Abstract. The problem of distinguishing between theft (Article 158 of the Criminal Code of the Russian Federation) and the appropriation of the found thing is one of the most difficult in modern criminal law doctrine. The practice of applying the criminal law today has taken a repressive path, and the judicial and investigative authorities critically assesses all such facts without taking into account the totality of objective and subjective signs, which, in our opinion, is the application of the law by analogy. It is summarized that in the form in which this criminal law norm exists in the criminal law, its substantive features do not allow to distinguish a criminal act from an uncriminal act, which is a violation of the principle of justice. In addition, the appropriation of the found and the secret theft differ in the degree of public danger of the deed. In order to eliminate legal uncertainty, it is proposed to adjust the current criminal legislation.
Keywords: theft, embezzlement, discovery, law enforcement, criminal liability, seizure, possession, ownership, property, appropriation of found, lost thing, abandoned thing, principle of justice, legal uncertainty
For citation: Chukin D. S. Theft or Discovery: Where is the Watershed Line? Izvestiya Saratovskogo voennogo instituta voysk natsional’noy gvardii. 2023;(3):112-121. Available from: https://svkinio.ru/2023/3(12)/Chukin.pdf. (In Russ.).
