Different offenses by judges are interpreted differently. The criminal process is not an exception, in which theft, robbery, fraud and embezzlement have their own definitions, but sometimes they are regarded in two ways.
Term theft
The word theft means theft, carried out secretly and intentionally, in violation of the requirements of the law. The main difference between theft and fraud is that the first offense is carried out secretly. In cases where the owner of the thing is unknown or lost, it is a matter of arbitrariness or the fact of misappropriation.
Robbery also differs from theft in that it is an open form of theft of another's property. The offender understands or assumes that his actions are being monitored, possibly by the owner or a third party.
In the context of the criminal code, punishment for theft occurs only if damage is exceeded, exceeding 2.5 thousand rubles. If it is a robbery, the value of the stolen property does not matter.
Assignment and waste
There are many differences between theft and fraud, misappropriation and embezzlement. The fact of the appropriation can be confirmed only if the property was entrusted to the kidnapper. The act implies the presence of self-interest.
Rastrata is also a similar offense, but in addition to intent, it implies self-interest and waste of property, for example, transfer to third parties, consumption or expenditure.
The main condition for the appropriation and embezzlement is that the property of the offender is entrusted to its rightful owner. For example, during a theft, property illegally falls into the hands of a thief, and when embezzled, misappropriated, the owner voluntarily transfers it to the hands of the criminal.
Fraud
The main difference between theft and fraud is that the last crime occurs against the background of a breach of trust or by fraud. In such situations, the legal owner of the property voluntarily and deliberately "parted" with it by transferring it to the fraudster.
Types of Fraud
By the type of messages, written and oral fraudulent fraud is distinguished.
The actions distinguish:
- falsification;
- cheating tricks in games;
- substitution of documents or monetary units;
- mobile cheating;
- weighing and stuff.
If we are talking about abuse, then in this case we are not talking about fraud, the offender uses psychological techniques.
"Portrait" of a fraudster
The methods used by scammers are not acceptable for ordinary theft. A fraudster misleads his “victim”, can use the bait, for example, offers more favorable conditions under the contract or underestimates the cost of the products offered. The offender presents information to the victim only that which is beneficial to him.
Often scammers try to call the victim for emotions, make him worry and even afraid. For example, one of the last mobile frauds when they call parents or close friends and claim that their child or other family member has got into the police and demand a ransom for his release. That is, an imaginary type of threat is created.
Fraudsters can promise a lot, they never argue with the victim.
And a purely psychological moment, unlike an ordinary thief, fraudsters are always well-dressed, they speak beautifully, can impress and often master the techniques of psychological influence. As a rule, it takes a lot of time to prepare for fraud, especially when it comes to a large “jackpot”.
The main differences in crimes
The difference between theft and fraud is determined by the method of implementation.Theft is necessarily a secret act. And to the means of taking possession of property can also be attributed fraudulent acts and abuse of trust, for example, marriage speculators.
If we talk about fraud, the degree of fraud of abuse is very important.
The next difference between theft and fraud is that the offender has the right to property. Theft does not imply the existence of any rights (use, possession) to the property. With fraud, the offender receives certain powers to dispose of the property. The simplest example is the creation of a joint venture with foreign participation. Both parties form the authorized capital, then the foreign partner requests funds from our businessman for the purchase of materials or goods. After receiving them disappear.
Another difference between fraud and theft with elements of fraud is that the victim does not know about the seizure of property during the theft. If we talk about the fact of fraud, the injured party either voluntarily transfers the property, or knows about the fact of seizure. When interpreting unlawful acts, the degree of participation in the crime of the victim himself is very important. With fraud, the deceived person does not notice a crime, fraud or any abuse, it seems to him that everything that happens is within the framework of the current legislation.
In terms of punishability, the difference between theft and fraud in criminal law is at the age of the offender. In fraudulent activities, persons who are 16 years old are liable. They can be punished for theft from the age of 14.
Both crimes have many similar features, therefore, in litigation there are many difficulties in their qualification.