article "Fraud" of the Criminal Code contains a type of theft that is unlike any other special feature - a method.What is the crime and how to distinguish it from similar compositions provided by law?This will describe in this article.
article "Fraud" of the Criminal Code: the characteristic
object of this crime recognized property relations.After all, it always causes damage to property of others.The article "Fraud" of the Criminal Code provides for action - theft of property or purchase it right.This is a mandatory feature of the way: fraud or breach of trust.Now characterize them.Under the deception can be understood as a message of false information on certain circumstances or their concealment, silence about them.Breach of confidence - is the use of special, friendly, respectful relations between the victim and the perpetrator.The article "Fraud" of the Criminal Code is special by the fact that as a result of the deceived people voluntarily and independently transfers certain property or the right to it guilty.Another essential feature is the self-serving purpose.The offender will inevitably covets the property benefits from the act, which commits.Wines with this action is always intentional, and intent - direct.In addition, the article "Fraud" of the Criminal Code contains a further 3 parts, which provides qualifying signs.These legislator a crime of collusion by several people, the extent of the damage, the use of official position, as well as deprivation of the right to housing of the victim.
Fraud: special formulations
In fact, in the criminal law, there is not one rule on this crime, and article 159 "Fraud" of the Criminal Code of the Russian Federation - is not the only one.In addition to her having a general composition of fraud, there are still a number of legal regulations, which are of a specialized nature.These include 6 of the said law.They are responsible for fraud are ranked according to the sphere in which it was committed.So, if the offense was committed with the use of payment cards, the perpetrator will be punished under article 159.3, rather than 159 or two at once.
Fraud: delimitation of adjacent compositions
Compounds theft-in-law a lot, and it is important to be able to distinguish between them, so that the person was prosecuted just for his crime, not otherwise wrongful act.Take, for example, theft, which is dedicated to the article 158 of the Criminal Code.Fraud is different from the way that a wrongful act was committed.If the theft of theft committed in secret and directly by the guilty, when we are considering the victim act under the influence of delusions to part with the property voluntarily.But they have the same object - the property relations.Not even worth comparing with the offense before us evasion of repayment, which contains the article 177 of the Criminal Code.Fraud by this wrongful act is different in all the mandatory criteria.These crimes are so different that even contained in the various chapters of the Criminal Code.
