The theft of money from a card is not a special case of theft; the law establishes a separate article. 159.3 of the Criminal Code of the Russian Federation, which provides for serious liability for such acts. Techniques for theft from bank cards are constantly being improved on the technical side, but criminals have not come up with anything radically new. Once the theft is detected, the card must be blocked. The easiest way to do this is by phone, but you can stop by a bank branch. To be sure that the bank has fulfilled its obligation, request a written response to your request that the card is blocked.
If the money is withdrawn after blocking, responsibility will fall solely on the employees of the institution. If criminals pay with a stolen card in a retail chain, it is necessary to send a claim to the store, citing the fact that the cashier violated the rules of payment systems by not checking the signature on the card with a document confirming the buyer’s identity.
The victims are not too interested in the punishment for the thieves. What is more important to them is the possibility of receiving compensation from a financial institution or insurance company. The sooner the victim reports the incident to the police, the greater his chances of returning the stolen property. When filing a complaint with the police, you should ask the officer on duty to give you a ticket to accept the complaint.
How do they steal money from bank cards?
The inattention of people plays into the hands of criminals: citizens often write down a secret PIN code on a piece of paper and store it along with the card itself. It turns out that if a wallet is lost, it will not be difficult for someone who finds it to withdraw money. If a criminal finds a chipless card, he does not withdraw cash, but can use the PIN code to buy goods in an online store.
Today, fraudsters install all kinds of readers on ATMs that scan the PIN code, and then use a duplicate card, which receives money. People also steal funds using mobile banking.
The technical side of bypassing the bank's security system in this case is different in that the cardholder's phone does not receive messages requiring him to enter a one-time key. Some mobile operators do not care about customer safety; scammers install a blocker, thanks to which an SMS with a code is sent not to the number linked to the card, but to the criminals’ phone. The victim can discover the details to which the money was received by receiving an account statement. As a result, it turns out that you did not perform the operation, you did not provide the code, but the money disappeared from the account.
Contacting the bank will not lead to a positive result, since the statement contains an indication of the transaction and the use of the code sent by it.
Fraudsters can withdraw other people's money from an account without having a card using the following methods:
- Phishing is a computer crime based on human weaknesses. Using spam technologies, confidential information is stolen from the user’s computer: account number, codes, passwords, PIN codes;
- skimming is a method of obtaining confidential information using various devices, for example, a skimmer attached to a slot, in order to obtain a PIN code, card number, information from a security chip. Then an analogue of the card is made and used to withdraw cash;
- shimming is a subtype of skimming. To steal secret information, it is not bulky equipment that is used, but a flexible circuit board.
Let's consider the composition of a simple fraud using electronic means of payment:
- Objective side: theft of other people's funds through the use of electronic means of payment. An electronic means of payment means a means or method that allows a citizen to draw up, certify and transmit orders for the purpose of transferring money within the framework of applicable forms of non-cash payments using information and communication technologies, electronic storage media, including payment cards, as well as others. technical devices (clause 19, article 3 of the Federal Law “On the National Payment System”). These include not only bank cards, but also, for example, electronic wallets.
- Object: property relations. As an additional object, we can consider public relations in the field of ensuring uninterrupted, efficient and accessible provision of money transfer services.
- Subject: a sane individual who has reached the age of 16 years.
- Subjective side: only direct intent, the goal is selfish.
Note that the previously considered article established liability only for fraud using bank cards. Since May 4, 2022, the disposition of the article has undergone changes.
Fraudsters stole money from a card: will the bank return it?
If a citizen knows who, where and when withdrew money from his account, he needs to contact the police at his place of residence, and then deal with the bank. The main document in this situation is the contract. If the credit institution itself did not report the debiting of funds by SMS notification, email or information via online banking, it will reimburse the losses in full.
Lawmakers believed that banks should pay attention to protecting their customers' money. A standard agreement, as a rule, contains a provision that the client is responsible for all transactions using the PIN code. It is difficult to prove the citizen’s non-involvement if the operation was carried out using a PIN code, since in this case it is considered that he voluntarily gave the card and PIN code to a third party.
Note!
If money was stolen from a card after its data was read by a skimmer, the bank that owns the ATM must return the funds.
The credit institution will avoid liability if it proves that the rules for using the card have been violated. This will be possible if the client has signed a document stating that he has read the payment security rules.
Criminal proceedings
In practice, this rarely happens, since it is usually possible to resolve the situation amicably by agreement. In the process of dialogue with the bank, a person understands responsibility and returns the funds. If the injured party contacts the police, a criminal case may be opened under one of the following articles:
- fraud;
- theft;
- unjust enrichment.
But still, there is no talk of theft or fraud here, because the person had no intention of appropriating other people’s property. Therefore, usually the case is still conducted for unjust enrichment. By law, the enriched person is obliged to return such money.
Everything usually ends in a court hearing, where in the vast majority of cases the bank is recognized as the injured party. And the defendant, in addition to the “extra” amount, is obliged to cover the plaintiff’s expenses for state fees and legal support. In addition, the bank is authorized to charge interest on this amount. So, if the ATM dispensed more money, there will be consequences, it is better to voluntarily return these funds as quickly as possible.
What to do if money is stolen from a card using Sberbank as an example?
Unfortunately, even such a well-known bank does not provide complete security for citizens’ money. When deciding on a refund, the following circumstances are clarified:
- the degree of negligence of the cardholder;
- use of a PIN code during the operation;
- initiation of a criminal case to establish the fact of fraud.
It is not possible to return money stolen in various ways in all cases. The relevant federal law defends the interests of bankers by establishing a rule that a credit institution is not responsible for the safety and security of money during transactions with a PIN code.
Note!
Be sure to contact the police if money was stolen from your card and the bank claims that the PIN code was used. If the theft is confirmed, the attacker will return the money.
If the bank refuses to compensate for the damage after the investigation, you can try to obtain compensation through the court, using the established judicial practice on this issue. To win the case, the cardholder must prove his non-involvement in the transaction and confirm that the bank was notified of fraudulent activities. In most cases, the claim is based on the bank providing a poor-quality and unsafe service.
If the client is provided with the rules for using the card, then this bulky document is written in small print. The court often refers to the letter of the Central Bank of the Russian Federation “On the risks of remote banking services,” which spells out the types of fraud and the bank’s obligations to inform the client.
Citizens often find themselves insufficiently informed, especially when it comes to a salary card issued by an enterprise or a credit card sent by mail. We recommend asking questions related to the theft of money to our lawyers by using the online application or calling the phone number listed on the website.
What to do when the ATM gives out more money
Bankers and lawyers agree. If the ATM dispensed more money, it is important to promptly contact the bank servicing the device and outline the situation. Well, if the ATM is located in a branch of this bank, then you just need to approach its employees.
If the device is located outside the office, for example, in a shopping center, then it always displays a support phone number where you can call with any questions. Call, describe the situation, they will tell you how to proceed. They may offer to either bring the “extra” money to the office, or put it on the same card so that it can be written off later.
How to return money stolen from a Sberbank bank card?
If you discover money missing from your account, contact the bank and the police at the same time. In your application to the credit institution, in addition to the request to return the money, indicate the need to find out the circumstances under which the write-off took place. You will be provided with an account statement with the latest transactions, from which you will determine how much, when and where you transferred. If the PIN code was used, you need to contact the police, if not, contact the bank for a refund. You can also recover money from him through the court.
If money is stolen not from a debit account, but from a credit account, the bank will demand a refund with interest. In any case, you need to contact the police. After verification, the criminal case materials indicating a fraudulent scheme are provided to the financial institution so that it stops demanding funds to which the client has nothing to do with the loss.
In many ways, the return depends on the bank: most often, law-abiding organizations that value their reputation return the money themselves without going to court.
What punishment and responsibility are provided?
The bank is not responsible for the actions of fraudsters. Employees have access to only part of the confidential information, and the client owns the rest of the data, so he is responsible for the result of the disclosure of secret information.
Theft of money from a card falls under Art. 158 of the Criminal Code of the Russian Federation. A citizen may find out that the money was withdrawn by a thief some time after the crime has been committed. The penalty depends on the amount of damage caused by the theft:
- fine;
- forced compensation for damage;
- deprivation of liberty.
If a credit card is stolen, a mandatory check is required. Art. 144 of the Code of Criminal Procedure of the Russian Federation requires the institution to compensate the client for the lost amount if an audit shows that theft occurred.
if the ATM cost more than 2000 rubles
If the stolen ATM cost more than 2,000 rubles, much more serious liability arises - criminal liability.
Criminal liability for ATM theft
For the theft of an ATM worth more than 2,000 rubles, the following liability is provided:
- a fine of up to eighty thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to six months;
- compulsory work for a period of up to three hundred and sixty hours;
- or correctional labor for up to one year;
- or restriction of freedom for a term of up to two years;
- or forced labor for up to two years;
- or arrest for up to four months;
- or imprisonment for a term of up to two years.
Legislative regulation
1. Theft, that is, the secret theft of someone else’s property, -
shall be punishable by a fine in the amount of up to eighty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to six months, or by compulsory labor for a term of up to three hundred sixty hours, or by corrective labor for a term of up to one year, or by restriction of liberty for a term of up to two years. , or forced labor for a term of up to two years, or arrest for a term of up to four months, or imprisonment for a term of up to two years. (as amended by Federal Law dated December 7, 2011 N 420-FZ)
2. Theft committed:
a) by a group of persons by prior conspiracy; b) with illegal entry into the premises or other storage; c) causing significant damage to a citizen; d) from clothes, bags or other hand luggage that were with the victim -
shall be punishable by a fine in the amount of up to two hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to eighteen months, or by compulsory labor for a term of up to four hundred eighty hours, or by corrective labor for a term of up to two years, or by forced labor for a term of up to five years. with restriction of freedom for a term of up to one year or without it, or imprisonment for a term of up to five years with restriction of freedom for a term of up to one year or without it. (as amended by Federal Law dated December 7, 2011 N 420-FZ)
3. Theft committed:
a) with illegal entry into a home; b) from an oil pipeline, oil product pipeline, gas pipeline; c) on a large scale, -
You can almost always return an item!
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shall be punishable by a fine in the amount of one hundred thousand to five hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of one to three years, or by forced labor for a term of up to five years with or without restriction of freedom for a term of up to one and a half years, or imprisonment for a term of up to six years with a fine in the amount of up to eighty thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to six months or without it and with restriction of freedom for a term of up to one and a half years or without it. (as amended by Federal Laws dated December 27, 2009 N 377-FZ, dated March 7, 2011 N 26-FZ, dated December 7, 2011 N 420-FZ) (part three as amended by Federal Law dated December 30, 2006 N 283-FZ)
4. Theft committed:
a) an organized group; b) on an especially large scale, -
shall be punishable by imprisonment for a term of up to ten years with or without a fine in the amount of up to one million rubles or in the amount of the wages or other income of the convicted person for a period of up to five years and with or without restriction of freedom for a term of up to two years. (as amended by Federal Laws dated December 27, 2009 N 377-FZ, dated March 7, 2011 N 26-FZ)
notes. 1. Theft in the Articles of this Code means the illegal gratuitous seizure and (or) conversion of someone else’s property for the benefit of the perpetrator or other persons, committed for mercenary purposes, causing damage to the owner or other holder of this property.
2. Significant damage to a citizen in the Articles of this chapter, with the exception of part five of Article 159, is determined taking into account his property status, but cannot be less than five thousand rubles. (Clause 2 as amended by Federal Law dated 07/03/2016 N 323-FZ)
3. In the Articles of this chapter, premises are understood as buildings and structures, regardless of the form of ownership, intended for the temporary residence of people or the placement of material assets for production or other official purposes.
In the Articles of this chapter, storage means utility premises separated from residential buildings, areas of territory, pipelines, and other structures, regardless of the form of ownership, that are intended for permanent or temporary storage of material assets. (as amended by Federal Law dated December 30, 2006 N 283-FZ)
4. Large size in the Articles of this chapter, with the exception of parts six and seven of Article 159, Articles 159.1, 159.3, 159.5 and 159.6, is recognized as the value of property exceeding two hundred and fifty thousand rubles, and especially large - one million rubles.
