What are the risks for money fraud? Petty fraud and punishment for it
1. Fraud, that is, theft of someone else's property or the acquisition of the right to someone else's property by deceit or breach of trust, –
shall be punishable by a fine in the amount of up to one hundred and twenty thousand rubles or in the amount of wages or other income of the convicted person for a period of up to one year, or by compulsory labor for a term of up to three hundred and sixty hours, or by corrective labor for a term of up to one year, or by restriction of liberty for a term of up to two years, or by forced labor for a term of up to two years, or by arrest for up to four months, or imprisonment for up to two years.
2. Fraud committed by a group of persons by prior agreement, as well as causing significant damage to a citizen, -
3. Fraud committed by a person using his official position, as well as on a large scale, –
4. Fraud committed by an organized group or on an especially large scale, or which resulted in the deprivation of a citizen's right to a dwelling, -
5. Fraud associated with deliberate failure to fulfill contractual obligations in the field of entrepreneurial activity, if this act has caused significant damage, –
shall be punishable by a fine in the amount up to 300 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period up to two years, or by compulsory labor for a term of up to 480 hours, or by corrective labor for a term of up to two years, or by compulsory labor for a term of up to five years. with restriction of freedom for a term of up to one year or without it, or imprisonment for a term of up to five years with restriction of freedom for a term of up to one year or without it.
6. The act provided for by part five of this article, committed on a large scale, -
shall be punishable by a fine in the amount of 100 thousand to 500 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of one to three years, or by compulsory labor for a term of up to five years, with or without restraint of liberty for a term of up to two years, or deprivation of liberty for a term of up to six years, with or without a fine in the amount of up to eighty thousand rubles or in the amount of the salary or other income of the convicted person for a period of up to six months, and with restriction of liberty for a term of up to one and a half years.
7. The act provided for by part five of this article, committed on an especially large scale, -
shall be punishable by deprivation of liberty for a term of up to ten years, with or without a fine in the amount of up to one million rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to three years.
Notes:
1. Significant damage in part five of this article is damage in the amount of at least ten thousand rubles.
2. In the sixth part of this article, the value of property in excess of three million rubles is recognized as a large amount.
3. The value of property in excess of twelve million rubles is recognized as a particularly large amount in part seven of this article.
4. Action of parts five - seven of this article extends to cases of deliberate non-fulfillment of contractual obligations in the field of entrepreneurial activity, when the parties to the contract are individual entrepreneurs and (or) commercial organizations.
Commentary on Art. 159 of the Criminal Code of the Russian Federation
1. Fraud is a form of theft, which is characterized by all the main features of theft (see). Distinctive feature Scams are ways to take possession of someone else's property. They are deception of the victim or abuse of his trust. The owner of the property, another person, an authorized authority, being misled by the subject of the crime regarding his true intentions, transfer the property or the right to it to the guilty person, to other persons or do not prevent the seizure of this property or the acquisition of the right to it by them.
2. Deception is a way of committing theft. It consists in informing the victim of knowingly false, untrue information, either in silence about the true facts, or in deliberate actions. Fraud, for example, can be expressed in the provision of counterfeit goods, the use of fraudulent methods when paying for goods and services. Fraud can take place when gambling, when simulating cash settlements, or any other actions aimed at misleading the owner of the property or another person.
Reported Fraud false information(or omissions about any information) may refer to any circumstances, in particular to legal facts and events, quality, value of property, identity of the perpetrator, his powers, intentions.
3. Abuse of trust in fraud consists in the use for mercenary purposes of a special trust relationship with the owner of the property or another person authorized to make decisions on the transfer of this property to third parties. Trust may be due to various circumstances, for example, the official position of a person or personal or family relations of a person with the victim.
Abuse of trust also takes place in cases where a person assumes obligations with the knowing absence of his intention to fulfill them (for example, an individual receives a loan, an advance payment for the performance of work, services, an advance payment for the supply of goods, if he did not intend to repay the debt or otherwise fulfill their obligations).
4. The object of fraud coincides with the generic object of theft, these are social relations that develop in the sphere of distribution and redistribution of material wealth.
5. The objective side of fraud is taking possession of other people's property by deceit or breach of trust.
Fraud can only be committed against a capable person who voluntarily transfers property or the right to it to the guilty person. Deception of an incapacitated (underage, mentally ill) and receiving property from him is qualified as theft.
6. Fraud is recognized as completed from the moment the stolen property enters the illegal possession of the perpetrator or other persons, when they have received a real opportunity (depending on the consumer properties of this property) to use or dispose of it at their discretion.
If fraud is committed in the form of acquiring the right to someone else's property, the crime is considered completed from the moment the perpetrator has a legally fixed opportunity to take possession or dispose of someone else's property as his own (in particular, from the moment of registration of ownership of real estate or other rights to property subject to such registration in accordance with the law; from the time of conclusion of the contract; from the moment of making an endorsement (endorsement) on the bill; from the date of entry into force of the court decision, which recognizes the right to property for a person, or from the date of adoption of another title-establishing decision by authorized authorities or by a person misled as to whether the perpetrator or other persons have legal grounds for possession, use or disposal of property).
In cases where a person receives someone else's property or acquires the right to it, without intending to fulfill the obligations associated with the conditions for transferring the said property or right to him, as a result of which the victim is inflicted material damage, the deed should be qualified as fraud if the intent aimed at theft of someone else's property or the acquisition of the right to someone else's property, arose from a person before receiving someone else's property or the right to it.
If, simultaneously with the theft of one property, it is replaced by less valuable property, the damage is determined depending on the value of the property actually seized.
7. Subject - any capable person who has reached the age of 16.
8. Subjective side - direct, as a rule, specified intent. The presence of intent aimed at fraud may be indicated, in particular, by the deliberate lack of a person’s real financial ability to fulfill an obligation or the necessary license to carry out activities aimed at fulfilling his obligations under an agreement, the use by a person of fictitious statutory documents or false letters of guarantee, concealment of information about the presence of debts and pledges of property, the creation of false enterprises acting as one of the parties in the transaction.
9. However, the circumstances listed above do not necessarily indicate the presence of fraud, therefore, in each specific case it must be reliably established that the person who committed certain actions knowingly did not intend to fulfill his obligations.
10. Fraud committed with the use of an official document forged by this person, granting rights or exempting from obligations, is qualified as a set of crimes provided for by the relevant part of the commented Article 159 of the Criminal Code of the Russian Federation.
11. If the person who forged an official document, due to circumstances beyond his control, could not use it, the deed is qualified under Part 1 of Art. 327 and, part 3 or 4 of the commented article as preparation for fraud.
12. If a person has made a fake document for the purpose of fraud, used it for this purpose, however, due to circumstances beyond his control, he could not seize the property of the victim or acquire the right to someone else's property, the offense qualifies as a set of crimes under Part 1 of Art. 327 of the Criminal Code, as well as part 3 of Art. 30 of the Criminal Code and, depending on the circumstances of a particular case, the relevant part of the commented article.
13. Fraud committed using a fake official document made by another person is fully covered by the corpus delicti provided for by the commented article, and does not require additional qualification under Art. 327 of the Criminal Code.
14. If a commercial organization is created without the intention to actually carry out entrepreneurial or banking activities, with the aim of stealing someone else's property or acquiring the right to it, the deed is fully covered by fraud.
15. The act of a person engaged in illegal business activities by manufacturing and selling counterfeit goods, for example, alcohol-containing drinks, medicines, under the guise of genuine ones, deceiving consumers of these products regarding the quality and other characteristics of the product that affect its value, forms the composition of fraud and additional qualification for not requires. In cases where these actions are related to the production, storage or transportation for the purpose of sale or sale of counterfeit goods that do not meet the requirements for the safety of life or health of consumers, the deed forms a set of crimes provided for by the relevant parts of the commented article and.
16. Secret theft of bearer securities does not constitute fraud, i.e. such securities for which the right certified by them can be exercised by any of their holders (bond, promissory note, share, bank savings book to bearer or other documents classified by law as securities). The deed in these cases is qualified as theft of another's property.
The subsequent realization of the rights certified by secretly stolen bearer securities (i.e. receiving Money or other property) constitutes the disposal of stolen property and does not require additional qualification as theft or fraud.
17. Actions consisting in the illegal receipt of social payments and benefits on the basis of someone else's personal or other documents (for example, a pension certificate, a birth certificate of a child) are qualified as fraud when receiving payments ().
18. If the documents specified in clause 17 were previously stolen by the perpetrator, his actions are additionally qualified according to (if an official document is stolen) or according to part 2 of this article (if a passport or other important personal document is stolen).
19. As fraud, the gratuitous circulation by a person in his own favor or in favor of other persons of funds held in bank accounts, committed for mercenary purposes by deceit or abuse of trust (for example, by submitting fake payment orders to the bank, concluding a loan agreement under the condition repayment of the loan, which the person does not intend to fulfill).
Theft of other people's funds held in bank accounts by using a stolen or counterfeit credit or payment card qualifies as, and only in cases where a person, by deception or abuse of trust, misled an authorized employee of a credit, trade or service organization (for example, in cases where, using a bank card to pay for goods or services in a trade or service center, the person signs the purchase receipt instead of the rightful cardholder or presents a fake passport in his name).
The very manufacture for the purpose of sale or the sale of counterfeit credit or bank cards is qualified under. The production by a person of fake bank settlement or credit cards for use in order to commit crimes by the same person under part 3 or 4 of the commented article 159 of the Criminal Code should be qualified as preparation for fraud using payment cards.
If a person used a stolen or counterfeit credit or debit card, but due to circumstances beyond his control, he failed to turn other people's money in his favor or in favor of other persons, the deed, depending on the method of theft, should be qualified as an attempted theft or fraud ( and on the relevant part of Article 158 or 159.3 of the Criminal Code).
The sale of counterfeit credit or payment cards, as well as other payment documents that are not securities, obviously unsuitable for use, constitutes fraud and is subject to qualification under the relevant part of the commented article. In the event that a person has manufactured for the purpose of sale counterfeit credit or payment cards, as well as other payment documents that are not securities, obviously unsuitable for use, but due to circumstances beyond his control could not sell them, the deed must be qualified in accordance with Part 1 tbsp. 30 of the Criminal Code as preparation for fraud, if the circumstances of the case indicate that these actions were aimed at committing crimes under part 3 or 4 of the commented article or part 4 of Art. 159.3 of the Criminal Code.
23. Since cash and clothing and other lottery tickets are not securities, their forgery for the purpose of sale or illegal receipt of winnings can be qualified as preparation for fraud if there are signs of a crime in the person’s actions under part 3 or 4 of the commented article . In the event of the sale of a fake lottery ticket or the receipt of winnings on it, the deed should be qualified as fraud.
24. Infliction of property damage by deceit or breach of trust in the absence of signs of theft () should be distinguished from fraud. In the latter case, there are no such obligatory signs of fraud as an unlawful, gratuitous final seizure and (or) conversion of another's property in favor of the perpetrator or in favor of other persons, committed for mercenary purposes.
When deciding whether the actions of a person contain elements of a crime, responsibility for which is provided for in Art. 165 of the Criminal Code, it is necessary to establish whether the owner or other owner of the property has suffered real material damage or damage in the form of lost profits, i.e. unearned income that this person would have received under normal conditions of civil circulation, if his right had not been violated by deceit or breach of trust.
Fraud or abuse of trust in order to obtain an illegal benefit of a property nature can be expressed, for example, in the presentation by a person of forged documents that exempt from payment of payments established by law (except for those specified in art., and) or from fees for utilities, in unauthorized connection to power grids, creating the possibility of unaccounted for electricity consumption or exploitation for personal purposes of the transport entrusted to this person.
25. In cases where deceit is used by a person to facilitate access to someone else's property, during the seizure of which his actions are discovered by the owner or other owner of this property or other persons, but the person, being aware of this, continues to illegally seize property or keep it against the will of the owner property, (for example, when a person asks the owner for a mobile phone for temporary use, and then hides with a stolen phone).
26. Qualified types of fraud are regulated by part 2 - 4 of the commented article 159 of the Criminal Code of the Russian Federation. According to part 2, these are: committing fraud by a group of persons by prior agreement; causing significant damage to the citizen.
27. The commission of fraud by a group of persons by prior agreement is an act carried out by two or more persons who agreed in advance to commit a crime together (for more details, see the commentary to Article 158).
28. Fraud causing significant damage to a citizen. The significance of the damage caused by theft to a citizen is evidenced by the importance, the materiality of the consequences of the crime both for the victim himself and for his family (for more details, see the commentary to Article 158).
29. Particularly qualified types of fraud (part 3 of the commented article) are fraud committed by a person using his official position, as well as on a large scale.
30. Persons using their official position in committing fraud should be understood as the position of persons with the characteristics provided for in paragraph 1 of note. k, state or municipal employees who are not officials, as well as other persons who meet the requirements provided for in clause 1 note. k (for example, a person who uses his official powers to commit the theft of someone else's property, including organizational and administrative or administrative and economic duties in a commercial organization).
The actions of organizers, instigators and accomplices of fraud, misappropriation or embezzlement, knowingly committed by a person using his official position, are qualified under the relevant part of Art. 33 and under part 3 of the commented article.
Fraud committed by an official using his official position is qualified under part 3 of the commented article, additional qualification of the act under part 1 of Art. 285 of the Criminal Code is not required.
———————————
See: Determination of the Judicial Collegium of the Armed Forces of the Russian Federation N 5-D09-4.
31. Fraud on a large scale. According to paragraph 4 note. to Art. 158, such is recognized as taking possession of other people's property in the amount of more than 250 thousand rubles. (for more details, see the commentary to Art. 158).
32. The next level of special qualification of fraud is the taking of another's property by deceit or breach of trust: by an organized group; on an especially large scale or entailed the deprivation of a citizen's right to housing (part 4 of the commented article).
33. Fraud committed by an organized group. An organized group is a stable group of people who have previously united to commit one or more crimes. An organized group is distinguished by the presence of an organizer (leader) in its composition, the stability of the composition of the group members, the distribution of roles between them in preparing for a crime and directly committing it (for more details, see comments to part 3 of article 35, article 158).
34. Fraud on an especially large scale. The issue of the presence in the actions of the perpetrators of a qualifying sign of committing fraud on an especially large scale is resolved in accordance with paragraph 4 of note. to Art. 158 of the Criminal Code (for more details, see
So what is fraud article 159 of the Criminal Code of the Russian Federation? And what will be the help of a lawyer for both the victim and the fraudster himself? For review, I present an article of the Criminal Code of the Russian Federation:
Article 159. Fraud
1. Fraud, that is, stealing someone else's property or acquiring the right to someone else's property by deceit or breach of trust, - a term of up to one hundred and eighty hours, or by corrective labor for a term of six months to one year, or by arrest for a term of two to four months, or by deprivation of liberty for a term of up to two years.
2. Fraud committed by a group of persons by prior agreement, as well as causing significant damage to a citizen, - eighty to two hundred and forty hours, or by corrective labor for a term of one to two years, or by deprivation of liberty for a term of up to five years.
3. Fraud committed by a person using his official position, as well as on a large scale, - for a term of two to six years with or without a fine in the amount of up to ten thousand rubles or in the amount of the wage or other income of the convicted person for a period of up to one month.
4. Fraud committed by an organized group or on an especially large scale, is punishable by deprivation of liberty for a term of five to ten years, with or without a fine in the amount of up to one million rubles or in the amount of the wage or other income of the convicted person for a period of up to three years. »
And now, as they say, "closer to the body."
Like any intentional crime (and this is a deliberate crime), fraud implies the presence of direct intent, that is, the person who, in our case, borrows money, knows for sure that he will never return it. At the same time, it misleads the creditor, deceives, undertaking to return the money. Here you are, gentlemen, and a dead end. And who, in fact, except the swindler himself knows about his "insidious plans"? How, then, to prove to the debtor that his actions were originally fraudulent? Let's try to find the answer to this question, so far without the direct assistance of a lawyer.
Another “good” way is to contact a “cool” debt collection company. Believe me - in this case you will not get anything but an extra headache! Only if you are offered to redeem the debt for a meager amount with payment immediately after the conclusion of the transaction - you will receive some percentage of your money and the rest will no longer be your concern. If you are offered assistance in obtaining a debt from a fraudster for a certain percentage after collection - oh, how you should think before agreeing! What methods are used by such companies? The most that neither is illegal! And if the same debtor turns to the police, you yourself will find yourself in the dock, it is you who will need help and believe that, taking into account all kinds of “roofs” of such companies, it is you who will be recognized as the organizer of all those offenses that these people will commit in their actions. "good uncles"
Assistance from a fraud lawyer
What to do? Leave everything as it is and “bite the offense” to forget about your money? The only way out is a qualified, experienced and experienced lawyer in such cases. Of course, one should not think that even highly qualified legal assistance is a real “panacea” in such cases. But the chances of recovering at least part of the debt from the fraudster increase exponentially. Carrying out his work, the lawyer will initially collect material to bring the alleged debtor to criminal liability, he himself will evaluate the information received and decide on the possibility or impossibility of this type of legal relationship. If it is nevertheless impossible to initiate a criminal case, then assistance will consist in taking actions aimed at bringing the debtor to civil liability.
Of course, you can file a lawsuit in a civil court on your own, without the help of a lawyer, and even get a decision in your favor. But what's next? As a rule, the fraudster has no job, no money, no property that can be seized. Of course, he has all this, but not officially (an apartment - moms, a car - dads, a TV - a friend, etc.). And that's all - the bailiffs are powerless, and you are still sitting with nothing. Another trick of scammers is to get a job as a watchman after the trial with a salary of 4 thousand rubles and deduct up to 50% of your salary. This is of course a way out, but if we are talking about amounts of 10, 20 or more thousand dollars? These are years and years of waiting, penny returns and depreciation of contributions received. But the bailiffs will gladly report on the successful resolution of this case and hide it in a "long box".
I really want to tell you what, nevertheless, in this situation the help of a lawyer (defender) will consist of, both at the stage of initiating a criminal case and in a civil process. But my colleagues will not understand me - after all, this is their “bread”. The only thing I can state with confidence is that the help of the lawyers of the Feoktistoff & K Law Office will be as effective as possible, since our specialists are well versed in these matters. We have dozens of such cases on our account, half of which went through criminal proceedings! And this, oh, how accelerates the sudden appearance of funds from the debtor!
Having received competent legal assistance and advice in the future (even without his participation), you will be able to independently achieve and initiate a criminal case under the article fraud, and in case of refusal, you can successfully collect the debt through civil proceedings. If necessary, our lawyers will accompany your case until it is fully resolved.
For money to be profitable, it must work. What is the easiest way to make your savings bring you income? Invest in a successful project. But first you should assess the degree of risk and the likelihood of being deceived by various kinds of scammers. Therefore, it is important to know in advance what fraud is and what forms it exists. So, fraud of the Criminal Code of the Russian Federation (part 1 of article 159 of the Criminal Code Russian Federation) defines as a type of crime consisting in the misappropriation of another's property or the seizure of rights to it, by breach of trust or deceit. There is an opinion that fraud is not something too serious: "well, a simpleton deceived, what's wrong." However, despite the fact that the victim herself, allegedly "of good will" parted with her property, the actions of the attacker that contribute to this are qualified as a crime (a type of theft) and are punished quite severely.
According to forensic scientists, Russia is one of the states where fraud is extremely widespread, has a variety of work schemes, as well as a tendency to increase the number of cases and the sophistication of forms. Unfortunately, in our country this phenomenon is massive.
What is considered fraud
What is considered fraud and what is not? As mentioned above, fraud in the Criminal Code of the Russian Federation is considered a type of theft (theft) of property. Theft, according to Note No. 1 to Article 158 of the Criminal Code of the Russian Federation, is the mercenary, illegal, gratuitous seizure of another's property or the appropriation of rights to it, causing damage to the owner. The fact that there is no payment for property that has passed to another person is important here.
What does breach of trust and deceit mean? Fraud is the communication of deliberately false, untrue information, concealment of the truth, falsification of information or, for example, the issuance of a fake for the original of something valuable, as well as any other misleading actions.
Remember: ignorance of the law does not exempt from liability for its violation!
Abuse of trust is the use of another person's trust for personal gain. Trust may be due, for example, to kinship or friendly relations, as well as the official position of the fraudster and the dependent position of the victim. This also includes situations where the attacker receives money in the form of an advance payment for services that he does not intend to perform. Or for a product that was not going to be given to the buyer.
From a legal point of view, illegal actions against someone related to breach of trust or deceit, but without theft of property that causes damage to its owner, are not considered fraud. Situations where someone else's property, fraudulently obtained from its owner, is held by force are also not considered fraud. For example, an attacker asks for a phone to make an urgent call, but as soon as he gets it, he hides with it or refuses to return it. This qualifies as robbery. And, finally, if someone else's property passes into the hands of an attacker under the influence of threats or intimidation, this is extortion.
The moment of the end of fraud is the time when the person who illegally took possession of other people's property got the opportunity to dispose of it at his own discretion.
Liability for Fraud
1. According to the Criminal Code of the Russian Federation, fraud (Article 159) is punishable by:
- a fine of up to 120,000 rubles or in the amount of earnings (other income) of the convicted person for a period of up to 1 year;
- forced labor - up to 180,000 hours;
- correctional labor - up to 1 year;
- arrest - up to 4 months;
- imprisonment up to 2 years.
2. Fraud committed by a group of participants (preliminary conspiracy) or causing significant damage to the owner of the property is punishable:
- a fine of up to 300,000 rubles or in the amount of earnings (other income) of the person subjected to punishment for a period of up to 2 years;
- compulsory work - from 180,000 to 240,000 hours;
- correctional labor - up to 2 years;
- imprisonment up to 5 years.
3. Fraud committed by someone in the exercise of his official position, or fraud on a large scale, shall be punished:
- a fine from 100,000 to 500,000 rubles or in the amount of earnings (other income) subjected to punishment for a period of 1 to 3 years;
- imprisonment up to 6 years with a fine of up to 10,000 rubles or in the amount of earnings (other income) of the convicted person for 1 month, or without a fine.
4. Fraud on an especially large scale or which was committed by an organized group is punishable by:
- imprisonment for a term of up to 10 years with a fine of up to 1,000,000 rubles or in the amount of earnings (other income) of the person punished for a period of up to 3 years, or without a fine.
What are the scammer and his victim?
The appearance of a fraudster can hardly be repulsive; rather, it will be a disposing, pleasant person who knows how to "rub" into trust and play on human feelings. Often, attackers exploit base human qualities - greed, passion for easy money or the desire of the victim to deceive someone himself, although sometimes they play on kindness, love for one's neighbor, caring for the weak, and the like. Judging by this, practically no one is guaranteed that they will never be deceived.
Previously, scammers were considered the elite of the underworld, since they were people, as a rule, educated, smart, well versed in psychology. Now, with the availability of mobile communications and the Internet to the majority of the population, scammers even no longer need to be good actors.
The ingenuity and resourcefulness of fraud has no limits. As soon as one type of working scheme of deception becomes known to most people, a new form of it is invented or an old one is modified, and again the money of naive citizens flows in a stream into other people's pockets.
For example, the sphere of communications has long been saturated with fraud: not everyone will pass by a request to transfer some money to a sick child or call back a loved one, allegedly receiving an SMS from him stating that "a disaster has happened and money is urgently needed." This type of deception is attractive to unscrupulous citizens also because it is extremely difficult, and sometimes even impossible, for the victim to find out who the attacker is, because there was no personal contact, or even a conversation between them. Yes, and getting the money back is almost impossible. Therefore, these forms of fraud are widespread and have been operating for years.
In addition to modern high-tech forms of deception, the traditional ones - card cheating or thimble-biting - have not outlived their usefulness. And, oddly enough, they consistently bring income to their adherents.
Types of Fraud
Fraud simple or classic.
Classical fraud - article 159 of the Criminal Code of the Russian Federation, part 1, is considered as a type of misappropriation of another's property by deceit, committed without additional aggravating conditions. For example, these are cases when an attacker deliberately provides false information about himself in order to force the victim to give him, for example, money or a valuable thing. This kind of fraud can be based on a contract or without it. For example, borrowing a certain amount of money, promising to return it after some time, but not intending to do so.
Qualified Fraud
This type of crime includes fraud committed while using one's official position, or by a group of people - professional fraudsters. Usually, the damage to the victim in this case is more significant than with classical form fraudulent
nichestvo. This type of crime is accompanied by aggravating signs, and the punishment for it is more serious.
Contract Fraud
Contractual fraud is accompanied by the conclusion of civil transactions between the fraudster and the victim. For example, the attacker, according to the contract, undertakes to transfer property to the victim, which he does not actually have. The victim, not knowing that the subject of the transaction does not exist, gives money to the fraudster and receives nothing in return.
Contractual conclusions are most often drawn up when buying and selling expensive property - houses, apartments, vehicles, and the like. This type of crime is often classified as fraud on an especially large scale. Often, such forms of profit are developed and put into practice by a group of malefactors, and both individuals and enterprises and organizations can become their victims. The scheme of such a deception can be multi-level, including the false services of dishonest lawyers who help the victim "according to the law" conclude contracts and give money to scammers.
Extra-contractual fraud
The most common, numerous and diverse type of fraud. Examples of such cases: a request to immediately transfer money to the fraudster's phone number under the guise of a loved one who is in a difficult situation, forcing you to give money to a "healer" to remove "damage" and much more. Since such transactions are usually not always easy to prove, they often go undiscovered. And the victims themselves are in no hurry to make statements in law enforcement, especially if the amount of stolen funds was not large. This allows fraudsters to go unpunished for a long time and develop new ways to take property from citizens.
Common scams
Electronic Fraud
Spam coming by e-mail, in the form of SMS messages to the phone and in other ways, usually contains a considerable amount of charlatan messages. In many of these letters, one can read offers to join various financial pyramids that promise instant enrichment, requests to send a certain amount for the treatment of a patient, make a contribution to various charitable foundations, learn many ways to make money quickly, and more.
Paid mailings. It happens that in order to refuse some imposed service, you need to make a call or send a message to a "free" number, as a result of which you will automatically be subscribed to some paid mailing lists, for which some amount will be constantly debited from your account. Or it will be removed once.
Infection of a computer or mobile gadget with malware. This can be classified as both fraud and theft. In case of fraud, the victim will be forced to personally transfer funds to the accounts of intruders, for example, for unlocking the Windows login. Example: text is displayed on the screen, where on behalf of public services it is reported that pirated software has been found on your computer, with a demand to pay a "fine". Naturally, scammers extort money in this way.
Calls or messages to mobile numbers that your relative is in a difficult situation, about winning prizes, about erroneously crediting a certain amount to your number, and so on. The essence of such stories boil down to one thing - you are expected to replenish the accounts of intruders.
How not to fall for these tricks? Do not believe those who promise a quick enrichment. Ponzi schemes that previously existed in real life have now moved to the Internet. About this kind of organization, we can say that this is a fraud on an especially large scale, since the amounts involved are significant. Naturally, having concluded a contract, you will immediately become their debtor.
If you want to participate in paying for the treatment of a sick child - make inquiries, specify the account number. Usually, in real situations, it is not difficult to find out. If a request for help comes from your loved one, first contact him by phone personally.
Install on your computer and mobile device(smartphone, tablet) anti-virus protection and anti-spam filter. This will protect you from viruses and prevent unauthorized calls and mailings from your mobile number.
Thimble games, street lotteries, and other "scams"
A very old and seemingly well-known type of fraud. However, there are still people who want to participate in them. The scheme of involvement is quite simple: before the eyes of the public, an accomplice of scammers, disguised as a random passerby, wins large sums of money. It is difficult for a gambler to pass by, but do not forget where the free cheese is. If you win a little, then you will definitely lose everything.
Card games
They are practiced by professional gamblers-swindlers, who, as a rule, are highly qualified in this criminal profession. They prefer to involve passengers of trains, taxis, hotel guests or simply gamblers who love risk and believe in luck in the card game. For the "client" the game will be arranged in such a way that for some time he will be lucky, but the case always ends in a big loss. There is a special warehouse of people's psychology - a tendency to gambling. Fraudsters of this category are able to accurately identify such people from the crowd and involve them in the game.
Divination
A variegated category - from street gypsies to all kinds of "healers" and "soothsayers". Work alone or in groups. Subtle psychologists are able to figure out those on whom they can easily make money. Finding an approach to the suggested person (their clients are mostly women), they listen to complaints, express compassion and readiness to get rid of all life's troubles and illnesses for a certain amount, sometimes significant. They use elements of suggestion and intimidation: "if you do not remove the damage now, it will be even worse." Usually they achieve that the victim comes to them repeatedly for "healing" sessions and is left without money and without the desired result of "treatment".
According to the statistics of the Supreme Court of the Russian Federation, more than 25,000 convictions are issued each year for committing fraud. These include all fraudulent activities, including petty fraud charges.
Penalty for petty fraud
According to legal norms, damage in the amount of no more than 1.5 million rubles is classified as a petty type of fraud.
Punishment depends, as a rule, on some factors, including extenuating circumstances, such as primary or repeated prosecution for a given offense.
The verdict is issued by the judicial authority, which may contain the following:
- imposition of a fine;
- compulsory work for up to 480 hours;
- appointment of correctional labor for up to 2 years;
- restriction of freedom for a period of up to 1 year or without it with the simultaneous involvement of forced labor for a period of up to 5 years;
- imprisonment of the offender for up to five years with or without a limitation of up to 1 year.
Important! Under current legislation, for committing petty fraud in the field of entrepreneurship, the guilty person is sentenced by the court to imprisonment for up to one year.
The fine for committing petty fraud is set at up to 500 thousand rubles. The size depends on the severity of the act.
New schemes
Development modern technologies allows fraudsters to master new forms of fraud that have gained momentum not only in our country, but throughout the world, despite the cybersecurity measures taken.
The tools by which fraudulent actions are carried out include:
- Internet. It is used in connection with the reduction to zero of the possibility of catching offenders committing virtual acts.
- cellular. It is less widespread. Despite the fact that SIM cards are sold according to their passport.
The most popular methods of small-scale fraud on the Internet include raising funds for the treatment of a seriously ill child or adult. Some of the scammers offer to invest money in a joint business, which supposedly will bring high income.
No less popular is fraud on the Internet, when crooks act on behalf of certain companies, offering to buy their shares at an attractive price. Then they disappear without a trace in the vastness of the network after receiving the money. Mobile communication can also be frustrating with the loss of money. For example, a scammer inclines to replenish his cellular account, indicating some reason:
- make an advance payment for any service;
- taking part in the promotion, for this he asks to send him a replenishment code;
- etc.
Many scammers offer the services of astrologers, palmists, fortune tellers, and healers. They skillfully use the desires of people to get away from life's problems, family troubles and all kinds of diseases. In fact, fraud in this area cannot be substantiated by the norms of criminal law. At the same time, this type of scam is common both in a real meeting with a deceiver and on the Internet.
What you need to pay attention to
Fraudsters are more likely to higher education they are the elite of the underworld. As a rule, they have high intelligence, good knowledge in human psychology. Most of them are able to easily make contact with people, quickly win their favor.
Often, scammers are excellent specialists in certain areas of activity, for example, information technology.
In their fraudulent activities, they often use psychological techniques, such as:
- making proposals for the implementation of a certain transaction on requirements that differ from simple transactions by a significant benefit;
- compelling a person to do something;
- creating a certain opinion among citizens about themselves, for example, the image of a rich, prosperous person.
AT Everyday life you can meet swindlers with pronounced traits of an intellectual with well-mannered manners, attracting him with a pleasant voice, as well as unhurried speech. They can convince anyone in a short period of time of anything.
Taking into account the above, you need to be vigilant and careful, rely on intuition, have some ingenuity so as not to fall for their tricks.
ATTENTION! In connection with latest changes in legislation, the information in the article could be outdated! Our lawyer will advise you free of charge - write in the form below.
Fraud is no exception. What is the responsibility for this act? For how long can swindlers be imprisoned - we will tell further.
What is considered fraud?
Criminal law defines fraud as the misappropriation of another person's property or money. It is done through deceit or abuse of the victim's trust.
Despite the fact that scammers do not use physical force or threats against the victim, as a result of their tricks, he himself transfers his things or money.
Fraud is committed without physical or psychological abuse of the victim.
What article threatens for fraud?
This act is covered by Art. 159 of the Criminal Code of the Russian Federation. In order for a crime to be qualified as fraud, it is required to prove that it was committed precisely by deception or abuse of the victim's trust.
If a person did not have the intent to "fool" - there is no corpus delicti under Art. 159 of the Criminal Code of the Russian Federation.
To be convicted of fraud, you need to have intent to deceive.
The fraudulent actions of scammers can be expressed in:
- Giving deliberately false information
For example, if the seller claims that he sells Dolce Gabbana jeans, but in fact they are made near Uryupinsk.
- Concealment of facts that play a key role in the transaction.
For example, if you were not told that the iPhone you bought is a Chinese fake, not the original.
A scammer may give you false information or delicately keep silent about important nuances in a transaction.
A breach of trust implies a situation where, due to a good relationship with a swindler, the victim voluntarily gives him his belongings or money. The victim does not even suspect about the "divorce".
The fraudster creates such a psychological environment in which the victim agrees to transfer his property to him or to third parties, being confident in the legal nature of the transaction.
Liability for Fraud
Article 159 of the Criminal Code of the Russian Federation is not the only article that punishes swindlers.
The legislator has provided for several more special elements of this crime:
- Art. 159.1- establishes responsibility for scams in the field of lending to private citizens and legal entities;
- Art. 159.2- determines the punishment for fraud in the field of receiving social or other similar payments and benefits;
- Art. 159.3- imposes sanctions for credit card fraud;
- Art. 159.5- unscrupulous employees of insurance companies are punished under this article;
- Art. 159.6- it can attract computer hackers.
But a swindler can avoid criminal prosecution, but only under certain circumstances.
For fraud, not only criminal, but also administrative liability is provided.
Administrative responsibility
If a swindler defrauded you of money in the amount of less than 2.5 thousand rubles, then this is an administrative offense. At the same time, his actions should not contain additional qualifying features, for example, as part of a group of persons. If these signs are present, the attacker will receive criminal punishment.
Criminal liability
It can be initiated even if the victim did not personally apply to law enforcement agencies.
Criminal case under Art. 159 of the Criminal Code of the Russian Federation is initiated regardless of the desire of the victim.
Any capable attacker who has reached the age of 16 can be recognized as a fraudster.
The crime is considered completed at the moment when the swindler took possession of someone else's property or money and got the opportunity to use them at his own discretion.
The method of acquiring rights to someone else's good has no legal significance. The offender could use forged documents, resort to the help of third parties, create a special psychological environment for the victim, etc. All the same, he will be prosecuted.
Fraud is committed with direct intent, as deception or breach of trust does not occur through negligence.
Punishment for fraud
Fraud is punishable under seven different articles of the Criminal Code of the Russian Federation, each of which includes an independent list of sanctions.
The offender is subject to the following penalties:
- a large fine (from 120 thousand to 1 million rubles);
- compulsory, forced or corrective labor for different periods;
- arrest or restriction of liberty;
- imprisonment.
The minimum possible term of imprisonment for fraud under Art. 159 of the Criminal Code of the Russian Federation is 2 years.
The most severe sanction awaits the criminal who has committed a scam on an especially large scale. He faces a prison sentence of up to 10 years.
If you embezzled several million rubles, you will sit down for a long time.
When choosing a measure of punishment, the court in each case will take into account the presence of aggravating or mitigating circumstances.
Aggravating signs are:
- preliminary ;
- participation in an organized gang;
- use of his official position;
- deprivation of a citizen of his right to housing;
- original intent to fail to fulfill their contractual obligations;
- significant, large or especially large damage.
In case of fraud, damage from 10 thousand rubles is considered significant, damage from 3 million rubles is large, and damage from 12 million rubles is especially large.
Be vigilant, and you can protect yourself from the machinations of scammers.