ST 159 of the Criminal Code of the Russian Federation.
1. Fraud, that is, stealing someone else's property or acquiring the right to someone else's property by deceit or breach of trust, -
shall be punishable by a fine in the amount up to 120 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period up to one year, or by compulsory labor for a term of up to 360 hours, or by corrective labor for a term of up to one year, or by restraint of liberty for a term of up to two years, or by forced labor for a term of up to two years, or by arrest for a term of up to four months, or by deprivation of liberty for a term of up to two years.
2. Fraud committed by a group of persons by prior agreement, as well as causing significant damage to a citizen, -
3. Fraud committed by a person using his official position, as well as on a large scale, -
4. Fraud committed by an organized group, or on an especially large scale, or resulting in the deprivation of a citizen's right to a dwelling, -
5. Fraud involving intentional failure to fulfill contractual obligations in the field of entrepreneurial activity, if this act has caused significant damage, -
shall be punishable by a fine in the amount up to 300 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period up to two years, or by compulsory labor for a term of up to 480 hours, or by corrective labor for a term of up to two years, or by compulsory labor for a term of up to five years. with restriction of freedom for a term of up to one year or without it, or imprisonment for a term of up to five years with restriction of freedom for a term of up to one year or without it.
6. An act provided for by part five of this article, if committed on a large scale, -
shall be punishable by a fine in the amount of 100 thousand to 500 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of one to three years, or by compulsory labor for a term of up to five years, with or without restraint of liberty for a term of up to two years, or deprivation of liberty for a term of up to six years, with or without a fine in the amount of up to eighty thousand rubles or in the amount of the salary or other income of the convicted person for a period of up to six months, and with restriction of liberty for a term of up to one and a half years.
7. An act provided for by part five of this article, if committed on an especially large scale, -
shall be punishable by deprivation of liberty for a term of up to ten years, with or without a fine in the amount of up to one million rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to three years.
Notes.
1. Significant damage in part five of this article is damage in the amount of at least ten thousand rubles.
2. In the sixth part of this article, the value of property in excess of three million rubles is recognized as a large amount.
3. The value of property in excess of twelve million rubles is recognized as a particularly large amount in part seven of this article.
4. Action of parts five - seven of this article extends to cases of deliberate non-fulfillment of contractual obligations in the field of entrepreneurial activity, when the parties to the contract are individual entrepreneurs and (or) commercial organizations.
Commentary on Art. 159 of the Criminal Code
1. Unlike other forms of theft, the subject of a crime in this composition can be not only someone else's property, but also the right to someone else's property.
2. The method of committing a crime is deceit or abuse of trust.
Deception in fraud (see paragraph 2 of the Decree of the Plenum of the Supreme Court of the Russian Federation of December 27, 2007 N 51 "On judicial practice in cases of fraud, misappropriation and embezzlement") is divided into active and passive.
Active deception consists in deliberately misleading the owner or other owner of property by providing false information, presenting forged documents, distorting electronic information about property and rights to other people's property, etc. Passive deception is a deliberate omission of legally significant circumstances, which the perpetrator was obliged to report.
Deception in fraud creates the illusion of the legality of the transfer of property for the owner or other owner of the property. In other words, the deceit concerns the legal status of the property as due to pass to the fraudster, and the consequence of the deceit is that the victim himself transfers the property to the perpetrator. Accordingly, deception that facilitates access to property does not constitute fraud, but, or, depending on the circumstances of the case (for example, entering an apartment under deceit, stealing things taken for fitting).
On abuse of trust, see paragraph 3 of the Decree of the Plenum of the Supreme Court of the Russian Federation of December 27, 2007 N 51. Abuse of trust plays the function of creating the illusion in the owner or other owner of the property that he is acting in his own interests, transferring to the guilty person the rights of possession, use and property disposal. In fact, the victim acts to his own detriment, since the perpetrator does not intend to return the stolen.
3. In accordance with paragraph 4 of the Decree of the Plenum of the Supreme Court of the Russian Federation of December 27, 2007 N 51, the crime is recognized as completed from the moment when the property came into the illegal possession of the guilty person or other persons and they received a real opportunity (depending on the consumer properties of this property ) use or dispose of it at your own discretion.
4. A qualifying sign of fraud (part 2) is the commission of a crime by a group of persons by prior agreement (see clause 21 of the Decree of the Plenum of the Supreme Court of the Russian Federation of December 27, 2007 N 51) or with causing significant damage to a citizen (see clause 25 - 27 Resolution of the Plenum of the Supreme Court of the Russian Federation of December 27, 2007 N 51).
5. A particularly qualifying sign of fraud (part 3) is the commission of a crime by a person using his official position (see paragraph 24 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 27, 2007 N 51) or on a large scale (see paragraph 25 - 27 Resolution of the Plenum of the Supreme Court of the Russian Federation of December 27, 2007 N 51).
6. On fraud committed by an organized group or on an especially large scale (part 4), see, respectively, paragraphs 23 and 25 - 27 of the Decree of the Plenum of the Supreme Court of the Russian Federation of December 27, 2007 N 51.
Fraud that resulted in the deprivation of a citizen's right to a dwelling presupposes the deprivation not only of the right of ownership to a dwelling (understood in the sense of Article 16 of the Housing Code of the Russian Federation), but also of other real rights to such a dwelling or the termination of a social tenancy agreement.
10. Taking into account the prevailing judicial practice, it is impossible to qualify under Parts 5 - 7 of Art. 159 of the Criminal Code (and parts 1 - 4 of the article are subject to imputation) cases of: a) fraud in the course of activities of a fictitiously formed legal entity or a fictitiously registered individual entrepreneur (that is, those who do not actually intend to carry out entrepreneurial activities); b) entrepreneurial fraudulent activities in relation to items and substances restricted or prohibited for circulation (for example, weapons, narcotic drugs or psychotropic substances); c) fraud in the absence of a formal and legally valid (i.e. not fake) contractual relationship between entities.
11. In contrast to a civil tort, business fraud involves premeditation, i.e. the occurrence of intent to fail to fulfill contractual obligations in the field of entrepreneurial activity until the conclusion of the contract and (or) the occurrence of the obligation (if these moments differ). These points should be determined in accordance with civil law.
The Criminal Code contains an article regulating the procedure for punishment, as well as measures of responsibility for fraud. The basis of this crime is a lie of a citizen in order to get money. It does not matter how the deception was presented: in real life or a new type of fraud - on the Internet.
If fraud is committed, the perpetrator can be held liable in accordance with Art. 159 of the Criminal Code of the Russian Federation. Of course, after committing a crime on the Internet, a fraudster can hide from the law for a long time. If the victim does not give up and looks for the scammer, he will eventually be found and prosecuted for online fraud.
Internet fraud methods
Now, many citizens widely use the Internet for work or leisure. But, not everyone does it with caution. Therefore, they often fall into the traps of scammers. Based on life practice, there are several common methods of Internet fraud:
- Various charitable donations online. The owner of the site launches information about the need to save an animal or a child, and the fundraising begins. Sometimes, even duplicates of existing charitable systems are created.
- Fraud in order to find out the details of a bank card, from which money is subsequently debited.
- Scams regarding the sexual and pornographic industries. Here, the theme of acquaintance with foreigners is often used. For such services, as a rule, require payment. True, they assure naive citizens that this business is worth it and the investment will soon pay off.
- Infection of the computer with various virus programs. It is enough to click on spam links and all systems of a computer or phone run the risk of being hacked.
- Building financial pyramids by making a small investment and attracting other people into the system. To do this, it is necessary to constantly disseminate the same information. The prototype of the pre-existing Leni Golubkov.
- Scam to save a friend. Usually they hack into the pages of friends in social networks, and on their behalf they ask for help. They may ask for a phone number or card number with a code on the back of it.
- Fraud in the online store. A person is invited to follow the link, where they demand some amount of money from him for registration. Sometimes, the victim is asked to make an advance payment for the purchase. Or just a product that a person receives leaves much to be desired.
In fact, there can be a lot of scams. Such methods can be developed and improved endlessly.
What should the victim do
When a person realized that he was faced with this type of fraud, do not give up. Of course, in most cases, such situations are far from optimistic, but there is always a chance to find and punish.
To apply punishment to the culprit, you need to perform a number of actions:
- The first thing to do is report the crime to the police. A special department for combating Internet fraud deals with such cases. Therefore, when the question arises of where to apply, you need to go to such a department and write an application there.
- You can also complain to the territorial office of the state service for the protection of consumer rights.
- It is imperative that attempts be made to block the scammer's wallet. To do this, it is necessary to report violations to the bank or the administration of electronic payment systems. You can demand a refund from them, accusing them of negligence. It is also recommended to put the provider on the ears, it is he who is responsible for the safety and legality of the procedures. Accordingly, he must block the sites of villains.
To avoid further conflicts, it is better to spread information about fraud on the Internet, which will allow many people to avoid problems.
Possible evidence
Before contacting the police, it is necessary to collect evidence of the crime committed. These can be, for example:
Responsibility for this type of fraud
Article 159 of the Criminal Code of the Russian Federation and comments to it contains seven main parts and four points of note.
This normative act describes measures to influence criminals:
- Fraud in the form of theft or misappropriation of rights:
- fine - 120 thousand rubles;
- compulsory labor - 360 hours;
- involvement in corrective labor - a year;
- imprisonment - up to 2 years.
- If the crime is committed by a group of persons in collusion with the use of significant damage, the punishment will be more severe:
- up to 300 thousand rubles;
- compulsory labor - 480 hours;
- correctional labor - 2 years;
- forced labor - 5 years;
- prison - a term of 5 years.
Identical punishments will be received by the offender in case of non-fulfillment of agreements, if this led to significant damage.
- Fraud using official position on a large scale:
- up to 500 thousand rubles;
- imprisonment for 6 years and a fine of up to 80 thousand rubles;
- forced labor for 5 years, including restriction of liberty for 2 years.
The same punishment awaits in case of non-fulfillment of agreements on a large scale.
- Crime committed by a group of persons on an especially large scale:
- a sanction of up to 1 million rubles;
- imprisonment up to 10 years.
The same punishment will be received by a criminal for violating agreements on an especially large scale.
The note of this article of the Criminal Code of the Russian Federation describes the concepts of large and especially large amounts of damage.
The crime of a new type of fraud lies in the presence of deceit and misappropriation of funds. If this is allowed, then criminal liability is applied to the culprit.
Of course, Internet scammers fall under the provisions of the article of the Criminal Code of the Russian Federation. But it is impossible to say how realistic it is to hold accountable. Judicial practice contains a small number of such cases, since this type of fraud is relatively new. Moreover, only a few try to punish the offender.
To punish a swindler on the fact of a crime, it is enough to visit the police station and write a corresponding statement. Now special departments have been created to deal with such types of fraud. Therefore, you should not be afraid to do this. Based on the application, law enforcement agencies are obliged to independently investigate the situation and find the perpetrators. Often, citizens doubt that fraudsters can be punished. With their own hands they make such a crime quite common due to impunity.
Criminal fraud. Why it is better not to lie to the bank about work or salary - today in the "People's Economy", but first the news.
Cyber Monday in Russian. The first day of mass sales in online stores, and January 28 was announced just like that, came out lumpy at the expense of individual participants in the action. The buyers of a number of portals have noticed that the goods exhibited as if with discounts are more expensive than a few days ago. Fortunately, online, it's easy to check. The sellers justified themselves with a technical failure, but did not explain in any way another nuance - why there were either no discounts on popular goods, including smartphones and tablet computers, or were almost invisible. But the action attracted the attention of buyers - the activity was higher than before the New Year. True, the maximum markdown of 75%, which was promised, was found completely for rare goods, but it turned out to be quite realistic to save 10-20 percent. The next time, in theory, a similar opportunity will be provided on the last Monday of next January.
According to statistics, there are more borrowers than economically active Russians. The Central Bank figured out how this is even possible. It turned out to be false titles. And the title here is called the title page of the credit history, which is created even for those who have just applied for a loan and the bank checks for old debts. A person may still refuse money, but a credit history will be brought to him, empty. Errors in statistics are also added by borrowers who change their names, addresses, passports. Also, due to different data formats, one person can have multiple titles. To remedy the situation, the Central Bank proposes not to create dummies. Start counting credit histories from the money actually issued by the bank.
However, lenders believe that any information about a potential client is useful. After all, not everyone tells the truth about himself, embellishes either himself or with someone's help - work, salary. But if the deceit is revealed, now it threatens not just with the refusal of a loan. They can also start a case under the article "Fraud".
The mysterious "loan assistance" is almost certainly a disservice. Especially now, when a criminal article threatens for any lie when applying for a loan. So fake documents to the bank, which, as a rule, are hidden behind such announcements, can lead to very real terms.
A new law "On Fraud" has entered into force, which for the first time spells out the liability of a borrower - an individual for defrauding a creditor. The minimum punishment is a fine of 120 thousand rubles or restriction of freedom - a written undertaking not to leave the place.
“In any case, it turns out to be more expensive to deceive. And some clients are brought to clean water literally in the first minutes of the interview. A person comes to the bank, brings a free-form certificate that the organization gave him that he has a big salary. indicates in the questionnaire the type of his activity, for example, a driver. The question arises: how can a driver receive such money? As a rule, the director of the company receives such money, and not the driver, "explains Vyacheslav Andryushkin, Deputy Chairman of the Board of the Bank (SDM).
However, more often deceivers resort to the help of offices where papers are forged with skill. The Internet is full of offers. They are not even masked. Prices are immediately available. In one of the companies they promise to turn an unemployed person into an employed professional with good experience and salary in a real company for 8.5 thousand.
Income and work certificates are the favorites of counterfeiters. Among state-protected documents - certificates of ownership, passports or rights - forgeries are rare. But in any case, each borrower will be checked by the bank's security service, they will definitely study the credit history and, in case of doubt, go to the banking trick.
"Many banks have such a policy: first they give a small amount, then a large amount in case of successful repayment," says Sergey Sergeev, head of the bank's economic security department (RosEvrobank).
But criminal groups, for whom fraudulent loans are bread, come up with new schemes. They use, for example, other people's hands to apply for a loan - socially unsettled people who are ready to borrow money not for themselves for a small percentage. Such people were recently caught in one of the Russian banks
However, lawyers and honest borrowers are urged to be more careful, and if necessary, ask again when filling out bank documents so as not to become a deceiver involuntarily.
A simple market rule will save you: if you have money, there are no problems: as long as the loan is repaid properly, it will not occur to any lender to double-check the client once again.
Gossip is a lie, but there is a hint in it. Scottish psychologists are seriously concerned about the problem of office gossip and are now proving that not all gossip is equally harmful. In particular, it would be nice for managers to know what is being whispered about behind their backs, maybe it's time to change the management model, loosen the screws a little. Or maybe someone who stays in the background works for two, and it's time to celebrate. But frank slander will not add anything good to the working climate - psychologists advise us all to stop such conversations.
Many of those who have an impressive amount on hand would like it to generate income. To do this, you need to direct funds in the appropriate profitable direction. For example, you can invest them in a promising project. But before doing this, you should be convinced of the reality and legality of this enterprise. Investing money comes with the risk of being deceived by scammers. What do you need to know to secure your savings? We will understand further what types of fraud exist and what is the responsibility for such illegal actions.
General information
There is an article "Fraud" in the legislation. The Criminal Code of the Russian Federation defines this act as a crime in which a person illegally appropriates someone else's property or rights to it. Deception or abuse of trust acts as a method of implementation. There is an opinion that the fact of fraud does not constitute a serious violation of the law, since it is aimed at gullible people who are almost voluntarily ready to part with their property. However, in reality, everything is much more complicated. The case of fraud today is considered one of the most common proceedings in the courts. This crime is equated with theft and is punished quite severely. According to statistics, Russia is one of the states in which various types of fraud are flourishing and rapidly developing. Crimes related to the misappropriation of property or rights to it are different. Offenders use a variety of schemes, tricks that gullible citizens fall for. It should be noted that the prosecutor's office is not involved in the investigation of these crimes. Fraud is a criminal offence. For assistance in making it, you should contact the ATC.
Criminal Code of the Russian Federation: fraud
The new version of the law quite clearly defines the list of crimes falling under this category. Before giving a list, it is necessary to define the concepts used in the law. According to Art. 159 of the Criminal Code of the Russian Federation, fraud is considered one of the options for theft of property. First note Art. 158 indicates that theft is an act of unlawful, gratuitous, mercenary seizure of someone else's thing or rights to it, causing damage to its owner. Here, the moment of the absence of payment for property that has passed to another person is important.
Fraud and breach of trust
As mentioned above, these are the two main tools of scammers. What is meant by deception? It implies:
- Hiding the truth.
- Communication of deliberately false information that does not correspond to reality.
- Forgery of data or passing off a fake object as an item of value.
- Other behavior that misleads people.
Breach of trust is used, as well as deceit, for selfish purposes. Sufficiently trusting relationships can take place between relatives, friends, officials and subordinates, and so on. A breach of trust may, for example, manifest itself in the receipt by the criminal of money for a service or work that he is supposed to perform or for a product that is supposed to be delivered after payment.
Important point
From a legal point of view, it is impossible to call fraud illegal actions accompanied by a breach of trust or deceit towards any person, if they did not entail the theft of property causing damage. Those cases when another's property obtained by deception is subsequently held by force also do not fall under the category of crimes under consideration. For example, an attacker asked a passerby for a cell phone to make a very important call. Having received a mobile, he immediately hides in an unknown direction. According to the Criminal Code, this crime is regarded as robbery. If the property falls into the hands of an attacker through threats against the owner, then this "Fraud" (Criminal Code of the Russian Federation) indicates that the criminal act is considered completed from the moment when the attacker begins to calmly dispose of the appropriated property or rights to it.
A responsibility
Article "Fraud" (Criminal Code of the Russian Federation) for one person establishes the following preventive measures:
Also, the article "Fraud" (Criminal Code of the Russian Federation) establishes liability for a group of persons who committed a crime. The following are used as preventive measures:
- A fine, the amount of which is up to 300 thousand rubles or equal to 24 wages.
- Mandatory work (from 180 to 240 thousand hours).
- Imprisonment (up to 5 years).
- Correctional labor (up to 2 years).
Major fraud or a crime committed in the abuse of office for personal gain is punishable by imprisonment. The term can be up to 6 years with the recovery of up to 10,000 rubles. or in the amount of wages or other income of the convicted person for a period of up to one month or without it. There is also a penalty for such fraud. The amount of penalties - from 100 to 500 thousand rubles. or 12-36 labor salaries. A crime that has been committed by an organized group or caused great damage as a result of it is punishable by deprivation of liberty for up to ten years with a fine of up to one million rubles or 36 salaries, or without the imposition of sanctions.
Characteristics of intruders
Usually scammers have a pleasant, not suspicious appearance. The manner of communication and appearance in this case act as the main tools by which the offender wins over the victim and wins her trust. Very often, scammers play on such base human feelings as greed, the desire to deceive someone, the passion for profit. It is not uncommon for attackers to take advantage of someone's kindness, philanthropy, humanity, and the desire to help their neighbor. Such a wide range of qualities and feelings suggests that no one is immune from illegal actions. Previously, scammers were considered the elite of the underworld. They were educated, intelligent, well versed in psychology. Today, criminals do not even need to show their acting skills. In today's conditions of unlimited access to the Internet and mobile communications, it is quite convincing or at least coherent to express your ideas and thoughts.
Main types of crimes
There are many legends about the ingenuity and cunning of scammers. Criminals constantly come up with various ways to appropriate other people's property, improve existing ones if they stop working. Fraudsters quickly adapt to reality, develop new schemes of atrocities. A fairly striking and very common example is Internet fraud. Not everyone can ignore a request to transfer some amount, even a small amount, for the treatment of a child who is seriously ill, or ignore a message from a supposedly close one that he needs help in the form of a certain amount. Fraud on the Internet is attractive to attackers primarily because all actions are carried out at a distance. This significantly reduces the likelihood of exposure. In addition, the victim will not be able to get their money back. Even the police won't help. Fraud in such forms has been running smoothly for more than one year. In addition to common high-tech crimes, there are also traditional atrocities.
List of Art. 159 of the Criminal Code of the Russian Federation "Fraud": "classic method"
Traditional types of crimes are considered in the first part of the normative act. They are characterized as acts of misappropriation of another's property by fraudulent means without aggravating circumstances. Under this category of crimes, actions are suitable when the attacker reports false information about himself, forcing the victim to give him money or valuables. Such fraud may be supported by a contract. In particular, we are talking about a loan of a certain amount of money with a promise to repay it within a specified period. However, in reality, the criminal is not going to do this.
qualified way
This category includes crimes that are committed by a person using their official powers or as part of an organized group. Usually the damage caused to the victim is much greater than in classic crimes. Qualified crimes are characterized by the presence of aggravating circumstances. In this regard, the punishment for such acts is stricter.
Contract crimes
This category of atrocities includes offenses that are based on the signing of various agreements. For example, in accordance with the contract, the fraudster must transfer certain property to the victim, which the perpetrator does not actually have. The victim, unaware of this, parted with his savings, receiving nothing in return. Contracts can be concluded when buying real estate, vehicles, valuables, and so on. As a rule, such atrocities are regarded as a major fraud.
Extra-treaty crimes
This type of fraud is considered the most common and multi-variant. For example, someone, posing as a relative in trouble, asks to put money on the phone. Recently, there have been a lot of "healers" offering to remove damage or the evil eye for a fee. Such transactions can be quite difficult to prove, and therefore such crimes in most cases remain unsolved. At the same time, it should be said that the victims themselves are not always in a hurry to report to the police, especially if they have lost a small amount. This, in turn, allows the scammers to continue their activities unhindered.
Popular ways
One of the most common is card fraud. Experienced cheaters have high skill, practice their skills at stations, trains, hotels and other places with a large crowd of people. Their activity is mainly aimed at gambling citizens, those who are ready to take risks and believe in luck. The sharper will play the game in such a way that at first the person will be really lucky. But in the end, he still loses. Internet scams have been mentioned above. This is a very popular remote method of deception. Most of the emails sent today contain deliberately false information that is aimed at extorting money. There are also paid mailing lists. To opt out of some of them, it is proposed to send a message from the phone or call a supposedly free number. But in the end, a person, on the contrary, subscribes to services for which a certain amount will be debited at a time or regularly. Also, a fairly popular way to take over other people's money is a PC virus attack. This crime involves installing malware on the victim's computer that will force the user to send a certain amount to a specified number. For example, when you turn it on, a message will be displayed on the screen about blocking the login. The text will allegedly be written on behalf of government agencies that have discovered a pirated program on the computer. To resume access, the user must pay a certain amount by sending it to the number given in the message. When sending, access, of course, will not open. In this case, you will have to reinstall the system on the PC.
Thimbles, street lotteries
This scam has been around for a long time. Nevertheless, it does not lose its relevance. There are always those who wish to participate in street actions. In such cases, a fairly simple scheme operates. In front of the eyes of passers-by, a citizen (allegedly passing by, but in fact an accomplice of the criminal) wins a certain amount. This moment will not go unnoticed by gambling people. At first, the victim may even win a little. But as a result, a rather large loss can happen.
divination
In places where there is a lot of traffic, people often gather, you can meet gypsies, fortune-tellers, healers. They work both in groups and alone. Outwardly, they look quite simple and sometimes uneducated. However, behind this lies a deep knowledge of human psychology, the ability to determine the most suitable victims for deception. Basically, the actions of such scammers are aimed at young people and women. Attackers listen to their problems, express sympathy and willingness to help for a small fee. Often, criminals use threats, pressure, suggestion, saying that if nothing is done now, then it will be even worse later. "Healers" thus achieve repeated visits by the victims of their sessions. As a result, as a rule, the desired result does not occur. In such cases, it is possible to return the money, but it is quite problematic.
Finally
These are not all existing methods of fraud. In reality, there are quite a lot of them, and not all of them can be stopped. How can you protect yourself? First of all, law enforcement agencies recommend ignoring all sorts of get-rich-quick offers. If you want to donate for the treatment of a child, then first you need to clarify the details and make inquiries. If you receive requests for help from alleged relatives, you should not panic. It is advisable to call your loved ones back and make sure everything is in order. As for protecting your PC, a good program that prevents the invasion of viruses will help you with this. If we talk about the actions of street scammers, then here you should not succumb to persuasion, do not participate in dubious events. In the event that an illegal act has been committed, you should contact law enforcement authorities as soon as possible. "In hot pursuit" is more likely to catch the criminal than after a while.
- Fraud, that is, stealing someone else's property or acquiring the right to someone else's property by deceit or breach of trust, -
shall be punishable by a fine in the amount of 200 to 700 times the minimum wage, or in the amount of the wage or salary, or any other income of the convicted person for a period of 2 to 7 months, or by compulsory works for a term of 180 to 240 hours, or by corrective labor for a term of one year. up to two years, or by arrest for a term of four to six months, or by deprivation of liberty for a term of up to three years. - Fraud committed:
a) by a group of persons by prior agreement;
b) repeatedly;
c) by a person using his official position;
d) causing significant damage to a citizen, -
shall be punishable by a fine in the amount of from seven hundred to one thousand times the minimum wage, or in the amount of the wage or salary, or any other income of the convicted person for a period of seven months to one year, or by deprivation of liberty for a term of two to six years, with a fine in the amount of up to fifty times the minimum wage. or in the amount of wages or other income of the convicted person for a period of up to one month or without it. - Fraud committed:
a) an organized group;
b) on a large scale;
c) by a person who has previously been convicted two or more times for embezzlement or extortion, -
shall be punishable by imprisonment for a term of five to ten years, with or without confiscation of property.
Commentary on Article 159 of the Criminal Code of the Russian Federation
- The subject of fraud, in addition to property, is also the right to someone else's property as a legal category. It can be enshrined in various documents, for example, in a will, an insurance policy, a power of attorney to receive certain values, in various types of securities. Property rights certified by a registered security shall be transferred in accordance with the procedure established for assignment of claims (cession). Rights by order, that is, with an indication of the person to whom or by whose order the execution should be carried out, are transferred by making an endorsement on this document - an endorsement. An endorsement made on a security transfers all the rights certified by it to the person to whom they are transferred. A blank endorsement does not at all contain an indication of the person to whom property rights have been transferred (Article 146 of the Civil Code of the Russian Federation). property in kind or in cash.
- On the objective side, the specificity of fraud lies in the way it is committed. Unlike many other crimes, which are inherent in the physical (operational) method, in fraud, the criminal's method of action is informational in nature or is based on a special trusting relationship that has developed between the perpetrator and the injured party. As a way of taking possession of property or acquiring the right to property, the law calls deceit or abuse of trust, which characterize the qualitative features of this form of theft. criminal. The latter, resorting to deceit or abuse of trust, does not directly withdraw property from someone else's possession. But by falsifying in this way the consciousness and will of the victim or abusing his trust, the fraudster achieves the goal of free circulation of the property transferred to him in his favor. Deception or breach of trust act here as external forms of the most criminal behavior of the swindler.
According to the peculiarities of the method of committing a crime, the law distinguishes two types of fraud: a) theft by deceit and 2) theft by breach of trust. - The concept of deception has been developed by theory and practice. Thus, the Presidium of the Kuibyshev (now Samara) Regional Court in the decision on the case of Ch. formulated: “Deceit is a deliberate distortion or concealment of the truth in order to mislead the person in charge of the property, and thus obtain from him a voluntary transfer of property, and also the communication of knowingly false information for this purpose. "Deception is, first of all, a deliberate distortion of the actual state of affairs, deliberate misinformation of the counterparty, deliberate misleading of him regarding certain facts, circumstances, events in order to induce him of his own free will, falsified, however, by false information or silence about the truth, to transfer property to a fraudster. Therefore, if the deliberate nature of the distortion of the truth is not established, or the information provided by the person cannot be regarded as false, there is no fraud.
- Fraud related to the forgery and use of forged documents should be distinguished from cases of getting a job on the basis of a false diploma and receiving an appropriate salary for performing duties in a position that the person was not entitled to hold. For example, A. presented a fake diploma of higher medical education , was appointed to the post of chief physician of the sanatorium and successfully performed his duties for a certain time. In this case, there is no element of embezzlement, since there is no gratuitous receipt of public funds.
It is a different matter when documents are forged and used that give the right to receive increased wages or a percentage increase in salary. Such documents include, for example, candidate and doctoral diplomas, certificates of associate professor and professor, certificates of work experience in the Far North or equivalent areas, length of service as a doctor, teacher, underground work, etc., on the basis of which the employee, in accordance with the law, receives a higher wage or a percentage bonus to the official salary. Such actions, being partially gratuitous and mercenary, meet all the signs of theft. However, its size is not the entire amount of funds received, but only that part of it, which is equal to a percentage allowance or the difference between regular and higher wages, for example, official salaries of a teacher at a state university who does not have an academic degree and a candidate of science. - Production for the purpose of sale or sale of counterfeit government securities or other securities in the currency of the Russian Federation or in foreign currency is fully covered by the features of Art. 186 of the Criminal Code and additional qualifications under Art. 159 of the Criminal Code does not require. At the same time, receiving a win on fake lottery tickets constitutes fraud, since these documents do not contain a credit obligation of the state or a commercial organization to pay the ticket holder its face value, but only give the right to participate in the prize draw.
- The second, much less common form of fraud is the breach of trust. Here, the offender uses the special trust relationship that has developed between him and the owner or owner of the property, which are based, as a rule, on civil or labor relations arising from a contract or agreement. For example, a person who, under an employment agreement, received certain property or a cash advance, accountable amounts for the performance of any work with the intention of free of charge, without actually fulfilling the obligations assumed to turn them in his favor, commits fraud. A type of theft of property through abuse of trust is , for the mercenary purpose, the conversion by the guilty of goods in their favor, received under a consumer rental agreement or purchased at retailers on credit without making appropriate payments and contributions to property owners.
- Fraud should be distinguished from theft, since when it is committed, the perpetrators can also resort to deceit in order to enter a room, dwelling, other storehouse and secretly steal property. However, when committing theft, deceit is only a condition that facilitates the secret seizure of property in the future, and therefore does not determine the transfer of values from the owner to the criminal. A completely different role is played by deceit as part of fraud, acting here as the main reason for the transfer of property to the subject, who turns it in his favor. It should be noted that in case of theft, property is secretly stolen apart from and against the will of the victim; in case of fraud, there is a “voluntary” transfer of property by the owner or owner to the criminal. him with respect to this property with certain powers. Therefore, the mercenary taking of property transferred to a person for the implementation of purely technical operations (to help carry a suitcase, look after things left for a short time, etc.) without endowing the subject with appropriate powers constitutes theft, and not fraud.
- Qualifying signs of the composition of fraud: a) committing it by a group of persons by prior agreement; b) repeatedly; c) with the infliction of significant damage to a citizen, they completely coincide with the same-name signs of the theft. However, Part 2 of Art. 159 of the Criminal Code, without indicating such a sign as theft with penetration into a dwelling, premises or other storage, supplements its qualified composition with the sign: fraud committed by a person using his official position. These can be not only officials of federal and municipal state organizations, but also employees of commercial structures who use their official position to steal by deceiving other people's property. Specific manifestations of this type of fraud can be very diverse. The main thing is to establish that, deceiving the owner or owner of the property, the perpetrator used his official position as an employee of an enterprise, organization or institution. Such cases are typical for car repair service enterprises, household appliances service studios, and in public utilities. However, it must be borne in mind that measuring, weighing, calculating or otherwise deceiving consumers in organizations that sell goods or provide services to the public by their employees under certain conditions does not constitute fraud, but deception of consumers, liability for which is provided for in Art. . 200 CC.
- Part 3 Art. 159 of the Criminal Code provides for a particularly qualified composition of fraud if it is committed: a) by an organized group; b) on a large scale or c) by a person who has previously been convicted two or more times for embezzlement or extortion. These signs completely coincide with the signs of the same name as part of the theft.
