In the article, we will consider how much they give for fraud. This is one of the most common crimes of this century. This violation of rights affects thousands of citizens every year. Judicial statistics show that in the country more than 25,000 convictions are issued annually for committing fraudulent acts. Many people wonder how much they give for fraud.
Definition of fraud
The Criminal Code of the Russian Federation interprets fraud as an act that is aimed at the theft of things of value, or the right to these things through abuse of trust or deception. The owner at the same time transfers them independently, without suggesting fraud.
That is, fraud is a special form of theft of property. At present, crimes of this kind are becoming increasingly sophisticated and widespread.
Thanks to modern technology, criminals have a huge number of ways to commit fraudulent actions. They carry them out at banks, insurance organizations, and other authorities. People are deceived both through personal contact and remotely using the Internet.
There are two forms of fraud:
- Abuse of trust to steal property and money. Confidence can be determined by official position, acquaintance, family ties.
- Cheating. A fraudster misleads a person through lies and takes possession of the property that belongs to him (for example, by falsifying documents).
How many years give for fraud, we will tell below.
Corpus delicti
Responsibility for fraud is established by article 159 of the Criminal Code. The crime is determined by four indicators:
- The subject of a crime is a capable person whose age is more than 16 years.
- The object of the crime is public relations in the service sector.
- The subjective side - the fraudster is involved in the injured person, there is a fact of causing damage and its size.
- The objective side is confirmation of the fact of appropriation of property.
Judicial authorities sentenced a fraudster based on the absence or presence of each of these criteria. All circumstances of the case are taken into account - aggravating and mitigating.
For this crime, the statute of limitations is 10 years. How much is given under the article "Fraud", we will tell further, we will mention all the nuances.
Basic fraud schemes
Typically, scammers use the most common fraudulent schemes to deceive unsuspecting citizens:
- Using fake Internet portals to collect information about plastic cards. The scheme is as follows: a person receives a letter in the mail containing information that his account may be blocked, and he should urgently visit the bank's portal to prevent blocking. The letter also contains a link to the bank’s website, which actually turns out to be fraudulent.
- Fundraising for charity. Fraudsters copy a photo and data about a sick person from an official charity site, and then post it on a fake resource. The card number or electronic wallet of the fraudster is also indicated there.
- The financial pyramids. In this case, the fraudster offers to deposit a certain amount of money in order to earn several times more after a while. But in fact, the victim not only does not earn, but does not even get his money back.One of the very first and most famous is the MMM pyramid.
- Telephone Prank. A fraudster calls a person and introduces himself as a relative, and then emotionally reports the misfortune and urgent need for money. A gullible person transfers money through a fake person or transfers it to the fraudster's account.
- Internet fraud. A fraudster creates a one-day store in which goods are sold at an attractive cost, convenient delivery is offered, but prepayment is mandatory. But the buyer, after having made the advance payment, does not receive his goods. Also, the Internet is full of offers to play in casinos, in which, in order to withdraw won funds, it is proposed to replenish your account by a certain amount. After transferring money, he does not receive a win.
- Sects. As a rule, experienced psychologists conduct fraudulent activities in sects, which are sometimes able to force a new adherent to officially transfer all his property to the sect.
- Healing, divination. Sometimes people are willing to spend large sums to get the services of healers and psychics. But the effect of the activities of imaginary psychics is usually zero.
How much give for fraud?
Fraud is a felony. It is regulated by article 159 contained in the Criminal Code and its comments (parts).
The new edition of this article consists of seven parts (before there were only 4). The parts differ from each other in the presence of various aggravating circumstances. They can be:
- The presence of hazardous effects.
- Malpractice.
- Preliminary conspiracy.
- The number of partners.
- The amount of damage that was caused as a result of fraud. May be large or special large.
What article and how much give for small fraud?
Punishment for petty fraud
Also, fraud can be minor. An act is classified as such if damage has occurred as a result of it, the value of which does not exceed 1.5 million rubles. How much they give for credit fraud is an urgent question as never before.
The punishment under article 159 depends on certain factors:
- Primary, secondary criminal liability.
- The presence of extenuating circumstances or their absence.
In accordance with Article 159.1, the following types of punishment are provided:
- A fine of up to 500 thousand rubles.
- Work of a mandatory nature up to 480 hours.
- Correctional work up to 2 years.
- Restriction of liberty up to 1 year.
- Forced labor and arrest up to 5 years.
- Arrest up to 5 years and restriction up to 1 year.
The same article regulates the penalty for credit fraud.
Punishment for major fraud
How much does large-scale fraud give? In accordance with Article 159.2, for the fraudulent acts committed by a group of persons as a result of which a major damage occurred, the following punishment is provided:
- A fine of up to 300 thousand rubles.
- A fine equal to the salary or other income of the culprit for 2 years.
- Work of a mandatory nature for a period of up to 480 hours.
- Correctional work for up to 2 years.
- Compulsory work for up to 5 years.
- Arrest for up to 5 years.
Punishment for fraudulent online activities
Punishment for fraudulent acts committed using electronic payment methods is provided for in article 159.3:
- A fine of up to 120 thousand rubles, or the size of the perpetrator’s earnings for 1 year.
- Work of a mandatory nature for up to 360 hours.
- Correctional work for up to 1 year.
- Restriction of liberty up to 2 years.
- Compulsory work for up to 2 years.
- Arrest up to 3 years.
Article 159.3 also provides for the punishment of fraudulent acts that were committed using an official position, resulting in major damage.
How much give for fraud? The term depends on many factors.
Punishment for especially large fraud
Acts committed by a group of persons are punished in accordance with Art. 159.4. Major acts are considered fraud, as a result of which damage was caused in the amount of more than 1 million rubles, or if as a result a citizen lost his right to housing.
As a preventive measure, the arrest of members of a criminal group for various periods is used. Maximum - 10 years. At the same time, a fine of up to 1 million rubles, or up to three years of income, is imposed on fraudsters.
Parts 5 and 7 regulate the punishment for fraudulent acts committed in the field of business, that is, committed in the course of the activity of an LLC or individual entrepreneur. Part 6 regulates the punishment for fraudulent acts that were applied to a person and entailed major damage. Now you know what falls under the definition, as well as how much they give for fraud.