of May 24, 2016 No. 23
About introduction of amendments to separate Resolutions of the Plenum of the Supreme Court of the Russian Federation on criminal cases
Due to the questions which arose at courts of law, the Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, Articles 9, 14 Federal constitutional Laws of February 7, 2011 No. 1-FKZ "About courts of law of the Russian Federation", decides to make changes to the following resolutions of the Plenum of the Supreme Court of the Russian Federation.
1. The resolution of the Plenum of the Supreme Court of the Russian Federation of December 27, 2002 No. 29 "About court practice on cases on theft, robbery and robbery" (with the changes made by resolutions of the Plenum of February 6, 2007 No. 7, of December 23, 2010 No. 31 and of March 3, 2015 9) to add No. with Item 23.1 of the following content:
"23.1. Draw the attention of courts that, in law sense, responsibility on the Item "g" of part 2 of article 158 Criminal Code of the Russian Federation comes for making of theft from clothes, bag or other hand luggage which were only in case of living person. If person commits theft from clothes, bag or other hand luggage after approach of death of the victim, its actions in this part do not form the specified qualifying sign.
Finding of property in case of the victim means that clothes, the bag or other hand luggage from which this property is stolen are on the victim, in his hands or direct proximity from the victim.
Features of condition of the victim (for example, dream, intoxication, consciousness loss, mental disturbance, etc.) for qualification of crime on the Item "g" of part 2 of article 158 Criminal Code of the Russian Federation do not matter as use by the subject of crime of condition of the victim does not exclude its intention on plunder from clothes, bag or other hand luggage and only specifies secret nature of such plunder.".
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