When during the investigation the authorized persons receive information, then they carry out further actions taking into account it. That is why it is so important that all such information is true and true. However, in practice, it often turns out to be a delusion, which is why in order to prevent people from giving initially false information to the Criminal Code, an article was introduced on intentional misrepresentation. It is about her that will be discussed in this article, as well as about its use in judicial practice.
What is delusion?
Before proceeding directly to the analysis of the article of the Criminal Code of the Russian Federation on misleading, it is necessary to understand what exactly is meant by philosophers and lawmakers. It is standardly accepted in this term to lay the meaning of the fact that a person takes any information for real, but in reality it does not correspond to the existing reality. That is why very often the words "delusion" and "false" are considered by many as synonyms.
Philosophical point of view
More clear features were drawn by philosophers who for centuries have tried to understand the meaning of this concept. Particular attention is paid to this in the writings of Immanuel Kant and Friedrich Nietzsche.
- Kant believed that even a small untruth can cause irreparable harm to a person, humiliate his dignity and undermine the authority of the individual.
- Nietzsche held the opposite opinion, believing that the world cannot exist without lies at all, since it was originally embedded in people. All errors are initially the result of assumptions from a moral point of view. He believed that even all existing science is initially a delusion, since the whole world is one complete lie, and therefore nothing can be true.
Legal point of view
Lawyers are far more strict in terms of error than philosophers. That is why there is an article in the Criminal Code on misrepresentation, since they believe that a person initially cannot invent or imagine a misconception. They more equate the meaning of the concepts of “error” and “false”, because they do not view it through the prism of science, when the final truth is born from a dispute.
However, it should be understood from the outset that delusion is often not at all something completely unacceptable in ordinary life, since it can ultimately lead to the discovery of truth. But at the same time, lawyers also adhere to the rule that deliberately misleading another person is unlawful, since such statements are initially false and the truth will still be revealed.
The concept of "misrepresentation"
Before you understand what the article on misrepresentation actually is, it is necessary to understand what exactly the legislator means by this concept from a legal point of view. By default, this happens in the service sector, and crimes committed in this way are not particularly serious, and therefore a simple fine acts as a regular punishment. To understand it in more detail, one should dwell on its particularly well-known forms that can be found in ordinary life.
Highlights
At the moment there is a huge list of what may fall under the misleading article. The main points that everyone should know are:
- The calculation is considered a criminal attempt to mislead. Perhaps every person in the world at least once faced the fact that he received the wrong change.However, to prove such a crime is difficult enough, because proof is required that the seller did it with the intention, and not simply accidentally miscalculated.
- The body kit is also considered one of the forms of misleading, since a person is forced to pay a large amount simply for nothing.
- Wrong characterization of a product or service that is sold to a buyer - a product is initially credited with qualities that do not exist.
- Change or concealment of the price of goods, as well as sale at a price that does not coincide with the one that was originally indicated on the price tag.
However, it should be taken into account that it is rather difficult to apply the article on misrepresentation, because it is necessary to prove that the seller acted intentionally taking into account his own intent.
Misleading Police
However, not only sellers can cause the use of this article. There is a special article in the Criminal Code of the Russian Federation on misleading the investigation. Anything that may fall under the concept of deliberate misrepresentation of police officers in the conduct of their investigation, which may prevent them from solving the crime, may fall under the influence of this article. Moreover, often for such an act you can get a very significant punishment, especially if the offense is large enough. Usually, for especially serious crimes you can get up to 5 years in prison. If it is small, then it is easy to do with a fine of about 80 thousand rubles.
Everything will be aggravated if the provisions of the article on misleading the court are applied.
Punishment
Misrepresentation is a recognized offense, the punishment of which is prescribed in criminal law. However, the punishment itself will directly depend on how powerful the deception was. For a body kit, the seller is punished with a fine of no more than three and a half thousand, but if it was recognized that it falls under the article on misrepresentation by an official, the punishment will be much more severe - a fine of 30 thousand rubles.
Affected Party Actions
If a fact of fraud is discovered, then you should carefully study the article on misrepresentation in order to be able to use your own rights to restore justice and punish the deceived party. In order to recover damage or bring to justice, you should adhere to the following algorithm of actions:
- Write an application for the return of funds spent on the goods.
- Write a complaint to the existing complaints and suggestions book. It should be in every organization and provided to the client upon request.
- Complain directly to the director of the enterprise and provide him with claims regarding the goods.
- Make a complaint to the consumer protection society.
- Claim a lawsuit to recover funds.
Before directly starting to complain about a person, it is necessary to determine who is guilty in this situation, and also to prove whether the fraud was originally intentional.
Proof of
A misleading article can be applied only in cases where there is evidence of intentional fraud. For a defective product sold, it is usually enough to provide a simple check for proof. Typically, store managers simply prefer not to make a scandal outside the enterprise, and therefore the buyer will either be replaced with a high-quality product, or they will simply return the money, depending on the situation.
If the store administration does not want to solve the problem peacefully, then the buyer can go to court. Standard in this situation, the law defends the rights of the consumer, therefore, makes a decision in favor of the plaintiff. However, it is best to do this in cases where contacting other organizations could not bring noticeable results. In court, such materials are considered in accelerated form, so usually a decision is made after 10 days.If there is no evidence of misleading, then the court considers the situation from all sides and interrogates the available witnesses.
Amendments
In recent years, several attempts have been made to toughen the punishment for misleading buyers under the Criminal Code of the Russian Federation. So now for what was not previously punishable, they are punishing more severely. Earlier, a buyer’s calculation of a small amount would not have led to punishment, but now an unscrupulous seller will be forced to pay the full price of the goods as a fine. However, to prove this, it is necessary to present really serious data, otherwise it is simply impossible to prove guilt. It is best to go to the head of the organization in such situations, who will help, because otherwise the reputation of the enterprise may suffer.
But if nothing was achieved in this way, it is best to contact a lawyer before going to court directly so that he helps to properly execute all the necessary documents and draw up a lawsuit.
Conclusion
Although the misleading article can be applied not only in the case of defrauded customers, but also in a number of other situations, it is usually found in cases of scammers and scammers. To prove the presence of intentional fraud, one should have strong evidence of criminal activity, since in all other situations the offender can slip away. You should always remember that deception must be punishable, so if a person has been misled, then you should contact the necessary authorities without hiding the deception. Quite often, everything can be decided right in the store, and not go to court. It is important to understand that you need to act in all situations according to conscience and law.
