The article “Fraud” of the Criminal Code of the Russian Federation contains one of the theft types, which, unlike others, has a special feature - the method. What is this crime, and how to distinguish it from similar compositions prescribed by law? This article will tell about this.
Article “Fraud” of the Criminal Code of the Russian Federation: characteristics
The object of this crime is property relations.
After all, it always hurts the property of other people.
The article "Fraud" of the Criminal Code of the Russian Federation provides for the action - theft of property or the acquisition of rights to it. In this case, a mandatory feature is a method: deception or abuse of trust. We now characterize them. By fraud, one can understand the message of false information about some circumstances or their concealment, silence about them. Abuse of trust is the use of special, friendly, respectful relations between the victim and the person who committed the crime. The article “Fraud” of the Criminal Code of the Russian Federation is also special in that, as a result, the deceived person voluntarily and independently transfers certain property or the right to it to the perpetrator. Another indispensable sign is a selfish purpose. The criminal inevitably longs to obtain a property benefit from the act that he commits. The guilt in such an action is always intentional, and the intent is direct. In addition, the article “Fraud” of the Criminal Code of the Russian Federation contains an additional 3 parts, which provide qualifying features.
The legislator refers to them the commission of a crime by several conspiring people, the degree of damage, the use of official position, as well as the deprivation of the victim's right to housing.
Fraud: Special Compounds
In fact, there is more than one norm in the criminal law relating to this crime, and the 159th article “Fraud” of the Criminal Code of the Russian Federation is not the only one. In addition to it, which contains the general composition of fraud, there are a number of legal requirements that are of a special nature. These include the following 6 standards. In them, liability for fraud is ranked depending on the area in which it was committed.
So, if the crime was committed using payment cards, the perpetrator will be punished under article 159.3, and not 159 or two at once.
Fraud: demarcation from related compounds
There are a lot of thefts in the law, and it is important to be able to distinguish them so that a person is held accountable precisely for the crime committed by him, and not for any other unlawful act. Take, for example, the theft, which is covered in Article 158 of the Criminal Code of the Russian Federation. Fraud differs from this illegal action in the way it is committed. If during the theft theft is carried out secretly and directly by the perpetrator himself, then with the act we are considering, the victim, under the influence of delusion, part with the property voluntarily. But at the same time they have the same object - property relations. It’s not even worth comparing with the crime under consideration, evading repayment of a loan, which contains article 177 of the Criminal Code of the Russian Federation. Fraud from this unlawful act differs in all mandatory signs. These crimes are so different that they are even contained in various chapters of the Criminal Code of the Russian Federation.