In Section VIII of the Penal Code 21, the chapter sets forth criminal acts against property. It establishes an article for fraud (Art. 159). The Criminal Code of the Russian Federation defines the concept and responsibility for this crime. Let us consider it in more detail below.
Fraud: Art. 159 of the Criminal Code
Under this act should be understood the theft of property of others or the acquisition of rights to it through 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 lasting up to 180 hours.
- Arrest for 2-4 months.
- Correctional work lasting 6-12 months.
- Imprisonment for a period of up to 2 years.
Aggravating circumstances
A crime may be committed by prior conspiracy by a group of persons or with causing significant damage to the victim. For such fraud Art. 159 (2) of the Criminal Code provides:
- Fine up to 300 thousand rubles. (or the amount of the income or salary of the convicted person for a period of up to 2 years).
- Correctional work for 1-2 years.
- Imprisonment for a period of up to 5 years.
- Mandatory work for 180-240 hours.
Crimes of officials
For such fraud Art. 159 of the Criminal Code establishes:
- Fine 100-150 thousand rubles. or in the amount of salary or other income of the perpetrator for 1-3 years.
- The conclusion for 2-6 years.
In the latter case, in addition to the conclusion, an additional fine of up to 10 thousand rubles may be imposed. or in the amount of salary or other income for a period of up to 1 month. These measures are provided for large-scale theft.
Additionally
Part 4, Art. 159 of the Criminal Code for an act committed as part of an organized group or a particularly large size, establishes a punishment in the form 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 entity for a period of up to 3 years. Art. 159 (4) CC establishes the most severe punishment. So, we consider the topic further.
Art. 159 of the Criminal Code with comments
The dispositive part includes the basic structure, qualified (part two) and highly qualified. The term "fraud" is used exclusively in describing a criminal offense. Responsibility for it is provided for by a special legislative norm. Art. 159 of the Criminal Code allows us to distinguish two types of unlawful acts: theft of property and the acquisition of rights to it. In addition, the rule indicates certain ways of committing a crime. These methods are: breach of trust and deception.
Theft of property
This definition is considered the starting point in Art. 159 of the Criminal Code. With the comments given in paragraph 1 of the Resolution adopted by the Plenum of the Armed Forces in 2002 (No. 29), theft signs also serve as the criteria for the crime established in the article in question. The Supreme Court gives a sufficiently clear definition of the act. Theft - gratuitous illegal circulation or seizure of property belonging to other persons, in favor of the guilty or other entity, causing damage to the owner (owner). This formulation provides a common understanding of this act as a generic definition. So all types and forms of theft are combined, including fraud.
Cheating
Art. 159 of the Criminal Code uses this concept to characterize an act. Based on the fact that deception can only be realized within the framework of concrete relations between citizens, an action that does not affect the human psyche cannot be recognized as it. In accordance with this, under Art. 159 of the Criminal Code can not qualify as a crime the use of stolen or fake bank cards, lowering instead of coins of various metal objects and other similar actions. In this case, it is possible to accept the recommendations of the Criminal Code drawn up for the CIS countries on the inclusion in the norms of theft committed through the use of technical devices. In the absence of such a provision in the law, the misappropriation of property by the above methods to a greater extent forms the composition of secret theft or theft than fraud. The deception is the communication of false information to the subject, who is able to perceive and realize them, to give a report in their own actions.
Misconception
It acts as a consequence of deception. The victim, who received false information, is mistaken about certain events, actions, facts. This condition affects subsequently the decision to dispose of one's own property in favor of the offender or the persons indicated by him. The error acts as an intermediate link in the causal relationship between the behavior of the perpetrator and the consequence in the form of loss by the owner of material values or rights to them.
Crime pattern
From the beginning to the completion of the wrongful act, the following chain can be built: deception (committed by the offender) - misconception of the victim - actions of the victim on the basis of false information (transfer of property or rights to it or non-obstruction of the seizure of values) - the result of assignment of an object to those guilty of their own benefit (or other persons).
In the absence of at least one element, the scheme does not constitute a corpus delicti, and the person’s behavior cannot be qualified under Art. 159 of the Criminal Code.
Important point
The error acts as a continuation of the distortion of the truth by the criminal in the sphere of volitional and intellectual activity of the victim. It must necessarily be the result of behavioral acts of the perpetrator. Moreover, he can either perform certain actions that contribute to the formation or maintenance of error, or not commit them. In the latter case, the criminal simply does not destroy the distorted, misconception that the victim has already created. In this regard, it is difficult to agree with the provision that deception is impossible with complete silence. Even in the absence of a direct impact on the psyche of the victim, he may be mistaken.
Qualifications
Within the meaning of Art. 159 of the Criminal Code, the injured citizen must transfer his property or endow the offender or the persons indicated by him with certain rights. In this regard, we can distinguish the characteristic characteristic of the subject, in relation to which the encroachment is carried out. The victim, therefore, must himself have the right to property and the ability to dispose of values at his own discretion. As for deception, this word is used in its narrow sense. With its expanded interpretation, the meaning of the article is inevitably distorted and the principle of legality is violated . Legally, the concept of "deception" is characterized by two signs: informational and moral. To qualify an act under Art. 159 of the Criminal Code must be present both of these criteria.
Trust abuse
Fraud in this way is recorded in practice less often than using fraud. Confidence is believed in integrity, sincerity, good intentions, honesty of another person. When committing a crime, the perpetrator takes advantage of this. Typically, in this form, fraud occurs in the trusting relationship that has developed between him and the victim. In case of abuse, as in the case of fraud, the owner (owner) of the property is misled. As a result, he himself transfers the values to the attacker, assuming that there are legitimate reasons for this. Voluntary transfer of property not only means the actual transfer of objects into the wrong hands, but also the receipt by the perpetrator of certain opportunities to dispose of them or use them.
Uncertainty of legislation
Art. 159 of the Criminal Code of the Russian Federation as amended defines the crime in question similar to the norm in force in the previous Code. Only the definition of “assignment” has been adjusted. In the current 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 jurists, the legislator, perhaps, should slightly expand the dispositive part of Art. 159 of the Criminal Code. In this case, the corpus delicti would be reduced . However, the legislator preferred to split the act into fraud itself, causing property damage, breach of trust, deceit (without signs of theft), "false business", malicious evasion of paying payables and other similar illegal actions. According to experts, the law-maker did not take into account that behind the established multiplicity of economic crimes lies the diversity of only one composition. They are just a fraud. Some jurists consider this fragmentation unjustified, paralyzing the application of the law. In modern conditions, in their opinion, the dispositive part of Art. 159 of the Criminal Code. It should include the compositions provided for in Article 165 of the Code. At the same time, the generic name should also be changed, naming the article “Causing property damage for personal gain by abuse of trust or the provision of false information”. Such wording will most accurately reflect the legal content of fraud.
The difficulty of forming the composition
The historical experience of the formation and development of criminal law indicates a repeated change in the perception 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 related to law enforcement, including in the process of qualifying a crime in specialized parts of Art. 159 of the Criminal Code. The complex structure of the composition of the unlawful act was expressed in the legislative definition of crime. When formulating, the task was to eliminate ambiguity, to establish the uniqueness of terminology. In addition, it is necessary to include in the composition of the reference to legal facts. All this would rule out a law enforcement problem. In the criminal legislation of some foreign countries there are various types of fraud, a variety of qualifying criteria is provided. To a certain extent, these or other elements can be adopted by domestic law.
Statistics
Unlawful acts, the purpose of which is the property of law-abiding citizens, are considered today the most common of all criminal offenses recorded in the Russian Federation. During 2007, for example, more than half a million people were convicted (about 60% of the total number of those 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 proportion of fraud in the system of crimes against property has also increased. In 2002, it was 2.5%, and in 2007 - 7.8%.
Conclusion
Self-serving crimes, namely fraud, in Russia and the world are actually and 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 occurrence, today, with the transition of Russia to a market economic system, it is developing at an intensive pace. Active development of technology contributes to the emergence of new types of fraud. The current legal regime in the country should ensure tight control and create the necessary protection for citizens and their property from encroachment. This goal is achieved by the formation of an appropriate legislative framework, toughening punishment. The likelihood of being held accountable for violations of established regulations should act as the main limiter to stop the criminal actions of fraudsters.