In the state Duma proposed to cancel article for Grand theft auto

26 March 2018

From article 166 of the criminal code trying to delete is not the first time

In the Russian automobile society was a long-standing idea of stricter liability for the theft of the vehicle. The reasons are simple: the number of such crimes is not decreasing, however, their clearance rate is very low. In the end, suffer the usual motorists: those who stole and those who subsequently bought the car, if its number plate was "broken". However, now there is a chance that the article will be removed from the Criminal code.

The author of this initiative was the Deputy head of the faction "Fair Russia" Oleg Nilov. He proposed a bill which proposes to recognize as invalid article 166 of the Criminal code, "misappropriation of a vehicle without the purpose plunders (stealing)". According to nil, such an action should be classified under article 158 of the criminal code "Theft".

In the explanatory note to the document, Oleg Nilov argues that there are cases when the perp stole a car, but did not have time to sell it or to dispose in any other way. In this case, the application of article 166 of the criminal code. If the attacker already got rid of the car, then we are talking about the article 158 of the criminal code. According to Oleg Nilov, the objective side of the crime in both cases is the same.

It is noteworthy that earlier the State Duma has already introduced similar proposals. But then they had more compelling reasons: previously, the difference in punishment for stealing and theft was substantial. After that, the statutory minimum liability for the theft equated with theft committed by a group of persons upon a preliminary collusion, causing significant damage, unlawful entry to the premises. In both cases, the offender faces up to five years of imprisonment. In this case, if the theft is committed by a group of persons upon a preliminary collusion, then apply part 2 of article 166 of the criminal code — up to 7 years of imprisonment.

The experts believe that with the abolition of article for carjacking at least some of the criminals in General can remain without punishment. The fact that article 158 of the criminal code can be alleged only if they fixed the obvious traces of tampering or the use of special technical means. It is believed that the man then got into the car with purpose to deprive the owner of his property. In other words, the main thing — to prove intent.

The so-called peregonschikov's impossible to judge for theft. They didn't hack the car, and from a formal point of view could get in the already opened car. Now they are charged with article 166 of the criminal code, but if to get rid of it, this category of criminals will be left without responsibility.

It is curious that Oleg Nilov is not the first time introduces such a bill for consideration. Three years ago, in 2015, he has acted with the similar initiative. That is, the belief in their own rightness or someone else's lobby?

According to the interior Ministry for the year 2017 in Russia was stolen almost 43 thousand cars. Thus brought 21 thousand cases under article 166 of the criminal code "Theft".

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