Hijacking a car (article number 166) - how many years? About the theft of a car or other vehicle
Illegal seizure of a car or othera vehicle is an unlawful act. How is this formulated in the law? Under hijacking is understood an unlawful action aimed at capturing someone else's motor transport without the purpose of appropriation in parts or entirely. Also, an unauthorized trip on this transport. The criminal law prohibits theft of a car (art. 166). How many years are threatened for this act? This is determined depending on how the crime was committed.
Coal is the fact, if on motor transportthe engine was started. For example, he moved by tow, tow truck, by hand, etc. The place of hijacking can be any place in which the owner left his transport: car garage, parking lot, street, car park, enterprise, etc.
Another vehicle - what is it?
The lawmaker in the article about car theft orAnother vehicle does not give an explanation of what is meant by another means of transportation. From the commentary to the article it follows that these are trams, tractors, self-propelled machines and other mechanical transport models. These include machines designed not only for transportation, but also for other purposes. For example, asphalt paver, combine harvester and others, that is, those equipped with an autonomous engine. Here everything is simple. For example, a bicycle is not a mechanical vehicle, since it is not equipped with an engine. Also, models with an engine capacity of less than 50 cubic meters do not apply here. see, for example, it can be motorbikes.
What is not hijacking?
The concept of hijacking is formulated in the Criminal Code of the Russian Federation (Article 166)- wrongful occupation of a car. Simply put, you can only steal someone else's transport. Consequently, the offender should not have any permission or rights to use the object in question.
It is not a hijacking case if one of the membersthe owner's family arbitrarily took the vehicle, as well as other persons who had previously been allowed to take the car without the additional consent of the owner.
It is also not considered a crime tothe person arbitrarily used the vehicle, occupying the position of a full-time driver in the organization to which this car belongs. It is not considered stealing, if the motor transport is taken over because of emergency. For example, this happened when the offender was apprehended.
A driver who has been suspended from the management of transport or who previously worked as a driver, who has taken the car for use, commits hijacking.
If the criminal entered the cabin for the purpose of stealingmotor transport, unsuccessfully tried to get it, and also committed other similar actions - this qualifies as an attempt on theft. Such actions are also considered a violation and punishable. The case in question is classified as an attempt, unless another goal of penetration into the machine is established.
Age of liability
The criminal legislation provides forage of liability from sixteen years for car theft (art. 166). How many years can a citizen get for this type of crime? This will also depend on the number of persons who committed it, the repetition or the primacy of the actions in question. Other circumstances influencing the amount of punishment will also be taken into account.
Time for car theft
The criminal legislation provides for a termpunishment from three months to twelve years of restriction of freedom for car theft. How many years will they give for this deed? The answer is uniquely difficult. Everything depends also on how this crime was committed. If the motor transport is taken over without the purpose of its theft, then the term of restriction of freedom to three years or imprisonment for the same period of time is provided. If the crime is committed repeatedly, by a group of persons or by using violence that is not harmful to life or health, then it is punished more seriously. This term can be up to seven years. When a crime is committed by a group of persons, it matters whether the accomplices took part and how they participated in the act. In this case, direct management of transport is not necessary for all members of the group.
Under the act that was committed with the help ofthe use of violence that is not life-threatening, or by threatening the use of such methods of influence is understood as battering the victim, as well as causing other physical pain that does not lead to a short-term health disorder.
The perfect crime with the use of violence is punishable for up to twelve years. If the deed is carried out by an organized group, the punishment may be imprisonment (up to 10 years).
How to behave if you stole a car?
Kidnapping is profitable andwell-established business, as it often happens with the goal of gaining profit. For those guilty, punishment is not an obstacle. Although the kidnapping of the vehicle provides for severe sanctions, which is regulated by Article 166 of the Criminal Code of the Russian Federation. The correct reaction to car theft is an immediate call to the police. It is impossible to delay the circulation. Timely actions will increase the chance in searching for a car when carrying out search activities. A call received late can significantly reduce the chances. After all criminals can for this time drive away the car in a secluded place.
Cancel an article about car theft
The State Duma has already been repeatedly introducedproposals for the cancellation of a separate article on the hijacking of a vehicle. The last sentence came from a member of the Just Russia party, in which the proposed crime was equated with Article 158 of the Criminal Code of the Russian Federation "Theft". This is explained by the fact that hijackers who have taken over a car for the purpose of driving without the intention of theft are punished for hijacking a car - article 166. How many years can I get for this? It turns out that the punishment may be half as long as the time for committing a major theft. At present, it is decided to leave the article on hijacking unchanged.
How to protect yourself from theft
Mechanical lock, alarm,immobilizer, satellite system - all these tools help to prevent car theft (Article 166). How many years there is a car market, so many time owners of cars take various measures to protect their car from theft.
A mechanical lock is currentlythe arrival of electronics has lost its popularity. Although it is a good tool in the fight against theft. The mechanical locking devices are individually locked with a key, like the steering lock. The considered adaptation is established on a transmission, pedals, a cowl, a wheel, a steering wheel.
Alarm, even the most inexpensive, is capable ofprevent hijacking, scare away animals, and hooligans. Now it is customary for cars to install models in which feedback is used. Simply put, when an intruder attempts to enter a machine, the owner will receive a message on the key ring.
Immobilizer is a device that onlythe owner of the vehicle can turn off or bring into operation. It is capable of breaking important circuits provided in the ignition system. If the criminal takes possession of the original key, he will not be able to get the car he needs.
Satellite system - anti-theft mechanism,intended to detect an already stolen vehicle. Since the attackers learned to cope with the stub and with this mechanism, the satellite system began to be reinforced with additional alarms and immobilizers.