Fraud is a crime that should not be silent about. The sooner you contact law enforcement agencies with a statement, the higher the chance of quickly catching the attackers. Fraud encroaches on your property and causes you property damage, and the criminal misleads you and takes advantage of your trust.
Fraud is a criminal offense in accordance with Art. 159 of the Criminal Code of the Russian Federation. It is committed in various types and in various ways; accordingly, the classification of the crime varies from a minor degree of severity to a serious one. When a case of fraud is discovered, it is important and necessary to complain, otherwise there may be even more victims.
Reporting a crime is a tool for fighting for one’s own violated rights. Traditionally, a fraud report must be filed with the police, where it will be registered and begin an investigation. An appeal to the Ministry of Internal Affairs of the Russian Federation requires the applicant to fulfill a number of requirements for such applications. In its legal essence, it is a complaint against the illegal actions of a criminal. Whether the complaint filed has any basis will be decided by the police after checking the arguments stated in the complaint.
Let's look at what types of fraud are and what the victim can do, when and where to file a fraud report, and how to interact with the police.
Sample statement of fraud to the police
The Ministry of Internal Affairs of the Russian Federation has not approved a single (standard) form or sample of statements about the fact of a crime. There is no form for reporting fraud either. In addition, it is not always required that it be submitted in writing.
Let's start with the fact that filing a report with the police represents the exercise of the constitutional right to protect one's own interests. The procedure for notifying the police about a crime provides several options for notifying the incident:
- personal application;
- phone call;
- sending an application by mail;
- through the Internet.
Notification to the police is regulated by the provisions of Art. 141 Code of Criminal Procedure of the Russian Federation. You can call the police or file a report in person. In the event of a call, the duty officer of the Ministry of Internal Affairs records what you said as an incident report, which is subject to verification only if you introduce yourself, give the address of your actual residence and indicate contacts for communication.
If the fraud report is filed in person or by mail, the complainant must sign it. A sample application sent via the Internet does not require a signature and is equivalent to a report of an incident. It is also possible to contact the police department in person with an oral statement. As a rule, a law enforcement officer independently, but under your dictation, draws up a written statement of fraud. After drawing up the application, you must read it carefully, sign it and add: “In my words, it was drawn up correctly. I have read it."
Otherwise, you have the right to determine the content of your complaint or incident report yourself. Applications to the police are accepted around the clock, without holidays or weekends. The responsibility for receiving applications rests with the duty officer, who cannot refuse to accept a complaint, except in cases of anonymity of a report to the police or statements of a special nature - about the issuance of permits and licenses. A complete list of grounds for refusal to accept applications is contained in Order of the Ministry of Internal Affairs of Russia No. 140 dated March 1, 2012. When accepting an application, the police officer will not check the circumstances of the fraud, only your personal information.
Grounds for criminal prosecution for fraud
To bring a person to justice for a crime under Art. 159 of the Criminal Code of the Russian Federation it is necessary to establish in his actions all the signs of a crime. First of all, there must be two circumstances: fraud or breach of trust and taking of property. According to the first, it is necessary to establish that the guilty person did everything in such a way that the victim did not doubt the veracity of his actions and intentions. For example, presented documents or performed other actions that inspire confidence. The second component of the crime - the seizure of the victim’s property can be expressed both in its unauthorized seizure, for example, the removal of jewelry during a “treatment” session, and in the voluntary transfer by the victim themselves, for example, he was misled by signing an agreement and transferred funds to the criminal.
Also read: How scammers apply for a loan: fraud schemes and what to do
Identifying the perpetrators and bringing them to justice entails the start of the statute of limitations in criminal cases of fraud. A claim for damages can be brought within three years from the date of sentencing of the guilty party. In this case, the amount of damage and the severity of the crime, as well as the type and amount of punishment, do not matter. The maximum penalty for fraud is provided for in Part 7 of Art. 159 of the Criminal Code of the Russian Federation for fraud committed by a person while carrying out business activities and associated with causing particularly large damage as a result of deliberate failure to fulfill contractual obligations.
Punishment for this crime can reach ten years in prison with a fine of up to one million rubles.
According to other provisions of Art. 159 of the Criminal Code of the Russian Federation provides for other terms of punishment, including other measures of criminal prosecution. In addition, the type of punishment and the personality of the offender are affected. If he has been previously convicted, then the measure of his responsibility will be greater and the offender will be placed under more stringent conditions for serving his sentence.
In the Internet
Internet fraud is one of the most common ways to steal your honestly earned money in the shortest possible time. The danger of this kind of act is that it is not immediately possible to notice the fact of the crime.
Internet fraud is characterized by the anonymity of the criminal and his distance from the victim. The police do not always have sufficient resources to search and capture a virtual criminal, however, this is not a reason for the inaction of the Ministry of Internal Affairs of the Russian Federation.
The Internet is developing rapidly and every day offers new opportunities to simplify the everyday life of citizens and legal entities. Most often, the Internet is used to make instant electronic payments or make purchases in online stores.
A classic online fraud scheme involves a criminal asking him to provide his bank card details. The pretext may be to make a money transfer as payment for goods that the victim was selling.
It is important to remember that money payments over the Internet are completely safe if you have sufficient knowledge of how to use them. For example, for a non-cash electronic transfer to your card, it is enough to say its number, and not all the information it contains.
Note! It is almost impossible to commit fraud knowing only your bank card number.
In case of fraud on the Internet, be sure to file a police report. Call or send an application by email: the address of the Internet reception of the Ministry of Internal Affairs of the Russian Federation is publicly available. Also on the official website of the Ministry of Internal Affairs of the Russian Federation it is possible to fill out an application template in a simplified form. It can be filed by anyone with information and evidence of fraud.
Individual
Fraud schemes against citizens include several dozen variants. Methods to defraud you of money or other property are classified depending on the circumstances of the crime. The most common types in recent years are cyber fraud and telephone fraud.
Cyber fraud is a crime involving the use of the Internet and digital technologies. The most common crimes are:
- skimming - theft of your bank card data by installing reading devices on terminals and ATMs;
- through computer viruses that provide unauthorized access to your electronic accounts;
- through ransomware programs that block work on the computer and access to documents stored on it until payment of the amounts indicated in the program;
- phishing is the distribution of fake information, the use of which leads to the voluntary disclosure of your bank account and card details to the attacker.
Most of the presented types of digital fraud are designed for people who do not have sufficient computer knowledge.
Mobile fraud uses a mobile phone as a means to an end. False messages are sent to your number asking you to provide the personal information the criminal needs.
In the described cases, the fact of fraud is proven using a bank account statement, which it is advisable to attach to the crime report.
The crime is considered committed from the moment the money comes into the possession of the criminal. It is necessary to write a statement about fraud as soon as possible, otherwise the chance of catching the criminal is reduced to zero.
Traditional types of fraud do not lose their relevance either. Unknown persons introduce themselves as employees of organizations serving the house and offer to pay for non-existent services. In any case, it is important to write a statement about the fact of fraud while there is the slightest chance of catching the criminal.
What is a statute of limitations
The period during which a person injured by criminals can go to court to protect their rights is called the statute of limitations. It begins to count from the moment the victim learned how his rights were violated and who will be sued.
Both conditions must be met. If a claim is filed against an improper defendant, the court may not accept it for consideration.
Some claims are not subject to limitation; they are listed in Art. 208 of the Civil Code, theft of someone else’s property does not apply to them.
Legal entity
Fraud against organizations is characterized by more complex multi-level theft schemes. The harm caused is often measured in large and especially large amounts.
Fraud against legal entities can be divided into crimes committed by a third party and those committed by management within their own organization.
Providing falsified financial statements allows for an influx of unaccounted funds in favor of the guilty party. Fraud is characterized not only by the large amounts of illegally seized funds, but also by the use of one’s official position and access to reporting documentation.
In this case, employees of the financial department of the enterprise or the manager himself should write a statement to the police if fraud is detected in relation to their legal entity.
Let's look at several common types of fraud involving an organization:
- false employment;
- remote cooperation without official registration of labor relations - freelancers work for a legal entity until its managers disappear without paying wages;
- fraud in the field of real estate services.
Sometimes the same fraud may involve several legal entities trying to enrich themselves at the expense of each other.
In all cases presented, a sample application is not required; the complaint is presented in free form.
Types of fraud
In everyday life, crimes that are not fraud are often called fraud. To properly qualify an offense, it must be committed precisely through deception or abuse of trust. In this case, the criminal deliberately misleads the owner of the property by providing him with false information or false documents. As a result, the victim himself transfers the property, without doubting the legality of these actions.
The Criminal Code provides penalties for the following types of fraud:
- When receiving a loan (Article 159.1). In this case, the citizen receives money from the bank by providing unreliable or false information about himself, and does not intend to return it, that is, he commits theft. Important! If the borrower repays the loan, then receiving a loan using false documents cannot be considered fraud. Also note - when you enter into a real estate purchase and sale agreement, cooperate only with trusted agents - so as not to fall into the hands of scammers - realtors https://lexconsult.online/6850-kak-zashhititsya-ot-rieltorov-moshennikov
- When receiving social benefits and compensation (Article 159.2). To do this, the criminal provides false information or hides facts, which are grounds for stopping payments. One of the recent examples of such fraud is obtaining maternity capital using false birth certificates.
- Using bank cards (Article 159.3). Fraudsters may use counterfeit or stolen cards, or ask the cardholder to provide the number, expiration date and code on the back of the card, which is an element of data security. Using this information, criminals can easily transfer funds from the card to their account.
- In the insurance sector (Article 159.5). In this situation, fraudsters provoke the occurrence of an insured event, for example, an accident or car theft.
- Using computer information. Criminals steal property by transmitting, processing, entering or deleting any data.
Punishment for two more common types of fraud, namely, taking possession of someone else's real estate and deliberate failure to fulfill contractual obligations in the field of business activity, is provided for in Article 159 of the Criminal Code of the Russian Federation.
If a citizen has become a victim of fraudulent activity, he should contact the police with a statement. After law enforcement agencies have established the fact of fraud and identified the perpetrators, you can file a claim in court, taking into account the statute of limitations.
What to pay attention to when making an application?
Despite the fact that the internal orders of the Ministry of Internal Affairs of the Russian Federation do not establish a single sample of a statement to the police regarding fraud, let’s talk about how to write it legally correctly.
The template of any application includes an introductory part, which indicates the ATS unit (ATC) to which you decided to file a complaint. As a rule, the sample provides for an appeal to the head of the territorial division of law enforcement agencies. Next comes the name of the document - “application”.
The content should describe the events of the crime in accordance with their chronological sequence. Only you decide what to write and what not. No matter how detailed you describe the crime, if the investigator has questions about fraud, you will be additionally called to testify.
At the end of the application, you must indicate the date when the application was written and put a signature. Please note once again that fraud allegations that do not contain the applicant’s personal data (anonymous) will not be accepted for consideration.
Calculation of the statute of limitations
In order to find out the statute of limitations for a scam, it is necessary to find out how the legislation assesses the severity of the act approved in the Criminal Code of the Russian Federation.
The first step is to identify the term of imprisonment for the crime in accordance with Articles 159-159.6 of the Criminal Code of the Russian Federation.
The second step is to determine the severity of criminal actions in accordance with the transcripts prescribed in Article 15 of the Criminal Code.
The third step is to determine the statute of limitations for fraud based on the information received on the severity of the crime committed using Article 78 of the Criminal Code of the Russian Federation.
- Fraud on an especially large scale is the appropriation of someone else’s property, the value of which is estimated at more than 1 million rubles. Such a crime is qualified by law as grave, and liability for it is regulated by Article 158 of the Criminal Code of the Russian Federation. The statute of limitations for such unlawful action is 10 years from the date of commission of the act.
- Fraud committed by a group of persons is also considered serious, so the statute of limitations for violation is 10 years. Responsibility for such an act is provided for in Part 4 of Article 159 of the Criminal Code of the Russian Federation and can be expressed in the form of imprisonment for up to 10 years or a fine.
- For a minor offense of fraudulent nature, the offender can be imprisoned for no more than 2 years. It belongs to the category of unlawful acts of minor gravity, so the statute of limitations for it also does not exceed 2 years of imprisonment.
- Due to the active growth in the number of criminal acts in the field of lending, a separate article 159.1 of the Criminal Code of the Russian Federation is devoted to loan fraud. According to the information contained therein, the maximum penalty for a criminal acting alone is up to 2 years in prison. The statute of limitations for such a crime is also 2 years. If fraud in the credit sector was organized by a group of persons, the maximum penalty for its participants is 4 years in prison. The crime itself is qualified as an act of moderate gravity, and the statute of limitations for it is calculated at 6 years. Fraud on a loan in the amount of more than 6 million rubles is regarded as a serious crime, the statute of limitations for which is determined by 10 years.
- Multiple crimes are defined by law as a combination (the commission of several violations, none of which the person was convicted of - Article 17) or recidivism (the commission of a second or more intentional crime for which the person has already been convicted - Article 18). If one of the two committed offenses expires, the plurality of the crime is canceled and the limitation period is calculated for the second offense.
There is also a crime for which the law does not provide a statute of limitations. The fact is that due to fraudulent actions, not only a person’s financial condition can suffer, but also his health. So, in the event of physical harm to a person, there is no statute of limitations for fraud, and at any time the offender can be sued.
Also read: Judicial practice in cases of fraud in Article 159 Part 3
When considering a case of fraud, it is also important to take into account that if during the trial the defendant mentions the end of the period allocated by law for filing a claim, the prosecution of the violator will be refused. If the fraudster remains silent, the court may well take the plaintiff’s side and rule in his favor.
Despite understanding the basics of the law on fraud and the statute of limitations for this crime, only a good defense attorney can take into account all the nuances of the case. An experienced lawyer will certainly take into account all the factors influencing the positive outcome of the case and competently convey them to all participants in the court hearing.
Where to apply?
A statement about fraud will be accepted from you at any police station. The territorial feature does not matter.
If you intend to bring it in person, choose the nearest police station (ATC) to your home. As soon as the duty officer registers the application, it will be submitted for consideration and resolution of the issue of initiating a criminal case.
In cases where fraud was committed in a territorial area not under the control of a given police department, the application will be redirected.
If the fraud was reported by telephone or via the Internet, you will additionally be called to the police department, which will consider your application.
Can I apply online?
In order to file a fraud report via the Internet, you must visit the official page of the Ministry of Internal Affairs of the Russian Federation or territorial divisions of the Department of Internal Affairs (ATC) in your region.
The sites provide the possibility of using online services for receiving applications from citizens. The online reception offers a standard application form template for filling out.
In essence, an online complaint is a simplified form of a paper fraud complaint. Upon completion of filling out, the finished electronic document is sent for registration and distribution according to territorial jurisdiction.
If it is convenient for you to file a fraud claim via email, the online reception address is also indicated in the contacts of the official websites of the Ministry of Internal Affairs of the Russian Federation and its territorial divisions (OVD, ATC).
When can I expect results?
The law establishes a three-day period for checking and making a decision upon the receipt of a report of a crime, including allegations of fraud. Thus, within 3 days, the responsible police officer must come to a conclusion about the presence or absence of the crime mentioned in the statement. Fraud does not have to be confirmed for a case to be initiated. The investigator will independently qualify the crime based on the facts available to him.
Based on the results of the consideration, the police will initiate a criminal case or refuse to initiate it if there are grounds (Article 24 of the Code of Criminal Procedure of the Russian Federation):
- the fact of fraud has not been confirmed;
- the actions that were mentioned in the fraud statement do not constitute a crime;
- the person filed a fraud complaint too late - the statute of limitations for criminal prosecution was missed;
- the person suspected of fraud has died.
Fraud: concept (briefly)
Fraud in the Criminal Code of the Russian Federation means a crime that is the theft of property belonging to a person or organization, as well as the acquisition of rights to such property by deception, abuse of trust or misleading the owner. Regardless of the method of fraudulent actions: sending SMS messages, winning the lottery, scam with an apartment, fraud with a car accident, the Criminal Code of the Russian Federation provides for certain liability for committing such deceptions.
Fraud in the Criminal Code is regulated by Article 159. The document gives the basic concepts of the crime, determines the degree of its severity and establishes punishment for committing an unlawful act. The limitation period is regulated by Article 79 of the Criminal Code of the Russian Federation, from which you can find out after what period of time it will become impossible to hold the offender accountable for the crime.
How to correctly file a complaint about fraud to the prosecutor's office or court
Filing complaints to law enforcement agencies is the inalienable right of every citizen. It is worth remembering that the prosecutor’s office, as part of its inspections, gives a legal assessment of the situation under consideration, the court resolves civil cases on the basis of claims, criminal cases - on the basis of materials from the investigation and the prosecutor’s office. Thus, in any case, the investigative authorities of the Ministry of Internal Affairs of the Russian Federation will be involved in the investigation of fraud.
However, contacting the prosecutor's office is advisable depending on the nature of the fraud. A particularly large amount of theft during fraud or the involvement of several large legal entities may indicate a combination of several crimes.
In general, contacting the prosecutor's office involves submitting an application in free form; a template or example is also not established.
In the framework of a criminal case, the injured person has the right to initiate a civil claim during the consideration of the criminal case. The plaintiff must prove what kind of property damage the fact of fraud caused him. The lawsuit will be heard by the same judge as the criminal fraud case.
Statute of limitations for fraud
The statute of limitations is a time period before the termination of which a victim of fraud can claim violated rights and demand their protection. The end of such a period is a significant reason for refusing to initiate a case and releasing the offender from criminal liability. However, the expiration of the statute of limitations for fraud is not a reason for the court to refuse to accept a claim.
Also read: Fraud under Article 159 Part 4 of the Criminal Code
Committed by a group of persons
For fraud that was committed by a group of swindlers, the law also establishes severe punishment, recognizing such an act as serious (according to Part 4 of Article 159). The perpetrators can be imprisoned for 4 years, and in case of particularly large damage, for 10 years. The statute of limitations for this type of fraud will be 6-10 years, depending on the amount of damage.
In extra large sizes
Regarding the statute of limitations for fraud, it can reach 10 years if the crime is considered serious. For such qualification, it is necessary that the criminals take possession of property worth more than a million rubles.
According to loan agreements
This type of deception can be punished differently depending on the number of participants in the crime and the amount they stole.
If the fraudster acted alone, the maximum penalty would be imprisonment for 2 years. The statute of limitations for this case will also be 2 years.
If the scam was committed by a group of people, but the amount of the stolen goods does not amount to major damage, then they will be imprisoned for 4 years, and the statute of limitations will be 6 years (as for all crimes of medium gravity).
Large-scale fraud starts from the amount of 250 thousand rubles. Criminals can receive a sentence of up to 5 years, and the statute of limitations will be 6 years.
Finally, a particularly large amount of stolen goods (more than 1 million rubles) will lead to 10 years in prison and a similar statute of limitations.
In case of harm to health
A special case involves fraud, during which the victims suffered not only material damage, but also harm to their health. In this case, the offense will be qualified under Articles 111-115. Such acts have no statute of limitations.
For a minor offense
Any schemes of simple fraud that do not have aggravating circumstances are classified as minor offenses. The term of imprisonment and the statute of limitations for them is 2 years.
