Pros and cons of using the Internet to file a fraud report
Pros:
- No connection to the working hours of organs.
- A homely environment that allows you to calmly present the circumstances.
- An alternative to a personal visit when the latter is not possible (for example, due to illness).
- Reducing time costs.
Minuses:
- The need to register or log in, which often causes difficulties.
- Problems with the Internet portal.
- Problems with connection.
What to do if they refuse to initiate a case?
The most common reason for refusal to accept a police report about fraud is that the applicant cannot prove the amount of damage caused. If a law enforcement officer does not accept a statement, it is important to remember that:
- Any action of a government representative can be appealed to higher authorities;
- A complaint against the actions of a police officer must be accepted in any case;
- At the time of refusal, Art. Art. should be appealed. 144, 145 of the Criminal Code of the Russian Federation (the procedure for considering reports of a crime and the list of decisions made on them).
How to report fraud online
Before contacting law enforcement agencies, you should make sure that fraud has been committed against you. Consider the distinctive features of the offense - the intent of the offender, his obtaining benefits and deceptive methods.
Reporting fraud to the police
You can report violations of rights and freedoms online on the State Services portal (www.gosuslugi.ru). Sign in to your account and then:
- Among .
- In the new window, click the “Accepting statements of violations” tab.
- Open the item “Reception of statements, reports of crimes and other information about the incident.”
- Enter all the required information and click “Submit Application”.
Attention! If you are not registered with State Services, you will first need to create an account.
Important! Messages without indicating the last name, first name and patronymic of the person who wrote them are not processed.
How to file a police report through State Services on the Ministry of Internal Affairs website
- Follow the link: https://mvd.rf/request_main.
- Select Ministry of Internal Affairs and Continue.
- Read the notice, check o and click “Submit Appeal”.
- Fill out the form.
- Attach the files, repeat the alphanumeric combination and click “Submit Appeal”.
You can clearly see the sequence of actions at the following link:
To the prosecutor's office
The form for contacting the prosecutor's office is available at the link: https://ipriem.genproc.gov.ru/contacts/ipriem/.
Follow it and then:
- Read the information and click “Agree.”
- Fill the form.
- Attach additional documents and submit.
Reporting fraud to the police: contents
Fraud is the theft of property or money through deception or abuse of trust (Criminal Code of the Russian Federation, Article 159. Fraud). The police officer is required to fill out an application (Article 12. Responsibilities of the Police) which must indicate:
- Victim details: full name, telephone number, residential address, place of birth (Code of Criminal Procedure of the Russian Federation Article 141. Statement of crime);
- Data of the official to whom the application is sent indicating position and rank. Usually the application is filled out in the name of the head of the police department.
- The name of the document being sent is indicated, in this case it is “Application”;
- Next, the essence of the crime that occurred should be described in detail and in as much detail as possible. Be sure to indicate the exact sequence of your actions and the actions of the attacker. It is necessary to indicate the time of the incident (by the hour), all the characters involved;
- If there are any copies of documents relevant to the case, these must also be attached to the police report for fraud;
- Assistance in drawing up should be provided by a police officer:
- After describing the events, you should indicate the article under which a criminal case should be initiated - the Criminal Code of the Russian Federation Article 159. Fraud;
- A note is made that the applicant has been warned of the consequences for a knowingly false denunciation (Code of Criminal Procedure of the Russian Federation, Article 141. Statement of a crime);
- The document is dated and signed;
- If there are documents attached to the application, they are also indicated;
IMPORTANT! After writing the application, a resolution to initiate a criminal case follows (Code of Criminal Procedure of the Russian Federation, Article 146. Initiation of a criminal case of public prosecution).
Procedure for contacting the police
The sequence of actions, as well as the standard form of treatment, are the same regardless of the type of crime. Therefore, for the success of the event, you must follow the instructions.
Try to provide as much information as possible
Describe exactly the circumstances of the crime. If we are talking about a monetary amount, indicate it as accurately as possible. The same applies to the time of the offense. Do not ignore this instruction, otherwise your application will not be accepted.
Control deadlines
Police officers have 3 days to make a decision on the application. During this period, it is better for the victim to come to the department and inquire about how the case is progressing. You can provide additional information.
Reporting fraud to the police: deadlines for consideration
Requirements for the timing of consideration of a criminal case and for the acceptance of any applications are enshrined in Art. Art. 144, 145 of the Criminal Code of the Russian Federation. An allegation of fraud must be reviewed by a police officer within 3 days. At the end of this process, a decision must be made on further activities. If the fact of the offense has been confirmed, a criminal case is initiated. In this case, the applicant must be notified of this in writing.
If a law enforcement officer needs time to gather additional information, the review period may be extended to 30 days. However, the category of cases related to fraud is in most cases initiated within 3 days.
What is fraud
The Criminal Code defines fraud as the taking of property or rights to it through deception or abuse of trust.
Today, separate punishments for this crime exist in the spheres of banking, business and insurance activities.
In addition, certain articles of the Criminal Code provide for liability for fraud in the field of social benefits and computer technology.
From life, there are enough examples of abuse of trust. For example, an acquaintance borrowed money and does not pay it back.
There are many ways to scam people over the phone and on the Internet. Let’s say a person paid money for a product in an online store, but it didn’t arrive. Many elderly people are robbed of their money by swindlers under the guise of social service workers.
Liability for fraudulent actions is aggravated by the amount of damage, as well as the number of persons involved in the crime.
For example, for deception committed by a group, a completely different punishment is provided. In addition, minor (within 1000 rubles) fraud may result in administrative liability.
We recommend! Initiation of a criminal case for fraud, from what amount the case is opened
Application processing time
An application for committing a crime is considered within certain time limits. They are spelled out in Articles 144 and 145 of the Criminal Code of the Russian Federation . Having submitted an application, it will be considered within three days after receipt. Law enforcement agencies provide an opinion on the decision. If the circumstances are confirmed, the result of reviewing the document will be the same - the opening of a criminal case. The response to a statement to the police about the commission of a crime must come in writing.
There are situations when the application is considered a little longer. For example, within 10,15 or even 30 days. But the 30-day period is the maximum that the law provides. In addition, this term can only be used if it is necessary to collect additional information. If the victim has provided as much information as possible when filing a fraud claim, there is no need to spend extra time collecting new data.
The application must include information about the damage caused. You need to reflect a specific amount. In addition, the document must indicate whether the damage is significant or not. This is important for qualifying the crime, since if it is significant, the crime will be more serious. In this case, significant damage cannot be less than 5,000 rubles.
Who should I report fraud to?
Lawyer Antonov A.P.
In order for justice to prevail, any victim of fraud should file a complaint with the relevant authorities, who, depending on the situation, are authorized to perform the following actions:
- police - identify and find the intruder;
- the prosecutor's office - to establish the guilt of the violator of civil rights and legality;
- the court - determine the measure of restraint and the procedure for its application to the offender.
Based on the direction of activity, when deciding to write a statement regarding circumstances that led to the loss of money or property as a result of deception or one’s own gullibility, the victim should remember the following.
— The police are engaged in the primary collection of evidence, evidence and the search for the perpetrator in order to initiate a criminal case and transfer it to the prosecutor’s office, therefore, if the perpetrator is unknown and there is no evidence of malicious intent, this is where you should contact.
— The prosecutor’s office has broad powers and, in addition to investigating facts of criminal acts submitted to it by the police, is competent to conduct inspections of any organizations and institutions if an appropriate application is written requesting an audit.
— When there is no need to look for the culprit, and the evidence has been collected, you can, bypassing the previous stages, proceed directly to punishing the fraudster by filing a statement of claim with the appropriate judicial authority, which must necessarily be preceded by an attempt at pre-trial resolution of the dispute.
As soon as the deceived individual realized that he had been misled and the money lent or the property provided had disappeared forever, he should immediately contact the nearest police department, whose employees, regardless of territorial affiliation, must accept statements from affected citizens. If the victim lives in the territory under the jurisdiction of the department, then the search actions and collection of evidence will have to be carried out by them, otherwise all documents, including the protocol, statement and any additional materials, will be transferred to the authorized police department.
Sincerely, lawyer Anatoly Antonov, managing partner of the law firm Antonov and Partners.
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So, let's summarize
- It is better to submit a fraud report in person to the police department at the place where the crime was committed;
- the appeal should indicate the essence of what happened, specifying the date of the unlawful act, the amount of damage, etc. The more detailed the circumstances are, the greater the likelihood of initiating a criminal case;
- documents that are attached to the application must be of a crime-confirming nature;
- if you have not been served with a resolution to initiate or refuse to initiate a criminal case, you can contact the police, providing the coupon number issued when registering the message;
- If a fraud case has not been opened and you do not agree with this, then the relevant decision can be appealed to the prosecutor’s office in accordance with Art. 124 of the Code of Criminal Procedure of the Russian Federation, to court - in accordance with Art. 125 Code of Criminal Procedure of the Russian Federation;
- if the prosecutor’s office does not agree with your arguments, then further appeal is possible to a higher prosecutor’s office or to the court;
- If the court did not satisfy your complaint, then you have 10 days to appeal to the regional court.
What to do if a person becomes a victim of scammers
Where to write and file a fraud report? When a person encounters scammers, he needs to contact the police department or the police at his place of residence and report the crime.
Before writing it, it is recommended to study the relevant articles of the Criminal Code of the Russian Federation or seek the help of a criminal lawyer. This must be done in order not to make a mistake in accusing the alleged criminal.
In addition, all evidence of misconduct should be collected.
It can be:
- money transfer receipts;
- receipts and contracts;
- screenshots of correspondence on social networks and email.
If the victim has become a victim of scammers on the Internet, then savvy users can take screenshots from the relevant pages.
After the preparatory work has been done, it’s time to file a statement with the police regarding fraud from an individual or legal entity. It should be submitted to the department at your place of residence in person or sent by mail.
When an organization applies to the Internal Affairs Directorate, the application is signed by the director.
Next, you need to be prepared to talk with the investigator or interrogating officer and give evidence directly in the office. According to the law, an appeal to the police about fraud is considered within 3 days, the maximum period is from 10 to 30 days (Article 114 of the Code of Criminal Procedure of the Russian Federation).