Fraud is one of the sophisticated types of crime. After all, the criminal wants not only to seize other people's funds, property, but also to enter into trust in a stranger. In this case, the victim must contact the law enforcement authorities. A sample statement to the police on the fact of fraud is presented in the article.
What does the law say?
In Art. 159 of the Criminal Code provides the following options for unlawful actions:
- Deception for profit, including financial.
- Money manipulation for unjust enrichment.
- Illegal property procedures.
- Making a loan without repayment.
- Refusal to fulfill obligations.
These situations are common. In case of fraud, you should report this to the police as soon as possible. Samples of statements regarding fraud of a legal entity, as well as a physical one, are similar.
Web Fraud
There are so many fraudulent activities on the Internet. The following are a few situations:
- Often this happens in online stores. Buyers may be offered goods at low prices. Often in these cases require prepayment. Therefore, you should not buy products on unfamiliar sites.
- A common phenomenon is phishing. The fraudster plans to get information on a plastic card. Schemes of action may be different. Often emails are sent from banks or hosting companies where electronic wallets are framed. After entering the data, and the information goes to the fraudster. Therefore, do not click on suspicious links, as well as indicate your data there.
- There are types of fraud that work thanks to human psychology. Using effective tricks, scammers make people voluntarily give money away.
- There is fraud on dating sites. Many people are interested not in new meetings and plans for creating a family, but in enrichment at the expense of others.
- Fraud is also associated with viruses. Emails may be sent to the e-mail, where any links are indicated. After clicking on them, a person may lose their funds or access to a page on social networks.
Punishment
Knowledge of the article will allow you to correctly write a statement to the police on the fact of fraud. A sample of this document is presented in our material. Criminal liability arises from the above illegal acts. The victim gives the property or their funds voluntarily. If such actions are committed over the Internet, this also applies to Art. 159. Evidence of a crime may be electronic documents, correspondence, photographs.
For fraud, a 2-year sentence is provided. A fine of up to 120 thousand rubles may be imposed or in the amount of the convict's salary for up to 1 year. If there are extenuating circumstances, then you will need to pay a fine of 120 thousand rubles. When damage is caused by a group of persons or official position has been used, the term is extended to 5 years. If the damage is not more than 1 thousand rubles, then this violation is transferred to administrative.
Where to go?
Even if knowledge of the law and caution did not prevent fraud, this should not be done on our own. Such problems are addressed by the competent authorities. It is important to refer to them.
The sample statement on the fact of fraud to the prosecutor's office or other body is approximately the same. Citizens need to contact the police, prosecutor's office or the Department for Economic Crimes and Politics Often, filing a lawsuit is required.
Police
You can submit a document to this authority to every citizen of the Russian Federation who has encountered unlawful actions by any persons. It is accepted only if there is a corpus delicti specified in a specific article of the Criminal Code of the Russian Federation. The police have the right to refuse to accept the application if there is no fact of fraud, but administrative liability is provided for this, not criminal. Such cases are decided by the court.
Prosecutor's office
This body in Russia is supervisory. It is necessary to apply there if other bodies do not protect the rights for any reason. The sample statement on the fact of fraud to the prosecutor's office does not differ from those submitted to the police.
It is important to identify the body to which the appeal is submitted, as well as the basis for the claim against the alleged violator of the law. The document needs to clearly and competently state your situation.
OBEP
This abbreviation is translated as the department for combating economic crimes. Appeal is possible only when it is important to punish a person who has committed unlawful acts. They should include the signs of fraud specified in Art. 159 and 160. The sample allegation of fraud in the BEC is the same as in the police.
If there are no signs of a crime, the Department for Economic Crimes and Politics will send a notification of refusal to institute criminal proceedings. It is then that you should contact the prosecutor. If the main purpose of the applicant is to receive his funds or property back, then you must go to court. Then time will not be wasted. The sample application for fraud in the court should be used the same as the police.
Application Writing Rules
It is necessary to write it if the victims have discovered illegal actions against themselves or if material damage has been caused. An application is submitted even if the fraudster did not manage to cause large financial losses. It must be filed immediately after detecting a violation of the law. The document is in free form.
A sample fraud report to the police includes the following information:
- At the top of sheet A4 is the institution where the application is given. If the police, it is important to indicate the address of the office and number.
- Below is recorded personal information (full name), address.
- On the table of contents, the “Fraud Statement” must be indicated.
- Then you need to paint the story that happened. The date and place where everything happened should be indicated.
- It is important to record information about the fraudster, his appearance and other personal data.
- The amount of losses in rubles is indicated.
- At the end, you need to substitute the signature and date.
A sample statement to the police on the fact of fraud is generally accepted, it is used in most cases. The document is filed at the place of registration of the victim, as well as in any other department.
Dates of admission
By law, law enforcement agencies are required to accept the document within 3 days. But they may not accept it. During this time, the compliance of the application with the norms is determined and it becomes clear whether the indicated facts are a crime. Sometimes the term is extended to 10 days, if a thorough study is needed.
The statute of limitations for fraud is the period during which actions such as imprisonment or the need to pay fines may be assigned to the defendant. This period is 3 years. After that, the court may pronounce the verdict in case the defendant does not tell at the trial about the expiration of the limitation period. This is recorded in Art. 199 of the Civil Code of the Russian Federation.
Setting the limitation period
The statute of limitations is different, it all depends on the severity of the crime. In case of minor offenses committed by one person, it is 2 years. If the group was involved, then the term is extended to 4 years. In case of major damage, the statute of limitations is 10 years.
The application for fraud is accepted after the specified deadlines, but it will not be satisfied. To determine the time from which the statute of limitations begins, you need to know the main regulatory points:
- According to the law, the statute of limitations begins from the moment the victim is indicated to the unlawful actions of a person.
- If, by agreement, the funds or goods are to be received after some time, then the limitation period is calculated from the moment of non-receipt.
In other situations, the countdown starts from the moment when it became known about illegal actions. In any case, one sample of the allegation of fraud in the ATC is used.
Effects
There are 3 likely outcomes after applying:
- Opening a criminal case.
- Refusal of business.
- Transfer of application with another authority.
The latter option is relevant if the case is included in the list of powers of the prosecutor's office. You need to go there when the police are not able to protect their rights. The prosecutor's office should be contacted if the application was submitted to the police, but there was no open criminal, administrative prosecution. This body will be supervisory.
A sample statement on the fact of Internet fraud or other business must be completed on the points indicated above. The difference may be in the design of the upper part of the document - the department of the prosecutor's office, police or court should be indicated there. You can file a complaint in person or online at first instance.
Responsibility for false testimony
A sample claim for fraud includes information that must be provided. In this case, all data must be truthful. Criminal liability is provided for providing false information. The norms are indicated in Art. 306 of the Criminal Code. The violator will have to pay a fine of 120 thousand rubles or his annual income. Sometimes imprisonment up to 2 years is provided. When submitting an application with fake documents, a conclusion of up to 6 years and the payment of 300 thousand rubles are supposed. Therefore, it is important to provide only reliable information. Knowing the rules of the law, as well as the rules for writing an application, greatly simplifies the whole process.