In the Criminal Code of the Russian Federation there are such concepts as the large, significant and especially large size of the damage caused to the affected party. They are used in various articles, for example, in 159 - “Fraud”, in 158 - “Theft”, etc. Below we will try to find out, especially large size is how much and how it is determined. But first, let's see what actions fall under one hundred and fifty-ninth article.
What is fraud?
Fraud is a fairly common form of theft of property, as well as the acquisition of rights to it:
- fraudulently;
- by abuse of trust of the injured person.
In turn, fraud as a way of illegally acquiring rights to the property of an unauthorized person is divided into two varieties:
- Active. One can speak of this form when the offender deliberately misleads the owner by providing the latter with knowingly false information. In this case, the victim may be presented, for example, forged documents or other actions are taken in relation to him, aimed at misleading. For this type of fraud, as well as the one that will be discussed below, the definition containing the phrase "especially large size" is quite often applied. The Criminal Code of the Russian Federation provides for such a crime an appropriate punishment in the form of large fines, as well as imprisonment for a sufficiently long period.
- Passive. In this case, the culprit simply does not bring to the attention of the victim information which he is legally obliged to communicate.
All such actions fall under Article 159 of the Code of Civil Procedure of the Russian Federation.
Typical Fraud Attacks
- Deception of intent. Getting paid for work that the criminal obviously did not intend to do.
- Cheating in the face. Extradition of a criminal by himself as a person who has the right to receive any property.
- Cheating in the subject. Changing the appearance of an item or issuing one item after another.
- Cheating in circumstances. Providing deliberately false documents.
Especially large size - how much?
In the case of committing fraudulent acts on an especially large scale, such punishment as imprisonment for up to ten years is provided. In addition, the person who committed such a crime will have to pay a fine of up to 1 million rubles. The amount can be calculated based on the size of the guilty salary (for a period of up to three years of work). In this case, the judge may decide to limit the freedom of the defendant for a period of up to two years.
So, especially large size - how much? Any fraudulent action inflicts both moral and material damage on the injured party. Thus, a particularly large size can be determined in monetary terms. To date, such damage is recognized in excess of the amount of 1 million rubles.
The main types of fraud
Especially large-scale fraud, just like usual, can be divided into several types. The main ones include:
- Property form.
- Various forms of alternative healing.
- Pseudoscientific educational services, various kinds of psycho-training, etc.
Recently, such varieties as telephone and Internet fraud, as well as apartment fraud and lending fraud, have become very common.
Internet fraud. The most popular ways to cheat
There are several basic ways to mislead gullible Internet users in order to take possession of their property or money:
- Offering a well-paid job that can be done at home.
- Incomplete receipt of goods purchased in the online store.
- Sale of a nonexistent lot.
- Incomplete supply of computer software.
Apartment fraud
The question of whether a particularly large size is how much is most relevant in an area such as apartment fraud. Indeed, in this case we are talking about very large cash.
There are several basic patterns of housing fraud:
- Sale of an apartment or house without the knowledge of the owner.
- Sale of the same object to several persons at once.
- Sale of housing for disabled citizens.
In all these cases, the buyer transfers the money to the seller, but the house does not receive or receives, but for a very short period of time, since the court recognizes the contract of sale as null and void.
Credit Fraud
There are also several basic fraud schemes in this area:
- Using someone else’s passport. In this case, a bank employee is presented with a document stolen, lost or obtained by fraud. In most cases, a fake income statement is also attached to such a passport.
- Receiving money through a front man. At the same time, a descending person comes to the bank without a constant source of income, which fraudsters supply with fake 2-personal income tax.
In the latter case, the figurehead takes virtually no risk. The fact is that there is no article in the Criminal Code of the Russian Federation that provides for punishment for providing the bank with incorrect information about its financial situation.
Extra large theft
Of course, the concept of "especially large size" applies not only to fraud, but also to such a crime as theft. Upon the commission of such an illegal act, a criminal case is mandatory.
Theft on a particularly large scale, as well as ordinary, falls under Article 158 of the Criminal Code of the Russian Federation. In this case, the case is considered in paragraph 4, paragraph "b". As in the case of fraud, a particularly large amount in cash equivalent amounts to more than 1 million rubles.
Drug offenses
The concept of “especially large size” is very often used in criminal practice also in the field of drug trafficking. For their storage, distribution, manufacture, processing, etc., a criminal penalty is provided . All these crimes fall under article 228. “Especially large size” - a concept that in this case is approved by the Government of the Russian Federation. At the moment, this is over one kilogram of narcotic substances.
Thus, we have found out that a particularly large amount in monetary terms, both under Article 159 and Article 158, is an amount exceeding 1 million rubles. As for fraud, the most serious crimes in terms of the amount of damage are committed in the field of lending, as well as housing.