Is liability for theft administrative or criminal?

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.

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.

What's the difference between theft and theft?

What is the difference between theft and theft?

To determine the difference between theft and theft, consider the table:

The given distinctive features are not exhaustive. There are often cases when theft is considered as theft. Consequently, the criminal bears penalties that do not correspond to his illegal act.

The fundamental difference between car theft and theft is the temporary possession of the car or the subsequent receipt of benefits, respectively, on an ongoing basis. The difference between theft and car theft is clearly provided for by the Criminal Code of the Russian Federation, which provides the exact wording of these crimes.

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.

Definition of theft and penalties

Theft is the taking of someone else's property without compensation.
The subject of this act may be property with marketable value, as well as property that has the characteristic of a thing. Distinctive features are illegality, the presence of a selfish goal, gratuitousness and causing damage. Based on the sign of the presence of a selfish goal, it should be noted that the seizure of property to pay off the owner’s debt is not theft, since it does not involve a desire for enrichment. This situation can be characterized by arbitrariness. Theft is recognized if the criminal changed the color of the car, registration numbers, engine or body number, or systematically used the vehicle for the purpose of profit. Stealing a car for sale in whole or in parts will be considered theft.

The extent of the theft is determined based on the total cost of the vehicle, regardless of what parts and in what quantity were stolen.

The degree of punishment depends on the following characteristics:

• age of the offender;
• the presence or absence of outstanding convictions;
• the value of the stolen property;
• additional signs of a crime.

The theft of a car, the cost of which does not exceed 250 thousand rubles, provides for the possibility of reconciliation with the victim, compensating for all the damage caused. In aggravating circumstances, the offender can receive a sentence of up to 6 years in custody.

A citizen who commits theft as part of an organized group faces 10 years in prison. The same punishment is provided for violators of the law who caused damage in excess of 1 million rubles.

In rare cases, the offender is sentenced to imprisonment; most often, the punishment is a fine. The main reason is that the attacker can justify himself by saying that he did not intend to steal the car, but simply took it for a ride.

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.

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

online now

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

offline now

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

offline now

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

online now

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

online now

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

online now

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

online now

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

offline now

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

online now

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

online now

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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/ Legal articles on the topic of automobile law / Criminal law and the car / What is the difference between car theft and theft?

What is the difference between car theft and theft?

In the opinion of a citizen inexperienced in legal intricacies, there is no difference between theft and theft of a car. From the point of view of everyday logic, the owner of the car, in general, does not care how lawyers classify the criminal disappearance of his car. However, from a legal point of view, the difference between car theft and theft is very significant.

In our article today, we will tell you how theft of a vehicle differs from theft and why it is so important to distinguish between these concepts when investigating criminal cases.

Let's start with theft.

In accordance with the disposition of Art. 166 of the Criminal Code of the Russian Federation, theft is understood as “Wrongful taking of a car or other vehicle without the purpose of theft.” The key to this construction is the phrase “without the purpose of theft.” That is, theft is always committed not in order to steal a car and take possession of it, but only for the purpose of its temporary use.

In practice, the motives for car theft can be very different. Most often, cars are stolen “in a drunken shop”, out of bravado (ridden and abandoned). Sometimes cars are stolen out of a sense of revenge, enmity, or to annoy the offender (for example, theft by an ex-spouse). Quite often in law enforcement practice, cases are recorded when car washers or car service workers take a client’s car without his knowledge in order to go about their business. Such actions are also regarded as vehicle theft. In general, there can be a great many reasons why cars are stolen in real life.

But all these cases have one thing in common - the theft is not committed in order to take possession of a car and appropriate it, but in order to use the car as a means of transportation for one’s own purposes, or simply out of stupid hooliganism (for example, to roll it around a corner in order to play a trick on its owner).

By the way, few people know about this, but judicial practice recognizes even a slight movement of a car from its place by pushing it as theft. This is confirmed by the numerous sentences handed down by the courts to car thieves who pushed the victim's car 30-40 meters out of hooliganism without even starting the engine.

Theft of a car differs from its theft by intent, i.e., the desire that determines the ultimate goal of the crime. When a vehicle is stolen, the attacker seeks to take possession of it and dispose of it at his own discretion. For example, transport it to another city, and then sell it, dismantle it, keep it for your use, etc.

Car thefts are often carried out by organized criminal groups that “specialize” in this type of crime. According to law enforcement officials, the volume of this criminal business is estimated at billions of rubles.

What is considered a more serious crime - car theft or theft?

To answer this question, we turn for help to the Criminal Code of Russia.

Stealing a car without qualifying features (Part 1 of Article 166 of the Criminal Code of the Russian Federation) provides for a maximum penalty of 5 years in prison. This is a crime of moderate gravity.

Theft committed by a group of persons by prior conspiracy, as well as with the use of violence not dangerous to life or health, or with the threat of using such violence, is punishable by imprisonment for up to 7 years (Part 2 of Article 166 of the Criminal Code of the Russian Federation). This is already a heavy composition.

Theft committed by an organized group or causing particularly large damage is punishable by imprisonment for up to 10 years (Part 3 of Article 166 of the Criminal Code of the Russian Federation). This is also a serious act.

And finally, hijacking with the use of violence dangerous to life or health, or with the threat of using such violence, is punishable by imprisonment for up to 12 years (Part 4 of Article 166 of the Criminal Code of the Russian Federation). This is already a particularly serious crime.

Now let's look at car theft, liability for which is provided for in Art. 158 of the Criminal Code of the Russian Federation.

Theft without qualifying characteristics – Part 1 of Art. 158 of the Criminal Code of the Russian Federation. The maximum penalty is up to two years in prison. This is a minor crime. However, according to Part 1 of Art. 158 of the Criminal Code of the Russian Federation, car thefts are classified extremely rarely, since they are usually expensive and their theft causes significant or large-scale damage to the owner, which requires qualification for more serious offenses.

Part 2 of Article 158 of the Criminal Code of the Russian Federation provides for liability for theft by a group of persons by prior conspiracy, with illegal entry into a premises or other storage facility, causing significant damage to a citizen. The maximum prescribed punishment is 5 years in prison. This is an act of moderate gravity.

Responsibility for theft of a car on a large scale (worth over 250,000 rubles) is provided for in Part 3 of Art. 158 of the Criminal Code of the Russian Federation. This is already a serious act, because committing it is punishable by up to 6 years in prison.

And finally, theft of a car worth over 1 million rubles (on an especially large scale). Responsibility for such a crime is provided for in Part 4 of Art. 158 of the Criminal Code of the Russian Federation and is punishable by up to 10 years in prison. This is also a serious crime.

Thus, we see that the severity of the theft of a car always depends on the specific circumstances of the crime, on the basis of which its qualification is determined.

By the way, when the car is stolen, the value of the car has no legal significance. Under Part 1 of Article 166 of the Criminal Code of the Russian Federation (in the absence of qualifying features), both the theft of an ancient “penny” and the theft of a Bentley worth 10 million will be equally qualified.

In general, in terms of evidence, the line between theft and theft is quite thin. After all, it is often possible to determine what the intention of the culprit who took possession of the car was only from his words. This is often used by professional car thieves who are detained in hot pursuit and steal expensive cars. In order to avoid liability under the grave parts of Article 158 of the Criminal Code of the Russian Federation, they claim that they took the car just “for a ride.” And there is often nothing to refute their testimony. But no one has canceled the presumption of innocence.

That is why recently there have been more and more calls to amend Article 166 of the Criminal Code of the Russian Federation, or to abolish it altogether, and to classify any actions to take possession of a vehicle as theft or another type of theft (robbery, assault).

There is a certain logic in this, although the issue is at least debatable.

That's all, good luck on the roads!

Deprivation of the right to drive under Art. 264 of the Criminal Code of the Russian Federation. About the most important

The victim under Art. 264 of the Criminal Code of the Russian Federation. Whom to recognize?

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Automotive Lawyer → Deprivation of the right to drive under Art. 264 of the Criminal Code of the Russian Federation. About the most... 1 month ago

Hello. The period of criminal punishment in the form of deprivation of the right to drive runs, regardless of whether the vehicle is passed or not. The traffic police have been punished for enforcing this...

Evgeniy → Deprivation of the right to drive under Art. 264 of the Criminal Code of the Russian Federation. About the most... 1 month ago

Good evening! In 2014, he was convicted under Part 264 of the Criminal Code and served a real sentence of 2 years in a penal colony; the court also deprived him of his license for 3 years, after...

Automotive Lawyer → Deprivation of the right to drive under Art. 264 of the Criminal Code of the Russian Federation. About the most... 1 month ago

Hello. The terms of deprivation under the article of the Code of Administrative Offenses of the Russian Federation and under the article of the Criminal Code of the Russian Federation are not cumulative. Each term is calculated independently, i.e., independently of each other