Topic 11. Criminological characteristics of crimes against property and their prevention

Crimes against property are socially dangerous acts that encroach on the actual social relations of property. The components of crimes against property are provided for by the norms of Ch. 21 "Crimes against property" sec. VIII "Crimes in the sphere of economy" of the Special Part of the Criminal Code. The object of such crimes is property, and property, regardless of its form and owner. The direct object of crimes should be understood as certain types of property.

The subject of crimes against property is most often movable property (currency, securities, vehicles), but it may well be real estate. So, in some crimes of this kind, the subject is the right to property.

Weapons, radioactive materials, narcotic drugs cannot be the subject of crimes against property, since the theft of these objects threatens public security relations and such acts are provided for by other offenses. Documents (passport, diploma) are also not the subject of crimes against property.

All crimes against property can be divided into three groups.

1. Theft of someone else's property. Theft in the articles of the Criminal Code refers to the illegal gratuitous seizure and (or) conversion of someone else's property for the benefit of the perpetrator or other persons committed for personal gain and causing damage to the owner or other holder of this property.

There are the following signs of theft:

▪ selfish goal. Disinterested theft is nonsense: if someone takes someone else’s thing not in order to use it in their own interests, but for another purpose, then this is a different crime, not theft;

▪ gratuitous. If someone took property, but left its owner money for it (in proportion), then this will not be theft. The discovery is also usually not a theft;

▪ seizure. It represents the alienation of property from the legal possession of the owner or other owner and its transfer to the actual use and disposal of the perpetrator. Confiscation always has one clearly defined direction: from the owner to other persons who do not have the right to property.

This group of crimes against property includes: theft, i.e. secret theft of someone else's property (Article 158 of the Criminal Code); fraud, i.e. theft of someone else's property or the acquisition of the right to someone else's property by deceit or breach of trust (Article 159 of the Criminal Code); misappropriation or embezzlement, i.e. theft of someone else's property entrusted to the guilty (Article 160 of the Criminal Code); robbery, i.e. open theft of someone else's property (Article 161 of the Criminal Code); robbery, i.e., an attack for the purpose of stealing someone else's property, committed with the use of violence dangerous to life or health, or with the threat of such violence (Article 162 of the Criminal Code); theft of objects of special value, i.e. theft of objects or documents of special historical, scientific, artistic or cultural value, regardless of the method of theft (Article 164 of the Criminal Code).

Theft is the secret theft of someone else's property, i.e. taking possession of it without the knowledge of the owner and other persons. Theft occurs when the perpetrator seizes property secretly and wishes to seize it secretly. In secrecy, it is necessary to single out objective and subjective moments. The subjective moment is of decisive importance: if a person thinks that he is kidnapping secretly, but in fact he is being watched, then this will still be theft. The main thing here is the psychological attitude of the perpetrator to the act being committed. Theft is considered a completed crime from the moment when the perpetrator seized the stolen property and got a real opportunity to dispose of it at his own discretion (for example, if the stolen property was found in a person at the factory gate, then this would be an attempted theft, since there was no real opportunity to dispose of the property).

Fraud is the theft of someone else's property or the acquisition of the right to someone else's property by deceit or breach of trust. Article 165 of the Criminal Code (causing property damage by deceit or breach of trust) is similar to the article under consideration, but the crime provided for by it is not theft, since it is not related to the taking of property and is a composition that, on the objective side, is, as it were, the opposite of fraud. When causing property damage in accordance with Art. 165 harm to the owner is not caused by seizure, but, on the contrary, by establishing obstacles to the receipt of valuables or property by the owner. For example, the conductor of a train car assigns fares for stowaways, i.e., funds that should have been received do not enter the railway fund as a result of such actions of its employee who abuses the trust placed in him.

Assignment and embezzlement differ from theft on the subject. The guilty subject here is the person to whom the property is entrusted and documented. Appropriation differs from embezzlement in a number of objective ways. So, in case of appropriation, the stolen property is retained by the guilty person, and in case of embezzlement, it is alienated (sold, changed). Usually, embezzlement is a more dangerous crime, since when appropriated, the owner has the opportunity to return the stolen property.

Robbery is the open theft of someone else's property. Such theft is recognized as open, which is committed in the presence of the victim or property guards or in full view of unauthorized persons. The main thing in this case is the awareness of the fact that theft is being committed. If the persons did not realize this, then this would not be robbery - this is theft.

Robbery has exactly the same qualifying features as theft. There are no features of this type of crimes against property, including robbery with illegal entry into a dwelling, that distinguish them from theft. It is only important to establish that the entry is illegal: if the offender enters the premises by fraudulent means, then this is also illegal entry. The only qualifying feature other than theft is robbery with the use of violence not dangerous to life or health, or with the threat of such violence.

What level of violence should there be? Violence in this case refers to beating, striking, binding. If you hit with a brick, then this is already life-threatening violence, and it qualifies as robbery. In disputable cases, an expert examination is appointed. If, when taking possession of property, the perpetrator caused at least slight harm to the health of the victim, then this is also considered robbery, since such violence does not fall under the signs specified in paragraph "d" part 2 of Art. 161 of the Criminal Code.

Robbery is an attack for the purpose of stealing someone else's property, committed with the use of violence dangerous to life or health, or with the threat of such violence. Article 162 of the Criminal Code, containing the qualifying signs of robbery, indicates the formal composition of this type of crime against property, therefore, from the moment of the attempt, the robbery is considered completed. With this provision, the legislator deprives robbers of the right to benefits, i.e., there cannot be an attempt to commit a crime, and in fact, in the event of an attempt, the court can impose no more than three-quarters of the maximum punishment. So, bringing a glass of wine with clonidine is also an attack, bringing the victim into a helpless state with the help of psychotropic substances. It is proposed to describe robbery on the basis of its differences from robbery. Violence is recognized as dangerous if at least slight (or more) harm to health has been caused or there was a real threat of such violence. When causing grievous harm, a qualified robbery takes place. For example, if you take a person by the throat with your hand, this will also be robbery.

Theft of items of special value. In Art. 164 of the Criminal Code refers to theft, but does not name any method of theft of items of special value. It can be the theft of a painting, and robbery, and robbery. In other words, the objective side of this crime is expressed in the theft of especially valuable items in any way, such as theft, robbery, extortion, etc.

2. Causing property or other damage not related to theft. This group of crimes against property includes: extortion, i.e. the demand for the transfer of someone else’s property or the right to property or the commission of other actions of a property nature under the threat of violence or destruction or damage to someone else’s property, as well as under the threat of disseminating information disgracing the victim or him close or other information that may cause significant harm to the rights or legitimate interests of the victim or his relatives (Article 163 of the Criminal Code); causing property damage by deception or abuse of trust, i.e. causing property damage to the owner or other owner of property by deception or abuse of trust in the absence of signs of theft (Article 165 of the Criminal Code); unlawful taking of a car or other vehicle without the purpose of theft (Article 166 of the Criminal Code).

Extortion is the demand for the transfer of someone else's property or the right to property, or the commission of other actions of a property nature under the threat of violence or the destruction or damage of someone else's property, as well as under the threat of dissemination of information disgracing the victim or his relatives, or other information that can cause significant harm. rights or legitimate interests of the victim or his relatives. It turns out that extortion is only a demand, the moment of the end of the crime in this case from the moment of the demand is transferred to the moment of the attempt. The actual taking of property is outside the scope of the composition provided for by this article. Only if we are talking about extortion on a large scale, taking possession matters, since this qualifying feature can only be imputed on condition of a real transfer of property on a large scale.

The demand for the transfer of property may be accompanied by the threat of violence, the threat of distributing information that dishonors the victim, or other information, such as disclosing the secret of an adoption. Within the meaning of this article, "relatives" should be understood as any citizens whose life, health and well-being are dear to the victim.

This type of crime is committed with direct intent, its subjects are persons who have reached the age of 16 years.

As in the case of violent robbery and robbery, in the case of extortion, the criminal tries to take possession of another's property, using violence or the threat of such violence. However, with extortion, the victim retains the opportunity to turn to the authorities to protect his interests, i.e., with extortion, there is a gap in time between the demand for the transfer of property and the actual possession of property, between violence and the receipt of property. This gap in time can be used by the victim to protect their rights and interests.

Causing property damage by deceit or breach of trust. This composition is very similar to a scam. The offender here does not take a penny, but does not give, for example, the organization the opportunity to receive from customers what is due to it for services, the guilty one does not give the opportunity to implement the function of replenishing property. For example, the inheritance was supposed to go to the state, but the acquaintances of a single woman decided to deceive the state, they said that they had been dependent on the uninherited woman for the last few years, and received property. The Supreme Court of the Russian Federation qualified this case under Art. 165 of the Criminal Code.

A distinctive feature of this composition is also the fact that the damage caused to the owner as a result of fraud or breach of trust includes not only direct losses in the form of non-receipt of certain funds or property, but also lost profits and other costs resulting from these actions. As for the qualifying circumstances, they are identical to the circumstances discussed above in relation to theft. The infliction of property damage by deceit or breach of trust is considered repeated if it was preceded by theft, robbery, etc. The exception here is cases of causing major damage. This circumstance does not coincide with the qualification of theft on a large scale, since it includes not only direct material losses of the owner, but also losses in the form of lost profits.

Illegal possession of a car or other vehicle without the purpose of theft. Previously, this crime was called theft. When there were no cars (or there were few of them), there were no corresponding articles in the Criminal Code. Isolated cases of theft were qualified as malicious hooliganism. This article is criticized by the affected owners. Unlike theft, the offender in this crime does not aim to turn the stolen vehicles into his own property or the property of others. Therefore, if you do not prove that the perpetrator wanted to somehow dispose of the car, then only Art. 166 of the Criminal Code and, accordingly, not too severe, according to the victims, punishment. The purpose of the theft may be indicated by the existence of an agreement with the buyer, the systematic nature of actions (for example, the offender has already stolen several cars). Theft can be carried out secretly, its owner can be pulled out of the car under threat - in this case, theft can be like a robbery. It is possible to distinguish between these compositions in the same way as during a robbery, i.e., according to the severity of violence. The crime is considered completed from the moment the vehicle is moved from its permanent location.

3. Destruction or damage to property. This group of crimes against property includes: intentional destruction or damage to property (Article 167 of the Criminal Code); destruction or damage to property due to negligence (Article 168 of the Criminal Code).

Deliberate destruction or damage to another's property. The object of this crime is property, the subject is movable and immovable property. In addition, objects withdrawn from civil circulation can also act as objects of crime. The objective side of this type of crime is the destruction or damage of someone else's property. Destruction is the bringing of property into a state that completely excludes its further use for its intended purpose. Damage entails a partial loss of consumer qualities, deterioration of properties, a decrease in the value of property, as a result of which its further use is difficult.

A prerequisite for the onset of criminal liability under Art. 167 of the Criminal Code is causing significant damage. When determining the significance of damage, it is necessary to take into account not only the value of the lost property, but also its significance, volume, value for the owner and other circumstances.

This crime belongs to the category of intentional, guilt manifests itself in the form of direct or indirect intent (parts 2, 3 of article 25 of the Criminal Code).

According to part 1 of Art. 167 of the Criminal Code, responsibility comes from the age of 16, and for part 2 - from 14. Part 2 of Art. 167 contains a number of aggravating circumstances: intentional destruction or damage to property by arson, explosion or other generally dangerous method or negligently causing the death of a person or other grave consequences.

Destruction or damage to property through negligence. Article 168 of the Criminal Code provides for liability for the same actions as Art. 167, but with a careless form of guilt. In part 2 of Art. 168 provides for increased liability for the destruction of property on a large scale, committed by careless handling of fire or other sources of increased danger, or entailed grave consequences.

Criminological characteristics of crimes against property. Crimes against property are a set of so-called common criminal mercenary crimes, i.e. acts that involve the direct illegal taking of someone else’s property, committed for selfish reasons and for the purpose of unjust enrichment at the expense of this property, and without the subjects using their official position, not associated with a violation of economic ties and relations in the economic sphere.

The essential features of such crimes are as follows:

▪ encroachment on someone else's property. The crimes in question mainly encroach on things, including money and securities, and other property. Extortion may be associated with a demand for the transfer of rights to property. The property of both individuals and legal entities can be alien to the criminal; the owners of property can be the state, organization, association; it does not matter whether a person owns this property, or uses it, or only disposes of it;

▪ selfish purpose, i.e. unlawful gratuitous seizure and (or) circulation of someone else’s property in favor of the offender or in favor of another person. Here there is a motivation for profit, enrichment, and material gain.

Practically, as about ordinary criminal mercenary crimes, one can speak of those acts against property that are characteristic of professional criminals, other representatives of the criminal environment, but are committed not only by them. In the total number of these crimes, the proportion of acts of minors and young people is always large.

When conducting criminological research, a so-called comparable array of ordinary acquisitive crimes is singled out: these five types of crimes account for almost 90% of all ordinary acquisitive crimes.

This type of crime has a long history, the criminal environment has accumulated and, unfortunately, continues to accumulate experience in committing acts characteristic of it, traditions, skills, methods of committing crimes against property, a subculture and a system of views justifying them are being developed, strengthened and developed. It is associated with the activities of professionals in the thieves' world, that is, professional crime, as well as many manifestations of organized crime. All crimes in this category are characteristic of gangs and many other organized criminal groups. This crime is extremely socially dangerous, causing significant material damage to the state, organizations, associations.

The most common crimes, not only in general criminal acquisitive crime, but also in the general array of crimes, are theft. In the structure of this type of crimes, thefts of citizens' property quantitatively predominate (a third of them are apartment thefts), however, the public danger of encroachment on the property of legal entities does not decrease from this. Theft of large amounts of finished products from enterprises, consumer goods from warehouses, transport cargo, raw materials, various equipment, mechanisms, money from banks and other financial institutions, works of art from museums, icons from churches, and other valuables cause significant damage to the state, organizations, entrepreneurial structures, undermine their economy. In addition, it should be borne in mind that such thefts, especially from protected objects, are carried out after careful preparation, reconnaissance, distribution channels, often the criminal world introduces its people into these structures, which only organized crime can do.

Robberies and robberies are extremely common crimes against property, and they are recorded much less than they are committed. The prevalence of robberies and robberies is evidenced by the fact that a third of the crimes were committed near the home of the victim. It should be borne in mind that robberies and robberies are crimes typical for cities, suburban areas, large settlements, and therefore the state of this type of crime, and even more so the methods of their commission in Moscow and other populous conglomerates, differ slightly.

Fraud, misappropriation of entrusted property are criminologically close. Fraud differs from other types of general criminal mercenary crime against property, which have some fluctuation in the number of recorded crimes, and is distinguished by a rapid growth trend. After thefts and robberies, fraud becomes the most common crime in the structure of common criminal acquisitive crime against property.

Extortion has several varieties. A more “perfect” form of extortion is the organization of permanent illegal or legally operating organizations to protect business structures on the basis of regular monetary tribute received from them at a flexible rate that varies depending on inflation and the expansion of business operations, from encroachments on them by other criminal groups. Another form of extortion is the requirement for an entrepreneur to make a property or financial transaction for a certain amount with a certain subject who is a representative of a structure created by organized crime or under its control.

Specifics of determination and causation. The study of the processes of determination and causation of general criminal acquisitive crime against property is associated with answering the questions: how, why it exists and develops, what social, economic and other circumstances act as the causes that give rise to it; What are the features of the conditions that contribute to the manifestation of the causes and the onset of a criminal result in the form of one or more crimes of this type, and, of course, what are the features of the interaction of all these phenomena in their integration combination?

General criminal mercenary crime against property as an integral part of the integral phenomenon of crime is conditioned by the system of socio-economic relations, its type. At the same time, the interaction of this system and the type of crime under consideration has an important feature: unlike many other types of crimes, ordinary criminal mercenary crime against property is organically linked with the socio-economic system (formation) and its relations. This is explained by the fact that the essence of any formation is, as you know, property relations, therefore, this type of crime is genetically linked to a certain system of property relations. It is clear that the type of crime under consideration, in comparison with its other types, must and does experience the pressure of those properties that are inherent in a certain type of socio-economic relations. At the same time, this type of crime, like no other, concentrates all the essential features of this formation.

The specificity of the determination of common criminal mercenary crime in a market economy lies primarily in their rigid mutual conditionality. The nature of relations is directly or indirectly influenced by numerous and diverse spheres of state and public life, their state, development, direction, content, degree of impact on society, etc. Among them, the areas of particular importance are:

▪ formation of public policy, views, ideas, concepts regarding property - ownership, transformation, security, protection of the owner and his property interest; addressing the issue of equal security and protection or applying the principle of selectivity, priority in relation to certain forms of property and certain owners;

▪ practical activities of the state, i.e. authorized bodies, organizations, officials, to implement ideas, concepts, decisions made by the state regarding property - the commitment of these entities to certain methods, strict political and economic guidelines or all the ability of these entities to make timely adjustments to their activities; attitude towards human and civil rights, regardless of position, size of property, belonging to a certain class, occupation, or directed, often targeted, preference;

▪ culture, science, education, moral education, enlightenment, including legal education, mass information, i.e. those areas that provide the opportunity to actively influence society and individuals, to form views on property.

In addition, among the areas of particular importance in terms of the determination of common criminal mercenary crime, the following areas should be included: social; law-making and law enforcement in the field related to property, its protection, the direct fight against encroachments on other people's property; organization and implementation of the fight against this crime, including its prevention.

At the same time, one should not forget about the influence of such categories, conditioned by the history of the people and the state, as the continuity of generations, the stability of social psychology and civil attitudes about property, including private property; traditions, habits, national-demographic and territorial features associated with the attitude to property, to other people's property. And these categories themselves, and their influence on the state and development of ordinary criminal mercenary crime are very specific.

Already from this enumeration it is clear how complex the causal complex of common criminal mercenary crime against property is. Hence the complexity of the very process of criminological analysis of the causal complex of interacting phenomena, and this process becomes even more complicated when the state and society either go through a crisis or enter a transitional stage of their development.

Among the phenomena that determine crime, the following can be distinguished:

▪ an increase in the property differentiation of the population and an increase in the level of poverty, the stratification of society into a narrow circle of rich people and a predominant mass of poor people who are not confident in their future; an increase in the share of the poor in the city compared to the countryside; rising unemployment; delay in payment of wages, shutdown of enterprises;

▪ criminalization of society and economic activity;

▪ weakening of the system of state control.

Along with the indicated phenomena that determine crime, including ordinary criminal mercenary crime against property, there are others in the conditions of market relations. They are also obligatory and inevitable for market relations: exploitation and super-exploitation; accumulation of capital at the initial stage, often in a criminal way, and in the future - due to the depreciation of labor, obtaining excess profits; inequality of opportunity; competition growing into deceit and violence, which does not stop at any crime; the power of money, the cult of profit, individualism and aggressiveness; detachment and even disregard for people who have not been able to adapt to these relationships; the spread of mercantilism to activities in the field of culture and the sphere of moral values.

All this is the foundation of crime against property, objectively existing negative economic, political, social and moral circumstances that give rise to criminals and crimes that primarily encroach on other people's property.

Preventing property crimes.

The strategy for preventing such crimes is to localize the phenomena that form the causal complex of common criminal mercenary crime against property, as well as to prevent or mitigate the consequences of these phenomena. This leads to the application of such measures that could ensure the functioning of the economy in the mode of expanded reproduction (and, consequently, lower unemployment), the stability of the financial system, other measures to strengthen and develop the market, economic relations (general measures).

Measures that have a special focus on the prevention of general criminal mercenary crime include: the creation of economic and legal conditions that exclude the criminalization of society and all spheres of economic and financial activity, the capture of industrial and financial institutions by criminal structures, their penetration into various power structures; examination of decisions made on financial and economic issues from the standpoint of their economic security, as well as mandatory examination of legislative or other regulatory legal acts for the same purpose during their preparation.

Social precautions include:

▪ legal propaganda of the activities of law enforcement agencies;

▪ development of measures to improve the level of material resources of orphanage, social rehabilitation and correctional institutions; housing and living conditions of large and low-income families; creation of special services for children left without a livelihood;

▪ development and implementation of measures to ensure social employment of adolescents and youth, the unemployed and homeless, refugees and internally displaced persons, previously convicted and other persons who do not have a permanent income or other means of subsistence;

▪ creation of rehabilitation centers for people involved in vagrancy and begging;

▪ implementation of measures to develop a network of institutions for social assistance to persons without a specific place of residence and occupation.

In conclusion, we note that the above list of criminological signs of common criminal mercenary crime against property is quite impressive and convincingly confirms how great the social danger of this category of crime is. It is clear that the study of this crime, specific crimes, the development of measures to prevent common criminal mercenary crime against property are the most important thing for criminology.

Authors: Vasilchikova N.V., Kukharuk V.V.

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