- With the acquisition of rights to someone else's property (without apparent legal grounds).
- With the hidden theft of someone else's property or money.
Often, the key criterion here is a breach of trust.
In other words, the victim is simply misled by alienating property in their favor. It is clear that pyramids (financial) are now almost not included in the general classification of fraud. Because there is a separate article of the Criminal Code of the Russian Federation.
The mechanism of deception itself usually leads to the victim parting with his property. True, deception can be both active and passive. Another problem here is that the victim does not always understand everything that is happening correctly. If your business partner suddenly began to change the company's charter, replacing it with entire sheets, you can sign the documents. After all, you trust your partner and are sure that he will not change anything significant there. But in practice it turns out that your company is no longer yours. By signing the Charter, you actually transferred all the property to the fraudulent partner. You just didn’t realize it at the time of signing.
It is also important to understand that if you are forced to transfer property, then it cannot be called fraud. Typically, scammers do not use violence, threats, or any kind of power scenario at all. They manage to play it out in such a way that the victim herself partes with property or money. This is where the cunning and resourcefulness of scammers manifests itself. And sometimes intelligence. Because building everything so that someone gives you money is a difficult task, even from an engineering point of view. Although often the “schemes” turn out to be simple and superficial.
How was fraud previously classified?
The first mention in our law of such an act as fraud is found in the Council Code. In those days, fraud was any theft of someone else's property, characterized as:
- Sudden.
- Deft.
- Deceptive.
That was earlier. Now fraud is a much broader qualification. In fact, now fraud is actions related not only to theft. But also with alienation, and sometimes even with legalized (by external signs) transfer of property. The example of black realtors who draw up all the paperwork in such a way that you can’t even dig into it is appropriate here. And fraudulent schemes of this kind were not always obvious to law enforcement agencies.
In addition, the forms of fraud themselves are quite diverse. After all, a citizen can be deceived both by falsifying a transaction and by direct theft of personal data or documents. Fraudsters (for the most part) have in-depth knowledge:
- In laws.
- In information systems.
- In psychology.
- In the order of work and features of office work of state and municipal bodies.
It’s probably easier to list those areas where scammers definitely don’t understand. There are actually very few of them. So little that even in science there are now a huge number of scammers. And I don’t even want to say how many officials with stolen candidate’s papers are still working in our country and have not been exposed. And after all, those citizens who organize such a “conveyor” are also engaged in a kind of fraud. True, to organize the market for scientific titles, the qualifications of fraud are not enough. There, in total, a dozen more criminal articles can be added.
Courses on profiling, or “reading” people
These courses will teach you to understand what others really feel and think.
Profiling from Vikium
Description. There are twenty lessons here. You will study facial expressions, gestures, hidden emotions of others, learn to sense subtext in personal and business correspondence.
You will be able to easily “defend” yourself from those who are trying to manipulate you, and you will quickly catch your interlocutors in a lie.
To practice skills, Vikium has developed several simulators, as well as special exercises and tests.
Authors: Vikium project experts.
Cost: 1,490 rub.
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Profiling from 4Brain
Description. Profiling is the ability to “read” a person and understand his true thoughts, feelings and aspirations. Profiling is not easy to learn because it involves working with facial expressions, gestures, and even the ability to sense changes in the timbre of a person’s voice.
In this course from 4Brain you will find 20 lessons of 30 minutes each. The total time to complete the program is 1 month and 1 week. The teachers have collected information about several profiling methods from dozens of Russian and foreign sources, so there is plenty of information here, and it is taught very concisely.
You will learn about the theory of emotions, three ways to calculate lies, and resisting attempts to manipulate you.
The course is especially needed for those who constantly work with people, negotiate, and are forced to find common ground with “difficult” clients.
Authors: Dmitry Geraskin, Kirill Nogales, Evgeny Buyanov.
Cost: 1,990 rub.
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Comments, notes and case law
And we'll start with the sizes. Fraud has its own classification of damage. And this classification begins with the fifth article. The damage here starts from 10,000 rubles. If the amount is less, then it will be more difficult to qualify the crime under Part 5. The next part of the article deals with the large amount of damage. But what is the big one? The note indicates that this is an amount of at least 3 million rubles. And especially large damage is already more than 12 million rubles. At the same time, it is important to understand that qualification under 5 and the following articles is carried out only in a situation where the parties to the transaction were companies, entrepreneurs (individuals, including) or commercial organizations.
Well, now let's move on to the comments. We have already decided that fraud is one of the actual forms of theft. By the way, Article 158 of the Criminal Code of the Russian Federation presupposes liability for theft. The problem is that these articles overlap. And here the legislation draws a clear line between ordinary theft and fraud. The fact is that fraud has its own distinctive properties. And the key property is the way in which the criminal takes possession of someone else's property. It could be:
- Breach of trust.
- Deception.
According to the qualifications of the Criminal Code, the victim can independently transfer property to the criminal. Or maybe not convey it with your own hands. But the victim will not prevent the criminal from obtaining the property.
Let's break this down with a few examples. Let's assume that we have a pensioner and an employee of the Consumer Credit Cooperative. In the first case, the employee deliberately leads the client away from the cooperative. By slipping him an agreement under which the client transfers a certain amount of money. And he transfers them to some figurehead. This shadow citizen will then share with the CCP employee. This is a direct deception, but the victim transfers his funds on his own.
But if the victim does not interfere, the situation is more complicated. Let's imagine the same pensioner who has invested in some investment fund. And he keeps track of his score. And then suddenly one of the managers notifies the client that the funds will be transferred to another segregated account due to the fact that the company’s tariffs are changing. And the client ignores this notification. And the manager (as it turns out later) has already written a letter of resignation, and he simply empties the client’s account. In this case, the client did not transfer the funds to the fraudster himself. He simply did not prevent the fraudster from committing a crime by stealing money from the account. Here you can also use the qualification of abuse of trust.
At the same time, the question of the objective side of the crime is also important. The point is that the criminal must take possession of someone else's property. He does this through abuse of trust or deception. And there is one more very important nuance. The fact is that fraud is committed only against a legally capable citizen. If we are talking about the fact that a fraudster deceived a mentally ill person (with incapacity) or just a child, then there cannot be a qualification of fraud. Because according to the law, this is already an article for theft, and not for fraud.
The issue of abuse of trust is also revealed very widely. After all, scammers establish contact with completely different people. And often they try to build a selfish scheme based on trusting relationships. These may be persons with a specific official position. Or even representatives of local state or municipal authorities. We should not forget that abuse of trust can manifest itself in other situations. For example, a scammer may be deeply in debt. But he takes money under a loan agreement, knowing that he will not be able to pay it back. This is also a breach of trust.
Let's look at a simple example from real judicial practice. We have citizen A who lives in Kemerovo. There he committed the crime. He was accused of fraud under Article 159 of the Criminal Code of the Russian Federation (second part). Our victim is Party B and its employee, and also the owner of one rental shop. Citizen A was planning to rent a bicycle. But he had no intention of giving this bike away. Naturally, the rental office did not suspect anything. Therefore, they gave the citizen a bicycle to rent. The citizen took the bike and set off in an unknown direction. In fact, he is charged with breach of trust and deception. Since the bicycle was not returned to the rental point. And the cost of damage was 15,000 rubles.
It is important to understand that citizen A has already been convicted before and received a suspended sentence.
In addition, at the trial the injured party did not object to the case being considered in a special manner. The defendant agreed that the charge was justified. And the court used recidivism as an aggravating circumstance. Therefore, it was decided to impose a sentence of imprisonment on citizen A. In addition, the injured party filed a civil claim in order to recover damages from the defendant in the equivalent of lost property (i.e., a bicycle) in the amount of 15,000 rubles. Naturally, they decided to satisfy this civil lawsuit. Well, the court qualified the actions of the criminal under the second part of Art. 159 of the Criminal Code of the Russian Federation, sentenced him to imprisonment for a period of 2 years. That being said, there are a few additions here. Because the court, in accordance with the provisions of Article 73 of the Criminal Code, imposed a suspended sentence. And the trial period was 2 years.
In other words, citizen A received 2 years probation. Plus, he was forced to return 15,000 rubles for the bicycle, which he stole from the rental. Citizen A was released in the courtroom. However, now he was prohibited from changing his place of residence. He will also have to go through the registration process with the local inspectorate.
This is one of the simplest and most harmless examples of a real trial under Part 2 of Article 159 of the Criminal Code of the Russian Federation. But this article also has subsidiaries. And they must also be considered. This is what we will do in the second part of the article.
Courses on communication and rules of effective communication
I decided to start the selection with programs on communication and resolving conflicts that arise during communication. Cheap courses come first, then more expensive ones.
Conflict and stress management
Description. Teachers will teach you how to resolve even very complicated and protracted conflicts, get out of them as quickly as possible and restore a positive emotional climate in the workplace.
The course is practical-oriented. You will practice skills by solving psychological problems, interacting with other students in mini-groups.
You will learn to find the right balance in your behavior, not to be too hard or too soft. If there are “difficult” people around you who constantly make claims or put you in an awkward position, you will understand how to behave with them.
The duration of the program is 45 days. Classes are held twice a week, each lasting from 19.00 to 20.30.
Authors: Alexander Sukharev, Svetlana Gonchar, Yana Gunenko.
Cost: 14,000 rubles or 1,400 rubles. per month in installments for 10 months.
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Effective communication from Vikium
Description. In a month, you will improve your communication skills and will be much more effective at establishing contacts with people. You will be able to communicate with others even in conflict situations, and you will learn how to prevent conflicts from flaring up.
Theory is taught through video lectures, their total number is 33. Practice takes place in an individual format - each student must complete 25 exercises from the curator and pass 6 tests to consolidate the material.
There is a 7 day full refund guarantee.
Authors: Oleg Kalinichev.
Cost: there are two tariffs - 1,490 rubles. without the support of a curator and 2,490 rubles. - with the support.
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Best Communication Techniques
Description. Every week you will take 4-5 lessons, one lesson lasts approximately half an hour. The total number of lessons is 43, the course lasts two months. Teachers will introduce you to 72 communication strategies that you can apply in any life situation.
If the courses from Netology and Skillbox are aimed primarily at businessmen and entrepreneurs, then this course is suitable for absolutely everyone. He will teach you to communicate better with loved ones, and not to be shy in communicating with unfamiliar people.
Attention is also paid to tactics of behavior in dispute situations when you need to defend your point of view.
Authors: Evgeny Buyanov, Dmitry Geraskin, Sergey Krutko, Polina Grudanova.
Cost: 1,990 rub.
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Effective Negotiations
Description. You will learn about the cycles that involve any negotiation and how to behave correctly within each cycle. Special attention is paid to how to defend your point of view when your interlocutor refuses to agree with you.
The program is aimed at people who work in small and medium-sized businesses, but I would recommend it to everyone. The techniques described by experts can be easily applied in everyday interpersonal communication.
There are 30 lessons, the total duration of mastering the material is 2 months.
Authors: Alsou Khludneva.
Cost: 28,200 rub. per course or 2,350 rub. in installments for 12 months.
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The art of communication
Description. This is a course on how to find yourself in communication and not lose anymore, how not to copy anyone and stop wearing masks. You will be able to speak openly about your views, achieve your goals in negotiations, and resolve conflicts as quickly as possible.
The material is very capacious, fits into 2 months. Several separate blocks of the course are devoted to the development of emotional intelligence; experts teach you to understand the emotions of the person you are communicating with, and not allow yourself to be manipulated or misled.
The issue of cultural differences is also considered - this will be useful for those who work with people of different nationalities.
You will learn to communicate correctly not only “live”, but also through social networks, instant messengers, and emails.
Authors: Elena Gaponenko, Anna Stogova, Alexey Stogov.
Cost: 35,000 rub. for the entire program or 2,917 rubles. in installments for a year.
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Effective communications
Description. This course teaches the rules and techniques of communication. The focus is on people who work in the business field and constantly communicate with colleagues or clients. However, I would recommend this course to everyone, because the techniques described can be easily applied in communication with family and friends.
It will be much easier for you to resolve conflicts, even if they are very protracted. You will communicate more effectively, including through emails and instant messengers.
Twice a week you need to attend webinars where teachers explain the “theory”. Any questions you may have can be asked during the broadcast. Approximately three hours of your time during the week should be devoted to homework. Please note that they can be done selectively. Experts will check your work and give their comments.
This course has very well organized practice. Twice a month, “club” meetings of students are organized in ZOOM for group work and mutual discussion of results. The consequence is a set of practice-proven “tools” for communication and conflict resolution.
Authors: Inga Orlova, Svetlana Gonchar, Yana Gunenko, Victoria Snezhkova.
Cost: 35,000 rub. or 3,500 rub. per month.
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Basics of Effective Communication
Description. The intricacies of communication in a variety of situations are discussed here. You will learn how to communicate with a person one on one, how to talk when there are familiar or unfamiliar people around, how to behave correctly with your superiors and subordinates. You will be able to use the skills acquired during training in communicating with family and friends.
After training you will become a much more confident person. You can easily tell others what you really think, not adapt to anyone and not be afraid of anything.
Individual and group classes will be organized to practice communication skills. At the same time, you will master all the theoretical material during webinars and, if something seems unclear, you will be able to immediately ask questions.
As you progress, you will keep a diary and note your progress in it: increasing your level of emotional intelligence, your level of self-confidence, you will describe real situations when you came out of a conflict, etc.
Duration of training – 1.5 months.
Authors: Andrey Anichreev, Kirill Fomin, Leonid Bugaev, Andrey Barkovsky.
Cost: 12,000 rub. for the entire program, 1,200 rubles. per month in installments.
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Business meeting
Description. I recommend this communication course primarily to those who constantly work with or manage people. You will be able to speak correctly with clients, subordinates and superiors, not allow yourself to be manipulated, and easily resolve conflicts and disagreements.
Different types of communication are considered - during a personal meeting, by phone, through instant messengers or emails. Teachers talk about how to catch your interlocutor in a lie, how to direct negotiations in the right direction if they go wrong, and how to answer awkward questions.
Authors: Antonina Lebedinskaya, Anna Erkh, Dmitry Moskvin, Mikhail Ivashchenko.
Cost: 12,000 rub. or 1,200 rub. per month in installments.
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Art. 159.1 of the Criminal Code of the Russian Federation - fraud in the field of lending
This crime refers to acts related to obtaining a loan. At the same time, this is also a favorite article of collection agencies. Because only a lazy employee calling debtors by phone would not try to use it to intimidate. We need to look at this article in detail. Let's start with the first part. It is she who defines the crime itself. According to the first part of 159.1 of the Criminal Code of the Russian Federation, liability is provided for the fact that the borrower steals funds. And he does this by providing information that is not reliable or even deliberately false.
How to commit such a crime? There are several proven methods:
- Providing false information.
- Providing knowingly false information.
Inaccurate information in banking and credit institutions is usually verified using paper and electronic documents. Those. you should have:
- Get a certificate of experience.
- Get a certificate of average salary.
However, these documents should not correspond to the real situation. If you did not do this, therefore there is no crime.
The situation is similar with the second method of committing a crime. There can be a lot of variations here:
- Obtaining a loan using someone else's documents.
- Obtaining a loan using fake documents.
- Providing separate documents with changed information.
For example, some citizens provide the bank with a copy of the Labor Book (work book) and income certificate. It is enough to falsify 1 or 2 of these documents (or copies) and the crime will already be evident. And even in such cases, everything is usually limited to some kind of punishment in the form of a fine and execution. By the way, according to the first part of this article, the sanctions are as follows:
- 4 month arrest.
- Fine 120 thousand (or according to another calculation scheme).
- Compulsory, corrective, forced labor.
- Restriction of freedom (24 months).
Deprivation of liberty is not even observed here. It is important to understand that qualification is not always carried out only according to 159.1 of the Criminal Code of the Russian Federation. If you didn’t forge anything and didn’t ask your employer to forge papers for the bank, then you don’t have to worry about threats from collectors. If you forge something, then be prepared for a more serious punishment.
The qualifying feature for the second part of the current article is the existence of a preliminary conspiracy and a group of persons. This is exactly the case when you persuaded someone at work and together falsified documents. Here the punishment is more serious:
- Imprisonment (4 years upper limit).
- Fine up to 300,000 rubles.
By the way, if someone used his official position, he faces a more serious punishment. Because this is a part 3 qualification. Here the sanctions will be tougher:
- Up to 6 years in prison (combined with fines and restrictions on freedom).
- Fine up to half a million rubles (minimum 100).
- Forced labor.
If you have done the same thing that is qualified by the third part, but on an especially large scale or with participation in an organized group, then the punishment will be even more serious. Namely:
- Up to 10 years in prison (combined with a fine of up to 1 million rubles).
- Restriction of freedom.
We must understand one more very important thing. The fact is that a large size is at least 1.5 million rubles. And a particularly large one is already 6 million rubles.
It must be said that there is quite a bit of practice on such crimes. Because it is still necessary to prove that the falsification was committed intentionally and with a selfish component. Moreover, amounts of this size are not accessible to ordinary citizens purely technically. Therefore, collectors who begin to scare all debtors without exception are simply mistaken. In order to attract a debtor under 159.1 of the Criminal Code of the Russian Federation, it is necessary to prove that he falsified the data in the loan application. Or simply provided information that was not reliable. Was not reliable at the time the loan was issued. And given the fact that banks now use scoring systems and check a potential borrower on all bases, the likelihood of falsification is extremely low. Therefore, almost every case under such an article can be examined under a microscope.
It is most likely that crimes committed on a particularly large scale under this article will be the most attractive to criminals. Because in all other situations it simply doesn’t pay off. If you are interested, you can familiarize yourself with the judicial practice under 159.1 of the Criminal Code of the Russian Federation. There are not so many cases in the Russian Federation under this article, but they still exist.
Art. 159.2 of the Criminal Code of the Russian Federation - payments obtained fraudulently
Now this is more interesting. And the problem with this article is that almost every recipient of social benefits can fall under it. All legal regulations are set out in such a way that a person himself is obliged to monitor his status. The recipient of various types of social benefits does not always have an understanding of how it works. If you lost your right to receive benefits, but received and spent them, you are in for serious problems. Because the same Pension Fund (which is responsible for the calculation) usually takes the position:
- Can not hear anything.
- I do not know anything.
- I don't track anything.
If you received benefits and spent them, but there were no longer reasons for receiving them, problems may arise. During the next inspection, the Pension Fund of Russia suddenly discovers that they have a “breakdown”. And you will be notified that you need to return all funds received that were transferred starting from the date of loss of the basis for receiving benefits.
Important: the Pension Fund gives only 1 month to return the entire amount. Moreover, they do not even allow the possibility of installments.
And there are already a lot of such cases in Russian judicial practice. And they don’t always end well (for the benefit recipient). It’s definitely not possible to avoid criminal and administrative punishment without a lawyer. In the big picture, all money will need to be returned to the statutory regulations. If you don't have them, get ready to go to court.
And this applies not only to social benefits. But also some subsidies (for example) from entrepreneurs.
Now let's talk about sanctions. So, fraud in receiving payments is also theft. Not only money, but also any other property. This is regulated by the first part. And here there is one very important point. It is also fraud to provide false information. And there is a silence about the fact that there are grounds for stopping payments. And silence is simply inaction. So, this is also considered a crime. For the first part, the sanctions are as follows:
- Arrest (for 4 months).
- Imprisonment (up to 24 months).
- Restriction of freedom.
- Compulsory and corrective labor.
- Fine up to 120,000 rubles.
If there is a preliminary conspiracy and a group of persons, fines increase to 300,000 rubles. And the accused can spend up to 4 years in prison. Well, the terms of restriction of freedom, as well as correctional or forced labor, are increasing.
The third part already provides for a crime related to the use of official position. In practice, only the most naive people come across this article. Everyone else just gets away with it. There is also a large qualification here. The fine increases to half a million rubles. And imprisonment can be up to 6 years (combined with a fine). A particularly large amount leads to a prison sentence of up to 10 years for the accused. The fine can be up to 1 million rubles.
Art. 159.3 of the Criminal Code of the Russian Federation - fraud with payment cards that is widespread today
We are notified almost every week that a new type of bank card fraud has emerged. This is about the question of who a swindler is. Now we’re not even talking about the fake “Sberbank security officers” who, even in a pre-trial detention center, managed to organize a call center for themselves. In general, the precedent itself already makes us think about how everything works for us. A classic example of a crime under this article is rather classic carding. They fight against carders in all countries without exception. And it must be said that there is already plenty of judicial practice on such crimes. And not only in Russia, but also in the CIS countries. Often all this is accompanied by charges under other articles. Because simply stealing money is not enough. They don't float in the air. To gain access you need to hack something. Or use special equipment. And this, as you understand, is a whole complex of events. And they affect, among other things, other articles of the Criminal Code of Russia.
Let's start with the first part. This is a fraud that was committed using means of payment (electronic). The sanctions are as follows:
- Imprisonment up to 36 months.
- Fine up to 120,000 rubles.
- Restriction of freedom.
- Compulsory and forced labor.
But to commit a crime of this kind alone you need to have natural stupidity. Therefore, seasoned scammers engage in similar acts already in a group. And this is the second part of the article. The sanctions here are as follows:
- Imprisonment for up to 60 months.
- Forced, corrective or compulsory labor.
- Fine up to 300,000 rubles.
In addition, the qualification of causing significant damage is also used here.
The third part of the current article is needed for those who use their official position. Here the punishment is more serious:
- Fine up to half a million rubles.
- Imprisonment for up to 6 years (in addition to fines).
- Restriction of freedom, etc.
Well, part 4 provides for imprisonment for up to 10 years. And this punishment is complemented by a fine of up to 1 million rubles. In addition, additional restrictions on freedom may be introduced.
Courses on goal setting, self-knowledge and self-determination
They will help you figure out what exactly you want in life and how to achieve it in the shortest possible time.
Goal setting from Vikium
Description. Small material, only 6 lessons. They are devoted not so much to goal setting as to “self-knowledge.” You will learn to prioritize, understand what you really need in life, and what you are willing to sacrifice for it.
Practicing psychologists will talk about the intricacies of goal setting, how to plan your future so as not to be disappointed, not to come to the conclusion that all your aspirations were wrong, you have achieved something completely different from what you would like.
Authors: psychologists from the Vikium project.
Cost: 1,490 rub.
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Self-knowledge
Description. After completing all 16 lessons, you will learn about 50 characteristics of your personality that previously always eluded your attention. According to teachers, the main goal of training here is to achieve internal harmony. You will understand what kind of person you are, what you need in life. If you still can’t find yourself and understand what kind of business you want to do throughout your life, the course will help you get out of this difficulty.
Another advantage is that after mastering the program, it will be much easier for you to build relationships with people around you, find like-minded people, and feel comfortable in any environment.
Each student completes tests and exercises as they master the program, so the approach here is purely individual, you will not find absolutely anything superfluous.
Course duration – 1 month. You can study according to your individual schedule. There is an alert system that you can customize in your personal account so you don’t miss anything.
Authors: Evgeny Buyanov, Kirill Nogales, Dmitry Geraskin, Sergey Krutko.
Cost: 2,500 rub.
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Art. 159.5 of the Criminal Code of the Russian Federation - deception on the part of insurers
An equally interesting article that is practically not used. Because insurers have money. But victims usually don’t have them. However, there is practice under this article. According to the first part of this article, you can probably involve employees of any insurance company. And without exception. But as you understand, in reality everything does not work quite as it should. For the first part, there are several signs of a crime committed:
- Fraud in the context of an insured event.
- Fraud regarding the amount of insurance compensation.
- Cheating by any other means.
The criminal does not face anything serious here. Fine up to 120,000 rubles. There is also correctional work and compulsory work. They may be restricted for 24 months or arrested for 4 months. All. This is where all the sanctions end. The second part provides for liability for causing significant damage. It also provides for the qualification of preliminary conspiracy. Here the sanctions are a little stricter:
- Imprisonment (up to 5 years).
- Restriction of freedom.
- Correctional or compulsory work.
- Fine up to 300,000 rubles.
If your official position was used or there is a large amount of damage, then this is part 3. Fine up to half a million rubles. And also imprisonment for up to 6 years. Well, traditional forced labor. If there is a particularly large size or an organized group, then qualify for the 4th part. There is already a prison sentence of up to 10 years. Restriction of freedom and a fine of up to 1 million rubles are also applied. But, as you might guess, part 4 is used extremely rarely. Well, the last one for today is Art. 159.6 of the Criminal Code of the Russian Federation – actions in the field of computer and information technologies.
Deception using technology
In general, acts of this kind are considered in a special manner. And with the involvement of forensics. Because hacking and modification of any computer systems is rarely carried out without selfish motives. Occasionally you can meet criminals who hack the system “out of nothing to do.” Most often these are situations related to:
- With insertion into ATMs (packet interception).
- With the hacking of internal banking systems (organizations are in no hurry to upgrade their equipment and software in a timely manner).
- Using data from the database of social services, etc.
And even the very fact of such a hack is not always possible to establish. Computer crimes are one of the areas where the state is clearly losing. And although the laws themselves try to regulate such activities, the situation is clearly not in favor of law enforcement officers. The same cannot be said about neighboring states. In the same republic of Belarus, judicial practice on such crimes is much wider. This is partly due to increased government control.
Again, the determining factor here is the act of fraud itself. Let's look at one example of judicial practice. It is very understandable, and even a layman will probably understand what the accused did. By the way, he was accused of 2 hours. 159.6 of the Criminal Code of the Russian Federation.
So, we have citizen A. He used someone else's mobile phone and bank card, which were lost. Naturally, the criminal did not miss the opportunity. He simply paid for a purchase in one of the online stores with someone else’s card. Using your phone as confirmation. And the material damage here was significant.
Moreover, he wanted to pick up the goods by pick-up. An acoustic system was purchased. True, the miracles of Russian service did not disappoint here either. Because the delivery of the goods was delayed. And the owner of the phone and bank card called the store and canceled the order. Naturally, the citizen was found very quickly. According to the identification data that he indicated when ordering the goods.
As a result of the circumstances that emerged, the prosecution demanded that the crime be reclassified. And the result was an article for theft, and not for fraud. The victim and the criminal were reconciled, so the criminal case was dropped. No one received a real sentence, and all the property was returned to the owner.
And the problem here is that crimes of this kind are not always immediately correctly identified by investigative authorities.
We also have one more example from real Russian practice. Here the scheme is more interesting. And section 3 159.6 is being considered. So, the accused sent a standard message about blocking a bank card to an unknown citizen. Such messages were probably sent to every resident of the Russian Federation at one time. And then the traditional “performance” unfolded. The criminal called the victim and misled him. Naturally, the goal was:
- Code words (for verification at the contact center).
- Bank card number.
The criminal also requested confirmation of a “test debit” of funds from the victim’s card. Well, since we trust Sberbank employees, the victim quickly agreed.
Naturally, such a simple set of data has already allowed the criminal to gain access to all bank accounts. And he began transferring funds from the victim’s account. And thus the criminal managed to withdraw 2 million 130 thousand rubles from the bank account. Agree, a very interesting amount. And this is already a large size. The case was considered in a special order. There were no significant violations of current legislation.
But there was an aggravating circumstance in the form of a repeat crime. True, given the fact that there was a confession, mitigating circumstances were also taken into account.
Since the accused had a whole range of criminal acts, partial addition was used. And the result was a period of 7.5 years.
But here you can raise the question of who a swindler is. To get caught in court with this article, you need to have complex technical knowledge. This article is relatively new, and it only appeared in 2012. It was introduced into the Code by separate Federal Law No. 207. The first part establishes the very essence of the crime. There are a lot of options here:
- Interference with any information system.
- Tampering with equipment (telecommunications).
- Theft of someone else's property.
- Acquiring rights to someone else's property.
- Software modification, etc.
And although the article itself implies fraud, it is very closely related to other articles of the Criminal Code, which have nothing to do with fraud at all. For the first part, the sanctions are as follows:
- Correctional, forced or compulsory labor.
- Restriction of freedom for 24 months.
- Fine up to 120 thousand rubles.
- Traditional temporary imprisonment for 4 months.
If there is significant damage, a group of persons and a preliminary conspiracy, then the sanctions are as follows:
- Fine up to 300,000 rubles.
- Restriction of freedom (combinable).
- Imprisonment for up to 5 years.
If a person has done any of the above, but in relation to a bank account, then this is part 3 of the article. In addition, large size and the use of official position are classified under this part. The sanctions here are tougher:
- Half a million rubles fine.
- Forced labor.
- Imprisonment for up to 6 years (may be supplemented by fines).
- Restriction of freedom.
There is also another section here. It presupposes the qualifications of an organized group and of a particularly large size. For such a crime you can stay in prison for 10 years. In addition, imprisonment is complemented by a fine of up to 1 million rubles. An aggravating sanction is also applied in the form of restriction of freedom (for up to 24 months). But, as you understand, part 4 of this article is not used very often. For obvious reasons. Solving such a crime is technically difficult.
Courses on time management, or time management
“Time is your most valuable asset.” “The time we have is money we don’t have” – isn’t it time to learn how to manage your time better?
Time management - the best techniques
Description. The course lasts 1 month and 1 week, includes 20 lessons. Each lesson lasts 20-30 minutes. Teachers will tell you about the hundred most popular time management techniques that you can immediately begin to apply in your life.
You can apply the acquired knowledge everywhere: at home, in school, at work. If you are constantly nervous due to lack of time, “chronic” fatigue, constant delays, this material is definitely for you.
Among the techniques described, you will find the Descartes square, which helps to quickly make decisions under limited time, the Franklin pyramid for planning and goal setting, the GTD system for increasing personal effectiveness, and much more.
Authors: Dmitry Geraskin, Kirill Nogales, Evgeny Buyanov.
Cost: 1990 rub.
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Time management from Skillbox
Description. In just 1 month, you will learn how to manage time and use it as efficiently as possible to achieve your goals. You will learn how to correctly determine the amount of time to solve a certain task, how to plan your actions for the day, week, month and even year in order to achieve all the goals you want to achieve.
Separate lessons are devoted to the fight against laziness and procrastination. Experts will teach you to focus on one thing and not be distracted by anything, and do routine work as quickly as possible.
The total number of lessons is 18, they are combined into 4 thematic modules.
Authors: Matvey Matveev.
Cost: 12,000 rub. or 1,000 rubles per month in installments.
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