Fraud on an especially large scale: how many types of punishment, what is considered an attempt to commit this crime, what are the terms of imprisonment or the amount of fines under Art. 159 of the Criminal Code of the Russian Federation?

Fraud refers to the theft of someone else's property or obtaining the right to it through abuse of trust. The severity of the crime in the economic sphere, lending, insurance and other areas associated with the misappropriation of other people's funds is determined by the stolen amount.

The amount stolen is called damage. It can be significant, large and especially large. In the article we will consider what atrocity on a large and especially large scale is, which articles of the Criminal Code of the Russian Federation are devoted to this type of fraud, what are the terms of punishment for the crime committed and other nuances.

Determination of the category of crime depending on the damage

To determine which category a crime should be classified into, it is necessary to assess the damage in material equivalent. The punishment will depend on this. Articles 159, 159.1 - 159.6 are devoted to this type of crime.

With a large

How much is this - a crime on a large scale? For crimes involving individuals, this means damage in an amount exceeding 250 thousand rubles . The exceptions are:

If the violations were committed in the field of entrepreneurship (this is discussed in the sixth part), the large amount is equal to an amount of 3 million or more.
In the field of lending and other crimes discussed in Articles 159.1 - 159.6, damage amounting to 1.5 million rubles is considered major.

With a particularly large

This means damage of 1 million rubles. The exceptions are:

If the fraud occurred in the business sector (a similar violation is discussed in Part 7), a particularly large amount is equal to an amount of 12 million or more.
The amount will be over 6 million if the fraud relates to the five areas covered in articles 159.1 - 159.6.

Criteria for relative assessment of harm caused

The assessment of damage caused is determined based on the public danger and the market price of the property that was damaged. The amount is calculated on the basis of sales receipts and other documents confirming the amount of damaged items.

In addition to calculating the amount of harm, the property status of the victim (citizen or enterprise) on the day the crime was committed is assessed. When damage caused to money in the form of robbery, theft, fraud is established, non-cash and cash funds that have become the object of a criminal attack are taken into account.

Third-party experts are invited to assess damage to property. If, during the assessment process, disputes arose as a result of determining the amount of material damage, they use the help of independent expert organizations.

What is an “attempted crime with especially great damage”?

Attempted fraud must have the following characteristics:

Property is stolen by fraud or breach of trust.
The fraud is not completed for reasons beyond the control of the perpetrator. The actions of swindlers should not be completed under the influence of objective factors, and not due to their own refusal to continue fraudulent operations.
The actions of the criminal must be characterized by direct intent.

If the attempt is considered on a particularly large scale, then one more sign will be added: the amount of theft must be at least one million rubles (with the exception of the business sector - 12 million, and 6 million for articles 159.1 - 159.6)

Responsibility under Art. 159 of the Criminal Code of the Russian Federation

Large size

This also includes sanctions when a person uses his official position. The offender faces the following punishment :

Fine from 100 thousand to half a million rubles. The fixed fine may be replaced by an amount equal to the salary or other income of the offender for a period of one to three years.
Work in colonies, where part of the salary will be given as payment of a fine. Freedom in this case may or may not be limited. The fraudster faces forced labor for up to 5 years with or without restriction of freedom for up to 2 years.
The offender can be imprisoned for up to 6 years. Imprisonment may be accompanied by a fine of 80 thousand or the amount of the convicted person’s income for up to six months. The fraudster may also be assigned post-release control for up to one and a half years. A fine and post-release supervision may not be imposed. It depends on the court's decision.

If a criminal deliberately fails to fulfill contractual obligations in the field of business, the court may impose the following measures as punishment:

A fine of 150 to 500 thousand rubles or confiscation of the offender’s income for a period of one to 3 years.
Forced labor for up to 5 years with or without subsequent supervision for up to 2 years.
Imprisonment for a term of up to six years, accompanied by a fine in the amount of 80 thousand rubles or confiscation of the income of the convicted person for a period of up to six months. There may not be a fine. After serving the sentence, the convicted person may be monitored for one and a half years, if the court decides so.

Fraud in the field of lending, in receiving social benefits, in fraud using electronic means of payment, in the field of insurance, in the field of computer information entails the following consequences:

Fine from 100 to 500 thousand or confiscation of income for a period of one to 3 years.
Forced labor for up to 5 years with or without subsequent supervision of the convicted person for 2 years.
Imprisonment for up to six years with a fine of 80 thousand or equivalent income for up to six months. Follow-up for up to one and a half years is possible. Supervision and fines are imposed by court decision.

Extra large

When committing a crime, a citizen may be subject to the following measures::

Imprisonment for up to 10 years with police supervision after release. Follow-up can last a maximum of 2 years.
The offender may be subject to a fine of one million or confiscation of income for a period of up to 3 years.

If a swindler has not fulfilled his obligations under a business contract, he will face:

Imprisonment for a term of up to 10 years with a fine of up to 1 million or in the amount of the income of the convicted person for a period of up to 3 years.
May be subject to police supervision for 2 years after release.

The fine and supervision are imposed by court decision.

Fraud in the field of lending, when receiving social benefits, when using electronic means of payment, in the field of insurance, in the field of computer information will lead to the following sanctions:

A citizen is imprisoned for a term of up to 10 years with a fine of up to 1 million or equivalent to the income of the offender for a period of 1 to 3 years.
Follow-up for up to 2 years is possible.

Restriction of freedom and a fine are imposed by court decision.

The degree of punishment is determined by the court depending on whether the crime committed is the first or a whole series of frauds has been committed. The court's decision may also be influenced by information about the convicted person's family and other circumstances of his life.

You will find more information about how much damage from fraud is legally significant and implies liability in our article.

Compensation before initiation of a criminal case

According to the Criminal Code of the Russian Federation, large damage or harm of a special size can be recovered forcibly after a court decision is made. Or it is compensated voluntarily before the case is opened.

According to the provisions of Article 76.1 of the Criminal Code, a person can be released from criminal liability if he compensates for the damage caused voluntarily. Automatic exemption from the imposition of sanctions occurs for tax crimes.

According to the norms of the second part of the article under consideration, a person does not face criminal punishment if the damage is repaid in a timely manner in the following cases.

The citizen committed the act for the first time.
A person has compensated for the damage caused by his actions to other citizens, a legal entity or the state.
The criminal transferred twice the amount of damage to the federal budget.
The act of a citizen falls under the articles specified in the second part of Article 76.1.

If the offender falls into one of these categories of subjects and compensates the damage ahead of schedule, he will not face any criminal prosecution, no criminal record, or social consequences.

If a crime is committed by a group of persons by prior conspiracy

Fraud by a group of persons by prior conspiracy is considered in the second part of Article 159. There are several types of possible punishment:

Collection of funds. Violators will have to pay a fine of up to 300 thousand rubles or equal to the salary or other income of the convicted person for a period of up to 2 years.
Labor service. This includes 480 hours of compulsory labor, correctional labor for a period of up to 2 years, forced labor for a period of up to 5 years with or without restriction of freedom.
Deprivation of liberty. A citizen is imprisoned for 5 years with or without restriction of freedom for up to a year.

The same sanctions await the violator if the fraud relates to the use of electronic means of payment, insurance, or computer information.

If the fraud was committed in the field of lending or when receiving social benefits by a group of persons by prior conspiracy, the violators will face the following:

Fine up to 300 thousand rubles or confiscation of wages for up to 2 years.
480 hours of compulsory labor, or correctional labor for up to 2 years or forced labor for up to 5 years.
Imprisonment for up to 4 years with supervision after release for a year.

You will learn from our material about in what cases and for how many years restriction and imprisonment for fraud under Article 159 of the Criminal Code of the Russian Federation is possible.

Where and how to file an application if a crime has been detected?

In order for the offenders to be checked, it is necessary to file a fraud report with the police. The application in this case will be the basis for an inspection. If a crime is discovered, a criminal case is initiated. After acceptance of the application, a coupon is issued, which indicates the individual number, time of acceptance of the application and information about the official who accepted it. The application can also be accepted orally. In this case, it is recorded through the protocol.
If the officer on duty refused to accept the application, the applicant may contact the prosecutor's office.
After the inspection, the application and all materials on the case are transferred to the prosecutor's office. The investigator collects materials on the case, investigates the crime and submits the materials to the court.
If a decision has been received from the prosecutor’s office refusing to initiate a criminal case, the applicant can contact the head of the investigator who refused to initiate you or go to the Prosecutor General’s Office (you can also use their website https://www.genproc.gov.ru/)

The following bodies are involved in investigating crimes and punishing criminals:

The police are investigating. A criminal case is initiated, facts are collected, the identities of the criminals are established, investigative interrogations are conducted and witnesses to the incident are brought in.
The prosecutor's office determines the degree of guilt of the violators in accordance with the norms of the law.
The court pronounces a sentence and monitors its implementation.

What to include in the application?

The header indicates the authority where the application is submitted and the applicant’s personal data, including passport details, place of registration and contacts.
A statement of the event that occurred, a description of the actions performed by all persons involved in the situation.
Please initiate a criminal case against the offender under Article 159 of the Criminal Code of the Russian Federation.
Date and personal signature of the applicant.

Evidence, if any, must be attached to the application. The application itself contains a list of attached evidence. If there are witnesses, their names and place of residence, if known, must be provided.

Legal settlement

First, law enforcement agencies investigate such cases. Based on the application, a preliminary check is carried out, after which a decision is made to initiate criminal proceedings or refuse to do so. The preliminary investigation can last from 2 to 6 months. In some cases, the investigation can drag on for years. What is checked:

What happened.
In what circumstances, are there any mitigating circumstances.
Amount of damage.
Fact of fraud.

When the investigation is completed, a report is drawn up, after which the case is transferred to the prosecutor's office and then to the court. If the investigation recognizes the citizen as a victim, the claim is filed in court without a fee.

The court verdict is based on the evidence that was considered during the hearing. It can be accusatory or acquittal.

Possibility of challenging the cost of material loss

If a citizen causes major damage, the damage assessment is carried out according to the rules established by law. These same rules make it possible to challenge the calculated amounts.

In order to recalculate the amount of damage, it is necessary to study what documents the experts used during the assessment and take copies of the documents they submitted. In addition, the parties have the right to conduct their own independent verification of the assessment.