Misappropriation or embezzlement. Article 160 of the criminal code

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2018-03-22 17:54:14

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Crimes are different. To understand them is very difficult. Sometimes you can break the law without knowing it, for example, taking someone else's thing and not giving it back. It seems to be not too serious, but if you think about it, it would be a crime, and criminal in nature. So today, we will be interested in such things as embezzlement – a very common criminal offense. But what is it anyway? Exactly what the penalty will be if you committed this crime?

Terminology

What will happen if there has been misappropriation or embezzlement? To begin to understand what particular violations in question. After all, every crime has its own definition.

embezzlement

Embezzlement – this is a form of theft. We can say that in the Commission of this crime, you fully possess the property, and somehow dispose of them: sell, give, give. In General, do not use for their own needs.

But the assignment – it is quite another concept. It describes the theft with the goal of keeping property in their power. Took and gave on time - it is a vivid example of the crime. Please note: before waste happens assignment. One without the other is unthinkable. Therefore, the article of the Criminal code, responsible for the punishment will be uniform.

Theft are different

To make it clear exactly what was going on, it is necessary to consider various forms of theft. Then it will be possible to distinguish one crime from another. Although it's not as easy as it seems. In Russia, the ways of taking someone else's property is not always clearly visible differences. But to try to understand all it's worth. But the robbery is done openly. No secret of his intentions.

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There is such a thing as theft. This term is usually called theft. But it is wrong. By law, theft is characterized by the secret taking someone else's property. That is the secret. It's important for the offense.

article 160 of the criminal code

Forms of theft include fraud. It is characterized by obtaining the rights to someone else's property through abuse of trust or deception. The last point that should be remember – it is a definition of robbery. The crime – nothing like an assault with the purpose of obtaining the property of others. It is accompanied by threats of violence and direct bodily injury to the victim.

It should Now be a noticeable difference misappropriation or embezzlement from other forms of theft. If still not clear, it is in these two cases, the assets initially entrusted to the offender. That is, victim self-reports things, but back in the agreed terms is not received. Nothing complicated!

Money as a punishment

And now we can look at possible punishments for the act committed. The thing is that in Russia you will be taken to the article 160 of the criminal code. It spelled out all the rules and regulations of the fight against perpetrators of misappropriation and embezzlement. It's not the worst crime, so the measure is not quite serious, albeit tangible.malice

So, for example, you can count on a fine. If you have appropriated another's property or squandered it, is entitled to remuneration. Their size is established by the courts, but may not exceed 120,000 rubles. Or as alternative solution, is taken the income of the offender for a period of up to 12 months. Although much depends on the circumstances.

Work, Work, work

You spent someone else's? And maybe, just appropriated someone else's property? In the absence of aggravating circumstances (more on those later) you can get off with a fine. But not always. At the discretion of the court selected measures seem to be effective against a specific person. Their range is limited, but there is.

For Example, public works. They can be mandatory, corrective or coercive. Not the most cruel punishment. The maximum length thereof is set in the range up to 240 hours, 6 months, 2 years. However, such penalties do not occur too often. In judicial practice, namely cash payments are assigned to criminals. Sometimes they are accompanied by compensation for moral damages.

An Assault on freedom

Embezzlement, as has been said, – not the most terrible criminal offenses. Some even can't think about the fact that these acts put severe punishment. Fortunately, in Russia provides for more stringent measures for those violations.form of theft

What? Infringement of human freedom. It is the restriction thereof to varying degrees, able to scare and motivate citizens to observe the laws. Please note – our current crimes will provide the offender or on probation for 2 years, or imprisonment for the same period of time. Note that all this only acts without aggravating circumstances.

Significant damage or collusion

And what if there has been misappropriation or embezzlement of property by prior conspiracy of a few individuals? Either as a result of this crime victimcaused significant damage? Really will rely on the above measures? Not at all. After all, it is considered a burden.

According to article 160 of the criminal code, the measures themselves remain the same, but their severity increases. That is, the fines will increase by more than 2 times. Now for the crime will have to give 300 000. And losing income in 2 years. Provision is also required (for 15 days), probation (1 year) and compulsory (5 years) of work. In brackets the maximum duration of the sentence. It will depend on the damage and the situation in General.

Features

Only this features does not end there. Misappropriation and embezzlement, which are punishable by various types of social labor, can additionally be combined with some other measures. Namely – with the restriction of freedom.litigation on misappropriation and embezzlement

What does that mean? In addition to the work of one type or another, the offender may designate in the court order restriction of liberty. Its maximum duration will be 1 year. And nothing more. But probation is not available if the offence is committed in collusion or was accompanied by the infliction of significant damage to the victim.

The position

The Article "Embezzlement" does not end there. In some situations the offence is committed through the use of his official position. Or just a citizen, but in larger sizes. In such cases you will have to incur a more severe penalty.

The Thing is that embezzlement or misappropriation, committed in large amount, and by use of official position, are punished with fines. Only in this case, the minimum payout is 100 000 rubles (note, in previous hands, there is no such restriction), and the maximum-500 thousand. The court may impose a monetary penalty in an amount not exceeding the profits of the offender for 3 years.

Can be considered forced labor of 5 years of restriction of freedom (for 18 months) or imprisonment for 5 years with a fine of (monthly salary of the offender or 10 000), as well as with probation for a year.

article embezzlement

Another non-standard measure (it is in fact not so common) – deprivation of the right to occupy certain posts or to work in a particular field. With the use of official position and misappropriation/embezzlement of the property of others such punishment lasts for 5 years. By the way, to get a job after this kind of measure in previously banned areas will be extremely difficult. Usually, the bans get leadership positions and work in the field of Economics, politics, Finance.

Actions

The Assignment (criminal code) can be punished otherwise. The thing is that our current crimes committed on a large scale, are the most serious scenario. Absolutely like embezzlement/misappropriation of an organized group (not to be confused with collusion – it is a different concept).

In such circumstances relies only imprisonment. Moreover, no other measures are foreseen in the modern Russian legislation. Criminals are thrown in jail for 10 years (maximum). As a "bonus" to assign a cash payment up to 1 million or to limit the freedom after his release from prison for 24 months. Just these measures are most afraid of the population. But the jurisprudence of the misappropriation and embezzlement are usually faced with either crime without aggravating circumstances, or when it causes significant damage to the victim.

Comments

The Huge role played by comments to this article. They help to understand many features of crime. For example, reveal the structure thereof and indicate the minimum age of the defendant. Criminal liability for misappropriation/embezzlement comes from 16 years. Important: person must be capable, otherwise, no crime will not be exact.

Why? All due to the fact that the person assigns and wasting other people's things consciously. This is an important point. Usually the citizen has some purpose, motivation, malice. How to understand what this component was? If the offender was able to return the property to the owner, but he didn't, so the intent was. But the lack thereof does not constitute a crime.

the assignment of the criminal code

In this interesting and important moments do not end there. Please note that if the defendant made full reparation to the victim damages, is not excluded the offense. That is, it is not grounds for dismissal. Malice still has a place.

The review indicates when you can consider the crime committed in especially large sizes. It is important to understand. Under the law, if the value of the property exceeds 250 000 rubles, embezzlement or misappropriation considered committed in especially large sizes.


Article in other languages:

AR: https://www.tostpost.com/ar/the-law/5962-160.html

BE: https://www.tostpost.com/be/zakon/10608-prysvaenne-abo-rastrata-artykul-160-kk-rf.html

DE: https://www.tostpost.com/de/das-gesetz/10610-unterschlagung-oder-veruntreuung-artikel-160-des-strafgesetzbuches-der.html

ES: https://www.tostpost.com/es/la-ley/10614-apropiaci-n-o-malversaci-n-el-art-culo-160-del-c-digo-penal.html

HI: https://www.tostpost.com/hi/the-law/5964-160.html

JA: https://www.tostpost.com/ja/the-law/5962-160.html

KK: https://www.tostpost.com/kk/za/10608-ielen-p-alu-nemese-ysyrap-etu-160-bap-rf-k.html

PL: https://www.tostpost.com/pl/prawo/10610-nadanie-lub-defraudacji-artyku-160-kodeksu-karnego.html

PT: https://www.tostpost.com/pt/a-lei/10605-a-atribui-o-ou-o-descaminho-artigo-160-do-c-digo-penal.html

TR: https://www.tostpost.com/tr/hukuk/10614-atama-veya-zimmete-para-ge-irme-madde-160-ceza-kanunu-nun.html

UK: https://www.tostpost.com/uk/zakon/10611-privlasnennya-abo-roztrata-stattya-160-kk-rf.html

ZH: https://www.tostpost.com/zh/the-law/6491-160.html






Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

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