Section VIII of the Criminal Code 21 chapterformulates criminal acts against property. It contains an article for fraud (art. 159). The Criminal Code defines the concept and responsibility for this crime. Consider it further in more detail.
Fraud: Art. 159 of the Criminal Code
Under this act should be understood theftthe property of other persons or the acquisition of rights to it through the abuse of trust or by deception. New edition of Art. 159 of the Criminal Code provides for the following types of punishment:
- A fine of up to 120,000 rubles. or in the amount of salary or other income of the perpetrator for the period up to a year.
- Mandatory work duration up to 180 hours.
- Arrest for 2-4 months
- Correctional labor lasting 6-12 months.
- Imprisonment for up to 2 years.
Aggravating circumstances
The crime may be committed by prior agreement by a group of persons or causing significant damage to the victim. For such fraud Art. 159 (2) of the Criminal Code provides:
- A fine of up to 300 thousand rubles. (or the amount of income or w / p convicted for a period of up to 2 years).
- Correctional labor for 1-2 years.
- Imprisonment for up to 5 years.
- Mandatory work at 180-240 hours.
Crimes of officials
For such fraud Art. 159 of the Criminal Code establishes:
- Fine 100-150 thousand. Rub. or in the amount of salary or other income of the perpetrator for 1-3 years.
- Conclusion for 2-6 years.
In the latter case, besides the conclusion,in addition, a fine of up to 10 thousand rubles may be imposed. or in the amount of salary or other income for the period up to 1 month. The indicated measures are also envisaged for large-scale theft.
Additionally
Part 4 of Art.159 of the Criminal Code for an act committed as part of an organized group or a particularly large size, sets the penalty of imprisonment for 5-10 years. In addition, a fine of up to 1 million rubles may be imputed. in the amount of income or salary of the guilty subject for a period of up to 3 years. Art. 159 (4) of the Criminal Code establishes the most severe punishment. So, consider the topic below.
Art. 159 of the Criminal Code with comments
Диспозитивная часть включает в себя основной composition, qualified (part two) and especially qualified. The concept of "fraud" is used exclusively in the description of a criminal offense. Responsibility for it is provided for by a special legislative provision. Art. 159 of the Criminal Code of the Russian Federation allows to distinguish two types of a wrongful act: theft of property and the acquisition of rights to it. In addition, the rule indicates certain methods of committing a crime. These methods are: the abuse of trust and deception.
Theft of property
This definition is considered to be original in Art.159 of the Criminal Code. With the comments provided in paragraph 1 of the Resolution adopted by the Plenum of the Supreme Court in 2002 (No. 29), the signs of theft are also the criteria for the crime established in the article under review. The Supreme Court provides a fairly clear definition of the act. Plunder - gratuitous illegal treatment or seizure of property belonging to other persons in favor of the guilty or other entity, causing damage to the owner (owner). Such a formulation provides a common understanding of this action as a generic definition. So all types and forms of theft, including fraud, are combined.
Cheating
Art.159 of the Criminal Code uses this concept in the characterization of the act. Based on the fact that deception can only be realized within the framework of concrete relations between citizens, it cannot be recognized as an action that does not affect the human psyche. In accordance with this, under art. 159 of the Criminal Code can not qualify as such a crime the use of stolen or counterfeit bank cards, lowering various metal objects instead of coins and other similar actions. In this case, you can accept the recommendations of the Criminal Code, drawn up for the CIS countries, on the inclusion in the rules of theft, committed through the use of technical devices. In the absence of such a provision in the law, misappropriation of property by the methods indicated above forms to a greater degree the composition of secret theft or theft, rather than fraud. The deception is the reporting of false information to a subject who is able to perceive and realize it, to give an account of his own actions.
Delusion
It acts as a consequence of deception.A victim who has received false information is mistaken about certain events, actions, facts. This condition has an impact on the subsequent decision to dispose of their own property in favor of the offender or the persons indicated by him. Misconception acts as an intermediate link in the causal relationship between the behavior of the perpetrator and the consequence in the form of loss of wealth by the owner or rights to them.
Crime pattern
From the beginning to the completion of the wrongful actYou can build the following chain: deception (which the criminal commits) - the victim’s delusion - the victim’s actions on the basis of false information received (transfer of property or rights to him or non-obstruction of valuables ’) - is the result of misappropriation of the object guilty for his benefit (or other persons).
In the absence of at least one element, the scheme does not constitute a crime, and a person’s behavior cannot qualify under art. 159 of the Criminal Code.
Important point
Delusion acts as a continuationdistortion of truth by the criminal in the field of the volitional and intellectual activity of the victim. It must necessarily be the result of behavioral acts of the perpetrator. At the same time, he may either perform these or other actions that contribute to the formation or maintenance of a delusion, or not perform them. In the latter case, the offender simply does not destroy the distorted, misconception already created by the victim. In this regard, it is difficult to agree with the statement that deception is impossible with complete silence. Even in the absence of a direct impact on the psyche of the victim, he may have a misconception.
Qualification criteria
According to Art.159 of the Criminal Code, the injured citizen must transfer his property or vest the criminal or the persons indicated by him with certain rights. In this regard, it is possible to distinguish the characteristic characteristic of the subject in respect of which the encroachment is carried out. The victim, therefore, must himself have the right to property and the ability to dispose of the values at his own discretion. As for deception, this word is used in its narrow sense. With its extended interpretation, the meaning of the article is inevitably distorted and the principle of legality is violated. Legally, the concept of "fraud" is characterized by two signs: informational and moral. For the qualification of actions under Art. 159 of the Criminal Code should be present both of these criteria.
Trust Abuse
Fraud in this way is fixed onpractice less often than using deception. Trust is the belief in the integrity, sincerity, good intentions, honesty of another person. He commits a crime by committing a crime. As a rule, in this form fraud occurs when the trust relationship that was formed between him and the victim. When abused, as in the case of fraud, the owner (owner) of the property is misleading. As a result, he himself transfers the values to the attacker, assuming that there are legal grounds for this. Voluntary transfer of property not only means the actual transfer of objects into the wrong hands, but also the receipt of certain opportunities by the guilty to dispose of them or use them.
Uncertainty of legislation
Art.159 of the Criminal Code of the Russian Federation in a new edition defines the crime in question, similar to the norm in force in the previous Code. Only the definition of "assignment" was adjusted. In the existing art. 159 of the Criminal Code, the term is replaced by "theft". However, due to the current judicial practice, the composition of the act can be considered almost the same. According to some legal scholars, the legislator might have to somewhat expand the dispositive part of art. 159 of the Criminal Code. In this case, the very scope of the crime would be reduced. However, the legislator preferred splitting the act on the actual fraud itself, causing property damage, breach of trust, deception (without signs of embezzlement), "false enterprise", malicious evasion of payables and other similar illegal actions. The lawmaker, according to experts, did not take into account that the established multiplicity of economic crimes hides the many faces of only one composition. They just act fraud. Some lawyers consider such fragmentation to be unjustified, paralyzing the application of legal norms. In modern conditions, in their opinion, the dispositive part of art. 159 of the Criminal Code. It should include the compositions prescribed by the 165th article of the Code. At the same time, the generic name should also be changed, calling the article “Causing property damage with a mercenary purpose by abuse of trust or by giving false information”. Such wording will most accurately reflect the legal content of the fraud.
The complexity of the formation of
Historical experience of formation and developmentcriminal law indicates a repeated change in the perceptions of the legal concept of fraud. As a result, several practical and scientific-theoretical problems were formed. The emergence of new methods of fraud has contributed to the emergence of a number of issues relating to law enforcement, including in the process of qualifying a crime under the specialized parts of art. 159 of the Criminal Code. The complex structure of the composition of the wrongful act is reflected in the legislative definition of the crime. In formulating, the task was to eliminate ambiguity, to establish the uniqueness of terminology. In addition, it is necessary to include in the indication of legal facts. All this would preclude the emergence of a law enforcement problem. In the criminal law of some foreign countries there are various types of fraud, provides a variety of qualifying criteria. To a certain extent, certain elements may also be accepted by domestic legal norms.
Statistics
Противоправные деяния, целью которых выступает property of law-abiding citizens, are today considered the most common of all criminal offenses registered in the Russian Federation. During 2007, for example, more than half a million people were convicted (about 60% of the total number of prosecuted and 19% more than five years earlier) under the articles provided for in Chapter 21. In this category, fraud is one of the most common . For five years (from 2002 to 2007) the number of prosecuted entities who committed this crime increased by more than 3.6 times. In 2007, their number reached 43 thousand people. The share of fraud in the system of crimes against property has also increased. In 2002 it was 2.5%, and in 2007 it was 7.8%.
Conclusion
Self-interest crimes, namely to suchapplies fraud, in Russia and the world in fact and are statistically dominant. The dynamics of these acts determines the main trends and problems of the entire criminal situation as a whole. When committing fraud, self-interest acts as a fundamental goal. If during the period of Soviet power this crime was considered a relatively rare phenomenon, today, with the transition of Russia to a market economic system, it is developing intensively. The active development of technology contributes to the emergence of new types of fraud. The legal regime existing in the country today must ensure tight control and create the necessary protection of citizens and their property against encroachment. This goal is achieved by the formation of an appropriate legislative framework, tougher penalties. The likelihood of being held accountable for violations of the prescribed regulations should act as the main restraint that thwarts criminal acts of fraudsters.
