There is an article in the Criminal Codepunishing perpetrators for misappropriation or embezzlement. Under this act should be understood the theft of property entrusted to the subject. Norm 160 of the Criminal Code of the Russian Federation formulates both the general corpus delicti of a crime and three qualifying ones. Consider them in more detail.
General composition
For embezzlement or misappropriation of another's property, which was entrusted to the guilty person, shall be appointed:
- A fine of up to 120 thousand rubles. or equal to income / salary for the period up to a year.
- Up to 240 hours of compulsory work.
- Up to 2 years of restrictions in freedom.
- Up to six months of correctional work.
- Up to 2 liters. imprisonment.
- Up to two years of correctional work.
Aggravating circumstances
Article 160 of the Criminal Code of the Russian Federation in the second part establishes the following qualifying features of a crime:
- Persons acting in advance agreement.
- Causing significant harm to the victim.
For such acts in the norm 160 of the Criminal Code of the Russian Federation established sanctions:
- Up to 5 years of forced labor.
- A fine of up to 300,000 rubles. or in the amount of two years salary / other income of the convict.
- Up to 360 hours of compulsory work.
- Up to 5 years in prison.
- Up to a year of correctional labor.
Deprivation of liberty may additionally be accompanied by its restriction to 1 g. The same provision applies to the appointment of forced labor.
Art. 160, h. 3 of the Criminal Code
В данной части предусмотрено наказание для лиц, committed a waste or misappropriation of property, while using his official position, or on a large scale. Sanctions under art. 160, h. 3 of the Criminal Code of the Russian Federation are as follows:
- Fine of 100-500,000 rubles. or in the amount of income / salary for 1-3 years.
- The prohibition to stay at the positions established by the court or to engage in certain activities for up to five years.
- Up to 5 years of forced labor. In addition to this punishment, the perpetrator may be restricted in freedom for up to 1.5 liters.
- Up to 6 years in prison. Additionally, a fine of up to 10 thousand rubles may be imposed. either the subject’s income / salary for 1 month, as well as the restriction of freedom up to 1.5 years.
Part Four
Crimes, which are provided in h.1-3 of the considered article, committed by members of an organized group or on a large scale, provide for up to 10 years of imprisonment. Additionally, a fine of up to 1 million rubles may be imposed. either in the amount of income / salary for three years, as well as the restriction of freedom to 2 years. The last sanctions are set at the discretion of the court.
Norm 160 of the Criminal Code of the Russian Federation: comments
Assignment or waste, provided in generalcomposition, equated to the theft and have all its signs. They act as a means of misappropriation of another's property. The fact of finding material values in the lawful use of the perpetrator due to his official or official status is peculiar for embezzlement or appropriation. Ownership can be based on a contract (for example, on liability), another special assignment. All this causes the implementation by the guilty subject of the authority to manage, deliver, store, use, and order in relation to the property of others. Ownership in this case must be distinguished from having access to material values in the framework of work performed or in view of other circumstances. Theft of property in these situations would qualify as theft. You should also distinguish cases in which the subject, having turned material values in favor of other persons, acts to exercise the alleged or actual right. For example, a person assigns property in the account of securing obligations not fulfilled by the owner. In the presence of the grounds established by Art. 330 of the Code, the behavior of the perpetrator can be qualified as arbitrariness.
Assignment
Norm 160 of the Criminal Code of the Russian Federation includes two methodstheft. Under the assignment is necessary to understand the illegal circulation of property entrusted to the subject in his favor. It is committed by him against the will of the owner and for selfish purposes. Assignment at the rate of 160 of the Criminal Code of the Russian Federation is considered a completed crime when the possession of material values has become illegal. At the same time, the person to whom the property was entrusted, began to carry out actions that are aimed at turning things in their own favor. For example, by forgery, the subject hides the presence of the specified material values. Also, the assignment from the moment of non-fulfillment of the obligation to place the money entrusted to the subject to the owner’s account will be considered completed.
Embezzlement
This is the second method of theft, provided for in Art.160 of the Criminal Code. By embezzlement, it should be understood the illegal spending of funds by the person to whom they were entrusted. It also includes any other forms of unlawful direct consumption by the subject of the property transferred to it for its own purposes. As a result, money is literally wasted, and material values are spent. These actions may also be manifested by the transfer of property to third parties. Seduction is recognized as a completed crime from the moment of illegal alienation or consumption. If the subject has spent part of the property (for example, money) and has appropriated the rest (fuel, for example), then the actions do not form an aggregate.
An object
Acts included in Art.160 of the Criminal Code, aimed at public relations, which are formed in the framework of the redistribution and distribution of wealth. The objective side of embezzlement or appropriation consists in taking possession of the property of other persons through its direct expenditure. If at the same time things are replaced by less valuable, then the damage will be determined in accordance with the value actually seized.
The subjective part
For offenses covered by the article160 of the Criminal Code, a capable citizen can be held accountable from the age of 16. The subjective side is usually specified intent. Assigning or wasting someone else's property, a person understands the gratuitous, illegal nature of his behavior. The direction of intent in each case of theft is indicated by the lack of a real opportunity for the subject to timely return property to the owner, as well as making attempts to hide illegal actions.
Qualifying composition
It is installed in the second part of the review.articles. Among the qualifying signs is the commission of an act by a group in preliminary agreement and causing significant damage to the owner of the property. In the first case, we are talking about two or more persons who have previously agreed to commit the act. The significance of the damage that occurred after the wrongful actions of the perpetrators is evidenced by the importance of the consequences not only for the victim himself, but also for his close relatives. In this case, it is advisable to refer to the comment to art. 158 of the Code.
Specially qualified species
Article 160, h.3 of the Criminal Code formulates a sign of use when committing a crime of official position. Such subjects include officials who have the characteristics specified in paragraph 1 of the note. to art. 285 of the Code. In addition, they should be understood as municipal or state employees who do not act as officials, and others who meet the requirements defined in paragraph 1 of the note. By Art. 201. The actions of accomplices, instigators, organizers of embezzlement or misappropriation committed by the subject knowingly for them, using their status, are not qualified by the norm 160, part 3 of the RF Criminal Code. In this case, the provisions of Art. 33 and 159 (part three). Spent or large-scale appropriation is considered theft of property worth more than 250 thousand rubles.
Organized group
Under it understand a sustainable association, in advancecreated to commit one or more wrongful acts. Such a group is distinguished by the presence of the organizer in it, the stability of its composition. Between the participants are assigned roles in the preparation and direct commission of crimes. Part four of the article under consideration also provides for such a sign as a particularly large amount of theft. The question of its presence in the crime is solved in accordance with paragraph 4 of approx. to art. 158 of the Criminal Code.
