted?
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Lawyer: Andrey Dogadin
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If previous convictions have been expunged, it is possible to write a statement to the court to reconcile the parties and terminate the case on this basis. If the court refuses, taking into account part 1, a “condition” is likely.
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I stole and crashed a car while intoxicated, can I be imprisoned?
Stole and crashed a car while drunk. No previous convictions. (my husband). The code is not in custody. There is a subscription code. Is there a threat of imprisonment?
Anastasia, Moscow
car theft
Lawyer: Kirill Voronov
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Anastasia, in principle, there is a possibility of real imprisonment. I advise you to negotiate in accordance with Article 76. Criminal Code of the Russian Federation (reconciliation with the victim). Before sentencing, it is necessary to compensate for the harm caused and persuade the victim to write a statement of no claims. The amount will most likely be greater than the compensation that would be awarded in a criminal case, but in this case, a conviction IN PRINCIPLE can be avoided (there will be no punishment at all, even a suspended one).
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What is the penalty for theft and damage to a car?
Hello) my young man took my father’s car for a ride at night, he himself without a license (he stole it otherwise), he took some friends, he lost control, he got hurt, but his friends didn’t, they ran away and left him in the car, the car is beyond repair, what will happen to him maybe without a deadline) and the fact that I’m in a position will somehow affect the deadlines
Victoria, Moscow
car theft
Lawyer: Andrey Dogadin
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Hello Victoria. It is important here whether the young man has been previously convicted, and what is your father’s position. Those. if he went to the police, then now it is no longer possible to withdraw the statement and change the testimony, too, because if the father does this, he will be criminally liable for knowingly false denunciation. At the same time, if your father explains to the police department that he did not know who stole the car and asks not to impose severe punishment on the culprit, I believe the court will take this into account. Your young man also needs to look at Art. 61 of the Criminal Code of the Russian Federation provides mitigating circumstances and provide the inquiry officer or investigator with information about their existence. If you need more detailed advice, please contact us in PM. Sincerely.
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Lawyer: Andrey Dogadin
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The fine is provided for in both Part 1 and Part 2 (if for a group of persons) of Art. 166 of the Criminal Code of the Russian Federation. ask for a minimum fine, explain the situation to the court, I believe the court will agree.
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Features of the concepts of car theft and theft
Theft is a criminal act that involves secretly taking property for personal gain.
In this case, the attacker acts secretly and does not want to be detected. As a rule, he thinks through a plan of action in advance and knows how much profit he can get. This term applies not only to vehicles, but also in the case of theft of other types of property. Theft is the unlawful taking of a car. In most cases, the criminal does not think about what benefit he can get. Most often he wants to use the car for transportation or for entertainment. Often this crime is carried out by a group of people aged 16 to 20 years. There is no clear plan of action, because the unlawful act occurs spontaneously. Please note that only a movable object can be stolen.
As you can understand, these types of crimes are quite similar, but at the same time they have differences. In order to clearly understand what happened, you will need to determine the attacker's goal. Because if he decided to steal a car for the purpose of selling and obtaining profit, then the crime is not theft.
