The Criminal Code has a concept of a particularly large size. This definition is found in many articles, and its presence in the case does not portend anything good. To determine what punishment is provided for a crime in which there is a dimensionality of objects, it is necessary to answer the question of whether a particularly large size is how much. The answer to it depends on which article is being considered.
As a rule, this term is used in legal practice. In ordinary life, people do not say that. Determining the size of the object of crime allows you to assign the appropriate punishment. Therefore, there are strict distinctions in the law: significant size, large size and especially large size.
Fraud
The Criminal Code has several categories of crimes which involve theft. Only the conditions under which this act was committed differ.
Theft of property of the victim, if deception was carried out or the owner trusted the criminal too much, is qualified as criminal activity only if it is proved that the actions were intentional, that is, the person who committed this was intent. If evidence, as they say, is available, the Criminal Code of the Russian Federation considers a crime under article 159 - fraud.
The punishment for violation of this law is imposed on the basis of the size of the stolen property, which can be: ordinary (in the Criminal Code - significant), large (one and a half million rubles and more) and especially large (six million rubles and more).
Amendments to Article 159
In addition, significant additions were made to the article in 2015, which make it possible to distinguish fraud in different areas of life:
- Lending.
- Insurance.
- Receiving Payments.
- Computer information.
- Plastic payment cards.
- Entrepreneurial activity.
The larger the notional amount, the more difficult the punishment. The most dangerous, from a social point of view, fraud on a particularly large scale (in any field) committed by an organized group. The law punishes such a crime in the form of a fine of up to 500 thousand rubles and a real term in a colony of up to 10 years.
Theft
Theft is the theft of property owned by another person through the commission of secret unlawful acts against the owner of the property. The punishment for this crime is provided. Section 158 (theft). It should also distinguish between the size of the stolen property, the types of theft and the categories of persons who have violated the law to determine the type of punishment. Amount of criminal activity in monetary terms: large - 250 thousand rubles. and above, especially large - 1 million rubles. and more than that.
The most severe punishment exists for an organized group that has committed a crime such as theft on an especially large scale - a fine of up to 1 million rubles and up to 10 years in prison.
In the administrative code there is also the concept of theft, but in small amounts - up to one thousand rubles. A similar violation of the law is provided for in article 7.27.
Robbery
Robbery is the theft of property that belongs to the victim in an open way with the use of violence that is not harmful to health. Since a crime of this type closely borders on theft and robbery, it is important to clearly distinguish between them. If theft is a crime directed only at the property, it does not affect the health and life of the owner of the property, then robbery implies slightly different actions.
During the robbery, threats, tying, leaving indoors, etc., are possible, that is, there are actions that do not threaten health, but can negatively affect it. Such effects include abrasions, scratches, bruises, or mild depression. The specified condition can be qualified as minor harm to health.
AT article 161 The Criminal Code of the Russian Federation clearly defines the amount of stolen property in monetary terms: large size - not less than 250 thousand, especially large size - more than 1 million rubles. For the theft of property worth more than 1 million rubles, which is committed by an organized group, a punishment follows - a real period of up to 12 years.
Robbery
This is the theft of property of the victim with the use of violence, which causes (or may cause) harm to health. Such actions include, for example, keeping the victim under water, asphyxiation, etc. A mandatory sign of robbery is the presence of weapons, or objects similar to weapons, or the possibility of using them as such.
During the commission of a crime there may be threats of its use. A characteristic factor that defines such a crime as robbery is not the theft of property itself, but an attack with the aim of theft. The particularly large size of the Criminal Code of the Russian Federation denotes in the form of an amount over 1 million rubles. Convicted by article 162 serving a sentence of at least 15 years in strict or special regime colonies (relapse).
Narcotic substances
Drug trafficking is punishable by law. This includes drugs that have a psychotropic and intoxicating effect, as well as any derivatives from them. When withdrawing funds that are absolutely prohibited for use, production and storage, any amount will be considered large.
The list of narcotic and similar substances contains more than 60 items, each of which has its own limit. According to this list and article 228, a particularly large size is the amount of a prohibited product that can legally be held by persons over 0.0001 grams. These drugs include:
- bromoamphetamine;
- DOET (dimethoxyethyl amphetamine);
- LSD and LSD-25;
- desomorphine and others.
As a rule, for other narcotic drugs, a large size is considered if the amount of the detected substance is more than 1 gram.
Crime size
In addition to the above articles, there are others in the Criminal Code. But these are the most common. There are positions on the dimension of such crimes as a particularly large size of a bribe, theft of valuable objects and other provisions of the code.
The dimension of the crime is estimated by experts and is subject to qualification, since determining the amount “by eye” is unacceptable. As for the border amounts, the court considers cases based on related factors - aggravating or mitigating circumstances.
Reason for amendment
Since amendments to Article 159 were introduced this year, it is necessary to consider the prerequisites and consequences of these innovations.
The main reason for the amendments was the practice of initiating criminal cases without statements by the victim. Police actions in this direction became so unlawful that the government decided to limit certain duties. Now, cases of any type of criminal activity, especially if fraud is committed on a particularly large scale, will not be opened without a victim’s statement, even if the crime is obvious.
Previous practice was not selective, and cases were fabricated at the request of third parties or even law enforcement officials. True, criminal punishment is also provided for this, regardless of the fabricated case. In the Criminal Code of the Russian Federation, articles 299 to 303 can be taken as a basis - responsibility for the illegal attraction, release and falsification.
Many victims, before contacting the police, doubt whether it is worth doing, since the dimension may not correspond to the alleged punishment. In this case, the natural question arises as to whether the large and especially large size is how much. Perhaps the answer to this question depends on whether a person declares fraud or not.
With regard to the areas of crime, here the government identifies several categories, which were mentioned earlier. The new law has increased the dimension of the crime that is punished. If earlier the sum of 250 thousand was considered a large amount of fraud, and the particularly large size of 159 articles was 1 million rubles, now significant numbers have changed (1.5 million and 6 million rubles, respectively).
Death of the victim under article 159
Often there are cases when other, no less serious crimes are committed to conceal the crime under Article 159. This may be an act of Article 105 of the Criminal Code RF part 2 clause “k”: murder committed for the sole purpose of concealing the fact of fraud.
In this case, if the victim (corpse) was the person in respect of whom the fraud was committed, the question arises of who will file the application. Indeed, according to the new rules, only the victim can declare. In such situations, a relative may be recognized as a victim. And it already depends on him whether the perpetrators of criminal acts will be convicted only under article 105, or under all articles, including art. 159. The especially large size of the crime or other parameters are not relevant here.
Statistics
Regarding the judicial practice of past years on fraud, it is worth noting that more than 120 thousand entrepreneurs were convicted in the country in 2011, and this is one in six businessmen. According to Medvedev, this is a disaster. The fact is that under the article in the previous edition, really fraudsters in the field of entrepreneurship and those who did not have the intent to take possession of property or money of third parties could be brought to justice. Gaps in the legislation were used by incompetent employees of the Ministry of Internal Affairs and other persons working on “custom” cases.
Special Marks
It is obvious that with the adoption of the new law, the corruption component will be practically destroyed. In addition, fraud will be considered not only the theft of property, but also an act that entailed the deprivation of the victims of property rights to real estate. Investigators should determine the damage to the homeowner. In this case, the question also arises as to whether a particularly large size is how much. In respect of premises, the same rules apply as for other types of criminal activity in terms of property theft.
Amendment Features
The amendments to article 159, there are some features. It is clear that the division of fraud into types was carried out in relation to entrepreneurs and criminals who violated the law “for the most part”. The previously indicated amounts of 250 thousand for respectable businessmen were rather insignificant than significant, and the punishment was quite tangible. Therefore, in order to bring compliance, embezzlement on a particularly large scale and large scale in the current version of the law is recognized as a crime for amounts several times higher.
The only exception is Articles 159 and 159.2, in which the amount for which the theft was committed remained the same. Article 159.2 deals with the crime of receiving a variety of payments, compensations, subsidies and other state benefits. Concealment of important information when making social payments or the provision of incorrect data (as part of a crime) must be proved in terms of intent.
Thus, the dimension of the crime in sentencing is important. The number of perpetrators of the crime is also taken into account.The decisive moment in the consideration of cases of fraud is the established especially large amount - this is how much money (or the quantitative expression of the stolen property) goes through the case.
Fraud, divided into categories in this law, provides for different sentences. In relation to especially large amounts of the crime, articles 159.1-159.3, 159.5 and 159.6 are assigned to imprisonment - for a maximum of 10 years. In article 159.4, this period may not exceed 5 years.
