Large-Scale Damage to a Citizen as a Criminal Consequence of Theft: Law Enforcement Practices

The qualification of theft causing large-scale damage to a citizen is undoubtedly a topical problem due to a high incidence of thefts among all recorded crimes as well as their qualification and interpretation. Drawing on the scholarly literature and judicial practice, the author analyses a large-scale damage as a theft consequence to highlight the gaps in its interpretation by the Supreme Court of the Russian Federation. The analysis results in a number of criteria for recognizing damage as large-scale. In terms of their content, these criteria should primarily be based on the real value of the stolen property, determined in accordance with all the requirements of objectivity and comprehensiveness. In addition, the second criterion necessitates taking into account the ratio of this value to the victim's property. In turn, the indicator of property importance should not be of any relevance for qualifications. The presented interpretation of the concept of "large-scale damage to a citizen" is more consistent with Note 2 to Article 158 of the Criminal Code of the Russian Federation, limiting the content of this consequence solely to the amount of harm and property status of the victim. However, the Plenum of the Supreme Court of the Russian Federation excessively expanded the list of circumstances indicating large-scale damage, having included both unnecessary characteristics and listed as independent those indicators that essentially relate to property status.

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