Secret theft

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Burglary, illustration from 1900
Car, the wheels of which have been removed (presumably in secret)

Secret theft ( Russian Кража ) is a property offense under the law of the Russian Federation . The offense of secret theft is standardized in Section 158 of the Criminal Code of the Russian Federation . This includes the intervention in all forms of property. The movable thing is owned by someone else and is therefore alien to the person who committed the secret theft.

Secret theft is to be distinguished from the other property offenses under Russian law in the form of the removal of someone else's movable property, open theft , robbery , fraud and embezzlement . Theft is considered secret if:

  • the owner of the property and third parties were not aware of the removal; even if the owner had no knowledge that his property had been illegally appropriated (e.g. removal of the surplus of goods that had not yet been determined in the course of the inventory),
  • the removal took place in the presence of persons from whom the perpetrator did not expect any resistance (his relatives or acquaintances),
  • In the event of the stealing, those present were aware of the illegality of the action taken (e.g. when a painting was removed from a museum in the presence of the visitors, allegedly for restoration purposes).

According to the principle of subjective attribution of guilt, the removal is qualified as secret theft if the perpetrator was of the opinion that he acted in secret, even if his actions were objectively not kept secret.

  • The object is the relationship to the concrete form of property, the specific affiliation of the property taken away (object of overt theft).
  • The objective fact is characterized by the secret character of the removal (secret non-violent removal of a foreign movable object).
  • The subjective fact requires guilt in the form of direct intent. A selfish motive is characteristic of him. The perpetrator must pursue the goal of appropriating someone else's movable property.

Secret theft is considered an accomplished crime from the moment the culprit has taken away someone else's moveable property and been given a real opportunity to dispose of it at will, regardless of whether or not he was able to use this opportunity.

literature

  • AI Bojcov: Prestuplenija protiv sobstvennosti. Juridičeskij centr Press, Saint Petersburg 2002, ISBN 5-94201-062-5 .
  • SM Kočoi: Otvetstvennost 'za korystnie prestuplenija protiv sobstvennosti. 2nd add. And edit. Edition. ALTĖJA, Moscow 2000, ISBN 5-93476-009-2 .
  • A. I Rarog: Ugolovnoe pravo Rossii. Časti Obščaja i Osobennaja. 5. add. And edit. Edition. TK Velbi, Prospectus, Moscow 2004, ISBN 5-98032-591-3 .