Article "Fraud" of the Criminal Code of the Russian Federation: characterization and delimitation of adjacent formulations

The article "Fraud" of the Criminal Code of the Russian Federation contains in itself one of the types of theft, which, unlike others, has a special feature - a method. What is this crime, and how to distinguish it from similar compositions prescribed by law? This article will tell you about this.

Article "Fraud" of the Criminal Code of the Russian Federation: characteristics

The object of this crime is property relations. It always harms the property of other people. Article "Fraud" of the Criminal Code provides for action - theft of property or the acquisition of rights to it. At the same time, a mandatory feature is a method: deception or abuse of trust. Let us now characterize them. Under deception, you can understand the reporting of false information about certain circumstances or their concealment, the silence about them. Abuse of trust is the use of special, friendly, respectful relationships between the victim and the person who committed the crime. The article "Fraud" of the Criminal Code of the Russian Federation is also special in that as a result, a deceived person voluntarily and independently transfers certain property or the right to him to the culprit. Another mandatory feature is a selfish goal. The offender inevitably wants to get property benefits from the act that he does. Wine under such an action is always intentional, and intent is straightforward. In addition, the article "Fraud" of the Criminal Code of the Russian Federation contains an additional 3 parts, in which qualifying signs are provided. To them, the legislator refers to the commission of the crime by several consensual people, the degree of damage, the use of official position, and the deprivation of the victim's right to housing.

Fraud: special formulations

In fact, in the criminal law there is not one rule pertaining to this crime, and 159 article "Fraud" of the Criminal Code of the Russian Federation is not the only one. In addition to it, which contains the general composition of fraud, there are a number of legal regulations that are of a special nature. These are the following for the specified 6 norms. In them, the responsibility for fraud is ranked according to the sphere in which it was committed. So, if the crime was committed using payment cards, the guilty person will suffer the punishment provided for in Article 159.3, not 159 or two at once.

Fraud: delimitation of adjacent formulations

There are quite a lot of thefts in the law, and it is important to be able to distinguish them, so that a person is brought to justice precisely for the crime committed, and not for another unlawful act. Take, for example, the theft, which is devoted to Article 158 of the Criminal Code. Fraud differs from this illegal action in the way it is committed. If the theft is committed in secret and directly by the guilty person, then under the act we are considering the victim under the influence of delusion will part with the property voluntarily. But they have the same object - property relations. Even we should not compare with the crime we are considering evasion of loan repayment, which contains article 177 of the Criminal Code of the Russian Federation. Fraud from this unlawful act is different in all mandatory features. These crimes are so different that they are contained even in various chapters of the Criminal Code of the Russian Federation.