In the Criminal Code there are such things as a large, significant and very large size of the damage caused to the victim.They are used in various articles, for example, 159 - "Fraud", 158 - "Stealing" and so on. D. The following is try to figure out, especially large amounts - is how much and how it is defined.But first, let's see what actions fall within the one hundred fifty-nine articles.
What is fraud?
Fraud - is a common form of theft of property, and the acquisition of the rights to it:
- abuse of trust by the injured person.
in turn cheating as a way of illegal acquisition of property rights of foreign persons is divided into two varieties:
- activity. This form can talk when the perpetrator intentionally misleading the owner by providing the latest false information.In this case, the victim may be represented, for example, forged documents or against him to perform other actions aimed at misleading.This species of fraud, as well as to that which will be discussed below,quite often, the definitions contained the phrase "a large scale".The Criminal Code provides for the offense of an appropriate punishment in the form of heavy fines and imprisonment for a sufficiently long period of time.
- Passive. In this case, the offender simply did not bring to the attention of the victim information, which is legally bound to report.
All such actions fall under article 159 of the RF KU.
Typical methods of deception typical fraud
- Cheating intentions. Getting paid for work performed that the offender is certainly not going to.
- deception in the face. extradition of criminals themselves for a person who is entitled to any property.
- Cheating in the subject. Changing the appearance of an object or issue one subject after another.
- Cheating in the circumstances. Providing false documents.
especially large amounts - is how much?
In case of fraud in large-scale provision for such punishment as imprisonment for a term not exceeding ten years.In addition, the person who committed the crime will have to pay a fine of 1 million rubles.The amount can be calculated based on the size and salaries of those responsible (for up to three years of work).The judge may decide to restrict the freedom of the defendant for a period of up to two years.
So, especially large amounts - is how much?Any fraudulent activity gets injured party both moral and material damage.Thus, a particularly large size can be defined in monetary terms.Today, recognized as such damage exceeds the sum of 1 million rubles.
main types of fraud
fraud on a large scale, in the same way as usual, can be divided into several types.The main concern:
- Property form.
- various forms of alternative healing.
- Pseudoscientific educational services, all sorts of psycho and so on. D.
Recently become very common species such as the telephone and Internet fraud, and fraud with apartments and lending.
Internet fraud.The most popular methods of fraud
There are several ways to mislead unsuspecting Internet users for the purpose of taking possession of their property or money:
- Offer high-paying jobs, which can perform at home.
- incomplete receipt purchased from the online store of goods.
- selling nonexistent lot.
- incomplete delivery of computer software.
Fraud with flats
The question of especially large amounts - is how much more relevant in an area such as fraud with apartments.Indeed, in this case we are talking about very large sums of money.
There are some basic schemes of fraud related to housing:
- Sale apartment or house without the consent of the owner.
- sale of the same object to several persons.
- sale of property of incapacitated citizens.
In all these cases the buyer to the seller for the money, but the home is not receiving or has received, but for a very short period of time as the court at the same time recognizes the sale and purchase agreement null and void.
fraud in lending
In this area, as there are some basic schemes of fraud:
- Using someone else's passport.Employees of the bank in this case, presented the stolen, lost or fraudulently obtained document.In most cases, the passport is attached to this still a fake certificate of income.
- Obtaining cash through frontman.The bank thus comes to omit a person without a permanent source of income, which is provided with fraudsters fake 2-PIT.
In the latter case frontman virtually no risk.The fact that the Criminal Code is not an offense to punish the bank for providing false information about his financial situation.
theft on a large scale
Of course, the term "large scale" applies not only to the fraud, but also to the crime of theft.Upon commission of such illegal actions fail to get criminal case.
theft on a large scale, as well as conventional, falls under Article 158 of the Criminal Code.This case is considered under Section 4, paragraph "b".As in the case of fraud, especially large scale in terms of money is worth in excess of 1 million rubles.
crimes related to narcotics
term "large scale" is often used in criminal practice in a field related to drug trafficking.For their storage, distribution, manufacturing, processing, and so on. D. Provides criminal penalties.All these crimes fall under Article 228. "large scale" - a concept which in this case shall be approved by the Russian Government.At the moment it is more than one kilogram of drugs.
So we'll have found that an especially large scale in monetary terms as under Article 159 and Article 158 - a sum exceeding 1 million rubles.As regards fraud, the most serious offenses in terms of the amount of damage committed in lending, as well as housing.