Economic crimes are unlawful acts committed with the aim of obtaining illegal profits. Actions are committed with direct intent. The Criminal Code of the Russian Federation provides an entire chapter for such crimes and gives the concept of economic crimes. These include many areas of activity in which offenses are committed. Consider the main ones.
Features of the investigation of crimes related to the economy
Types of economic crime are diverse. The economy in the criminal process is recognized as the most difficult composition for the investigation. The schemes for committing crimes are always being improved, which forces law enforcement agencies to plan the investigation two steps ahead and conduct investigative actions that are not typical for similar crimes. For an effective investigation, one should understand the motives of the criminals to commit illegal acts, as well as carefully study the mechanism of the crime.
A feature of economic crimes is the nature of pairing with other compounds. For example, the organization of gambling may include fraud and other compounds. That is why only experienced investigators who have received high ranks and passed certification are allowed to investigate this category (Chapter 22 of the Criminal Code of the Russian Federation) of crimes.
Organization and conduct of gambling
In Russia, the law prohibits the organization of gambling clubs, except for places recognized as gambling zones. A wrongful act of this kind is punishable and prosecuted by law enforcement officers. Therefore, if a person’s actions include the composition of an illegal organization (holding) of games, including via the Internet, without obtaining appropriate permission, the culprit pays a fine of up to half a million rubles, minimum, maximum, is imprisoned for a term of two years. Thus, the crime is categorized as minor. However, if the act was committed with accomplices or caused great damage, the punishment is assigned more, and the crime is of moderate gravity.
If the act was committed by an official, the punishment is equated to six years of imprisonment with the use of an additional punishment in the form of deprivation of the right to be further assigned to any state and municipal posts.
Banking contrary to law
Every day, thousands of people use bank cards. However, money transfer activities are not always legal.
If a person works with a bank without obtaining a special permit (license), law enforcement agencies can recognize such activities as illegal and impose penalties. Thus, the minimum penalty for committing an unlawful act is a fine of 300,000 rubles, and the maximum deprives a person of 4 years.
In addition, if the crime caused damage on an especially large scale, this entails imprisonment for 7 years.
Entrepreneurship and the law
In recent years, entrepreneurship has been developing, in connection with which there are more and more new crimes associated with this type of activity. The state introduces tax holidays and other programs for the development of small and medium-sized businesses, but often unscrupulous business entities take advantage of this.
The implementation of entrepreneurship without licenses and other authorizing documents entails a minimum penalty in the form of a fine, and the maximum - in the form of an arrest for six months.
Illegal acts committed by a group of persons are punished with imprisonment of 5 years.
Turnover of funds and payments
The turnover of funds and payments is very closely associated with fraud. Economic crimes are widespread in Russia, in addition, practice shows that the investigation identifies other corpus delicti in the investigation of criminal cases.
A person engaged in the circulation of counterfeit bills, as well as the unlawful production and use of bank cards and other means of payment, shall be punished by forced labor or imprisonment of up to 6 years, depending on the circumstances of the crime.
An organized group shall be punished with seven years in prison.
Intentional bankruptcy
Bankrupt - a person or organization on whose account there are no funds left for further activities. This fact must be confirmed by documents.
Many entrepreneurs and company leaders commit crimes in the economic sphere and deliberately take the company to zero in order not to pay loans and borrowings. Such actions are punishable by law, and a fine of up to 500,000 rubles or a maximum sentence of imprisonment of up to 6 years is prescribed for committing acts.
Alcohol and tobacco smuggling
There are many cases of poisoning with low-quality alcohol products. Illicit trafficking in alcohol and tobacco products is a dangerous crime, since it harms not only the state’s economy, but also the health of people and society as a whole.
The Criminal Code pursues offenders who, crossing the border, carry alcohol and tobacco in an impressive size. Law enforcement officers punish such an act with a fine and imprisonment for a term set by the court.
In addition, many customs officers are involved in illegal traffic (misconduct). A punishment is applied to them - 7 years in prison. In addition, an additional penalty may be applied in the form of deprivation of the right to continue to occupy certain positions.
Important! Large size is taken into account if the cost of transported products is estimated at more than 250,000 rubles.
Illicit production of alcohol
Small cities and villages of the Russian Federation are often famous for their own production of alcohol. The Criminal Code pursues such activities if the fact of the absence of a production license is established. The punishment for this type of crime is 3 million rubles, or imprisonment for three years.
A particularly large size of production, storage of sales of such products is punished as much as possible with imprisonment for 5 years with the use of additional punishments.
Economic Crime Investigation
Investigative bodies are a state system that protects the interests of the country as a whole, as well as individuals and other legal entities. The investigation of economic crimes is carried out by the Investigative Committee of the Russian Federation. Crimes committed with particular cruelty, as well as causing great damage to the Russian Federation, are under special control of the Chairman of the RF IC Bastrykin, Alexander Ivanovich.
Economic crimes of the Criminal Code of the Russian Federation are very complex, as one corpus delicti may entail the allocation of another. Thus, a new criminal case is instituted, in which it is necessary to conduct a series of investigative actions.
Crimes in this area are complicated by finding accomplices, witnesses and other persons, since citizens with large sums of money can hide in other states. The search for the perpetrators is delayed, so the offense is not only very serious, but also difficult to investigate.
Typically, such crimes are investigated from six months to several years.
How to deal with economic crime
The legislator imposes special sanctions for economic offenses. The fight against economic crime is a complex process.
To carry out legal actions aimed at identifying violators, all law enforcement agencies are connected:
- Teaching staff;
- criminal investigation of the Ministry of Internal Affairs;
- inquiry of the Ministry of Internal Affairs;
- investigation of the Ministry of Internal Affairs;
- Traffic police of Russia;
- Investigative Committee of the Russian Federation;
- The prosecutor's office of the Russian Federation;
- FSB of the Russian Federation;
- Customs;
- FSSP and other authorities.
Law enforcement agencies of all kinds have the right to participate in the investigation of crimes of an economic nature, since all are connected with payments for labor or other activities. In addition, the powers of many bodies include the right to file a crime of an economic nature.
Economic crimes of the Criminal Code of the Russian Federation can be committed in any field. The corruption component is present in any institution, both state and commercial.
Difficulties in criminal prosecution
Guided by the Criminal Code of the Russian Federation, authorized persons prosecute only individuals. Although in commercial crimes appear legal entities and other business formations, an individual directs everything. Therefore, an investigation should be carried out not only in relation to legal education, but also in relation to persons who are heads of the company.
In state and municipal administration, only an official or contractor may commit an unlawful act. Often, the implementation of a state or regional program for which funds are allocated falls on the shoulders of the head of the administrative department. If the misuse of budget funds, as well as cases of bank fraud, is proved, the official will be prosecuted. Since the corruption component is present in every institution that uses budget money, tenders, tenders and other events are held, the crime rate is growing.
The complexity of the investigation lies in the fact that new officials come up with complex schemes that are difficult to learn about. This is another factor that slows down the investigation.