In Art. 159 h. 1 of the Criminal Code of the Russian Federation, the concept of fraud is explained. It is considered as theft or acquisition of legal rights to property that belongs to another person. This crime can be committed through abuse of the victim's trust or deception. Consider this action in more detail, as well as the punishments that are established for him.
Thing
Stipulated in Criminal Code of the Russian Federation 159 Art. covers encroachments on property and property rights. The latter are the individual powers of the rightful owner. These include, for example, the right to use an immovable property, power of attorney to receive material assets, other legal possibilities that are certified by securities.
Qualifying composition
In Art. 159, part 2 of the Criminal Code of the Russian Federation formulated the types of punishment for an act committed with causing damage to the victim of significant damage or by persons who previously agreed on a crime. For this they threaten the guilty:
- Forced work up to 5 liters.
- Cash recovery. It can equal the sum of up to 300 t. or earnings (income) of the entity for a period of up to 2 liters.
- Mandatory work up to 480 hours.
- Imprisonment up to 5 liters.
- Correctional work up to 2 liters.
When assigning the first or fourth punishment of Art. 159 h. 2 of the Criminal Code allows further restriction of the freedom of the perpetrator to 1 g.
Aggravating circumstances
Present in the Criminal Code of the Russian Federation 159 Art. a penalty has been established for fraud committed by a special entity. It acts executive. Part three also establishes liability for the crime on a large scale. For these acts, the perpetrators may be charged with:
- Fine from 100 to 500 t. or equal to the convict’s earnings / income for 1-3 g.
- Forced labor up to 5 l. Additionally, the court has the right to limit the freedom of the perpetrator for a period of up to 24 months.
- Up to 6 years in prison. Additionally, Part 3 of Art. 159 of the Criminal Code of the Russian Federation allows for the imposition of restrictions on the freedom of an attacker for 1.5 g, as well as a fine of up to 80 thousand rubles. or equal to income / earnings for six months.
The last part of the article establishes the most stringent measure of responsibility. Art. 159, part 4 of the Criminal Code of the Russian Federation provides for imprisonment of up to 10 liters. Additionally, the freedom of the perpetrator may be limited to 2 years, and he may also be charged with a fine of up to 1 million rubles. or equal to income / earnings for a period of up to 3 liters. The signs, in the presence of which part four of Art. 159 of the Criminal Code:
- Extra large size.
- Committing an act by an organized group.
- The crime resulted in the deprivation of the rights of a citizen to a residential property.
Subjects
A citizen who has reached 16 years of age may be held liable for the general composition. Apply the punishment under paragraph 1 of Part 3 of Art. 159 of the Criminal Code can only be an official. The subjective side of the act involves the presence of direct intent. The offender realizes that by his actions he misleads another citizen or, deliberately for himself, uses his trust in order to obtain or seize the property of the victim. The attacker understands the negative consequences for the citizen and wants them to come. As a sign of the subjective side of the act acts selfish purpose.
Cheating
It is one of the ways to commit an act falling under the Criminal Code of the Russian Federation. 159 Art. applies when the victim himself transfers his own property to the attacker, thinking that he has the right to receive it. Deceit of a fraudster may be expressed in a false statement, providing information that does not correspond to the actual state of affairs.It is also considered to be deliberate failure to notify of facts, notification of which is mandatory. Deception may relate to events of the future, present or past.
In some cases, it is connected with the real intentions of the fraudster. For example, an attacker lends a thing, knowingly not wanting to return it later. Deception may relate directly to the subject itself, its quality, price, quantity. In some situations, it concerns the identity of the attacker, his position, profession, social status. The content of fraud can also be formed by other circumstances, which do not serve as a direct basis for the transfer of material values, but are taken into account by the victims in the process of their transfer. 
Trust abuse
It, like deception, can be expressed in various forms. For example, the perpetrator, on the basis of established trusting relationships with the victim, assumes responsibility for the performance of any obligations. However, having received a reward, does not fulfill them. In this case, the offender deliberately misleads the victim in advance. Such an attacker’s actions are closely related to fraud. The offender resorts to trusting relationships established between him and the owner of material assets or provides false information in order to gain the trust of a citizen.
Important point
Regardless of the form in which the abuse of the victim’s confidence or deception is expressed, their essence is that the offender, by default and assurances, misleads the citizen. He convinces the victim of the profitability and correctness of the decision to transfer the property or rights to him to the perpetrator. In case of fraud, in any case, the transfer of material assets in favor of the criminal is carried out by the will of the owner.
Qualifying Comments
It should be noted that they are present in many articles of the Criminal Code of the Russian Federation. 159 Art. in the second part, he calls the commission of an act by persons who have previously agreed on a crime as one of the qualifying attributes. Attackers discuss the course of the action, prepare for it together, and together implement the plan. Another sign is the infliction of substantial harm to a citizen. The importance of the damage is indicated by the importance of the consequences for both the victim and his family. Part three establishes liability for persons who have committed fraud using their official status, or on a large scale. By entities that have used their official powers, it should be understood as citizens with the characteristics established in paragraph 1 of the notes to article 285.
To liability, in addition, under Art. 159, part 3, municipal or state employees who do not act as officials may be involved. Punishment may also be imposed on entities that meet the requirements of paragraph 1 of the notes to article 201. The latter, for example, include citizens who use their official powers for embezzlement, which provide for administrative, administrative or administrative duties in a commercial structure. In part 4 of Art. 159 of the Criminal Code of the Russian Federation establishes punishment for fraudulent acts committed by an organized group. It is an association of several persons created to commit a crime.
Such a group is distinguished by the presence of an organizer, a stable membership, the distribution of roles between them both in the preparation process and in the implementation of intentions. In Art. 159, part 4 of the Criminal Code of the Russian Federation also provides for punishment for an act that entailed the deprivation of the owner of rights to a residential property. Establishing responsibility for the indicated act, the legislator proceeds from an increased degree of danger of the fact that victims lose their right to housing.In this case, qualification is not affected by the nature of the fraudster’s actions, their sequence, the degree of organization of the perpetrators, or even the real price of the object lost by the owner.
Art. 159.2 of the Criminal Code
This article establishes liability for fraudulent activities when receiving payments. This act is considered a qualifying crime. Its implementation is possible in the field of various payments. These may be subsidies, compensations, allowances and other forms of material assistance established by law and other regulatory documents. The disposition of the article is blanket in nature. This means that it is applied after the establishment and analysis of a specific legal framework through which the relations of the parties are regulated when establishing the subject's right to certain payments and their subsequent receipt. In this case, the form of the objective part of the crime is strictly limited. It is expressed in the provision of false or false data, the omission of the facts, as a result of which the payment ceases. An illegal act is considered completed from the moment the attacker receives the amounts specified in the relevant legislative and other regulatory documents, as well as the right to dispose of them.
Art. 159.3 of the Criminal Code
This rule establishes a penalty for fraudulent activities with payment cards. They can be committed within the framework of commodity-money circulation using a special means of calculation. A bank payment card is a medium that is tied to one or more accounts in a financial institution and is used when paying for services and goods, including via the Internet, and for cash withdrawal. Cash held by the holder. The Bank is not entitled to prohibit their use or to delay their issuance, except by a court decision. Under the terms of an agreement with a client, a financial institution can write off a certain commission. The application of the criminal norm should be preceded by the establishment and analysis of the regulatory framework that governs relations in the field of card use. The area of unlawful use of these means of payment is the direction of special knowledge. In this regard, an appropriate technical examination should be carried out before indictment. 
Objective part
Her form, according to Art. 159.3, limited by the legislator. Responsibility is provided for the theft committed with the use of a fake payment, credit card or other payment card belonging to another entity, by deceiving an authorized employee of a trading, financial or other company. The act will be completed from the moment of acquisition of legal rights to dispose of goods or money, as well as receipt of the property itself. Fraud in the field of credit covers art. 159.1 of the Criminal Code.
Victim characteristics
The success of fraudulent actions is impossible without the involuntary participation of the property owner in them. In people, there are qualities, weaknesses, or traits that are conducive to attackers. First of all, this is excessive curiosity and credulity, excitement and imprudent dedication. The qualities that help fraudsters include the increased suggestibility of the victim, ignorance, naivety, ignorance and others. The initiative, however, undoubtedly belongs to the criminals.
The identity of the attackers
Typical features of fraudsters are cynicism, deceit, heartlessness, treachery and cruelty. They are distinguished by increased awareness, their actions are very sophisticated, brought to the highest professional level. Fraudsters are always ready for non-standard and unexpected turns, they have a developed psycho-emotional sphere, certain acting skills. 
Fraud Specifics
In the process of committing a crime, to some extent, the interaction of two psychologies is established - the offender and his victim. When they come into contact, in fact, the crime begins. In this regard, fraud should primarily be considered as psychological pressure. And only then it is necessary to investigate the technique of crime. Along with this, the specifics of the act also depend on the place where it occurs, the goal, the content of the actions of the attacker. Each case of fraud is peculiar and unique. This, among other things, is its high degree of danger to society as a whole and to each victim or potential victim in particular. Often the actions of criminals are unpredictable and defy logical explanations. This creates certain difficulties in understanding motives, investigating circumstances, qualifying an act, exposing attackers and combating them.
