Journal article Open Access
N.D. Slotvinska, Yu.Ya. Bodnar
The article provides a legal analysis of existing rules for criminal liability for property crimes under Australian criminal law (both federal and state). In Chapter 7 of the Criminal Code of 1995 you can find a description of criminal offenses against property. The first of the property offenses of the Criminal Code of 1995 is reflected in section 131 - theft. This crime is committed by a person if the person dishonestly takes possession of property belonging to another, with the intention of permanently depriving another property and if the property belongs to a legal entity of the Commonwealth. Subsection 132 discloses other property offenses, in particular describing in detail: robbery, aggravated robbery, burglary, dishonest possession or retention of property, etc.
It is quite interesting to consider the legal framework at the level of the states of the Union. Under Victoria's criminal law, there are a number of property offenses. Under Article 72 of the Crimes Acts of 1958 (Crimes Acts 1958), theft is defined as the dishonest appropriation of property belonging to another in order to permanently deprive another of property. According to Article 197 of the Law on Crimes, a crime with destruction or damage to property intentionally and without legal justification is described. This offense can be committed regardless of whether the property belongs to another person or to the accused. The maximum penalty for such an offense is 10 years in prison
The question of burglary is interesting. Under Victoria law, if a person enters a building as an infringer with intent to steal or damage a building or property in a building, he or she is guilty of burglary. This offense is punishable by imprisonment for up to 10 years . The same crime is described in Queensland law as follows: “Any person is subject to a criminal offense who enters or stays in another's home with intent to commit a crime. The maximum penalty is 14 years in prison.
It has been proven that property offenses relate primarily to the destruction, damage or theft of property. Property relations are an important value in society, so their regulation in the criminal field is crucial. Australian legislation details property offenses, their types, as well as the definition of various concepts, additional characteristics contributes to a better understanding and classification of crimes.