Responsibility for economic crimes in Russia

The financial sector involves close handling of funds. There are specialists who are involved in planning expenses and generating income from a particular enterprise.

Sometimes people turn to illegal profit-making tools in an attempt to enrich themselves. Sooner or later, this brings them to the dock, since financial fraud is a criminal offense.

In criminal law, you can find provisions that describe one important aspect - the statute of limitations. Don’t be surprised, such a provision is also provided for economic crimes.

In simple words, if at the end of a specific time the guilty person has not been brought to justice, it means that they will no longer be able to bring him to justice. Let's talk about this in the next post.

Deadlines in Russia

According to Article 78 of the Criminal Code of the Russian Federation, a person who has committed a crime is exempt from criminal liability if the time limit has already expired from the date of the crime.
Here are the deadlines that must expire in order for a person to no longer be punished:

2 years if a minor crime was committed;
6 years if the person committed a crime of average gravity;
10 years in case of committing a serious crime;
15 years if a person has committed a particularly serious crime.

Theft

According to the criminal code, theft is equivalent to theft of property. Accordingly, it is also regarded.

Property theft can vary in severity. For example, theft provided for in paragraph 1 158 of Art. The Criminal Code of the Russian Federation can be classified as a crime of minor gravity.

The remaining paragraphs of this article imply that the person has committed a crime of moderate gravity. For example, this may include theft of property with entry into premises, theft by prior conspiracy.

This also includes theft from hand luggage that is with the victim.

Such a crime is already medium in severity, since it is punishable by imprisonment for up to 6 years.

Fraud

Fraud is described in detail in Article 159 of the Criminal Code of the Russian Federation. If it is simply fraud, then it is considered a minor crime.

If fraud is committed by a group of persons, then it is already classified as a crime of medium gravity. There are many nuances here; you need to understand who exactly committed the fraud and to what extent it was committed. Article 159 very succinctly describes the offense of fraud.

Fraud on an especially large scale is defined by paragraph 4 159 of Art. of the Criminal Code of the Russian Federation. It can be considered a serious crime, according to Article 15 of the Criminal Code of the Russian Federation. Accordingly, the statute of limitations for such a crime will be 10 years.

Bribe

Receiving a bribe is regulated by Article 290 of the Criminal Code of the Russian Federation.

The maximum penalty for taking a bribe is specified in paragraph 6 of this article and can reach imprisonment of up to 15 years.

Accordingly, a crime such as taking a bribe can be equated to serious crimes.

It should be noted that not only receiving a bribe is also a criminal offense. According to Article 291 of the Criminal Code of the Russian Federation, giving a bribe is also a crime.

According to this article, the maximum penalty can reach 15 years of imprisonment; accordingly, in some cases this crime can be classified as a serious crime; accordingly, the statute of limitations for this crime can also reach 15 years.

Misappropriation and embezzlement

The perpetrator may be released from criminal liability, regardless of what part of the charge he is charged with, if the statute of limitations for bringing to criminal liability has expired, which is from the date of commission of the crime:

for part 1 – 2 years;
for part 2 – 6 years;
for Part 3 and Part 4 – 10 years.

Suspension of deadlines

According to standard rules, the statute of limitations begins to run from the day the crime was committed. This period ends when the verdict of the judicial authority comes into force. This happens not only after the completion of the process in the first instance, but also after an appeal to a higher court.

This means that no action by investigative or judicial authorities can exceed the established statute of limitations. Even in the event of a conviction, if this period is exceeded, the person is exempt from criminal penalties.

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The statute of limitations continues to run only if the accused person does not evade the investigative authorities or the court. Otherwise, this period is stopped and resumed only when the person under investigation is found. The period is renewed only if there is a voluntary surrender or detention by law enforcement agencies as part of search efforts.

If a circumstance of evasion from punishment is identified, the time before this incident is summed up only with the period that begins after the announcement of the accused or suspected person. If the amount of time periods before the verdict comes into force exceeds the limitation period, criminal liability cannot be assigned. Otherwise, the person involved will be punished as part of the illegal acts.

Special circumstances apply to cases where the person who committed the crime, during the limitation period, was noticed for a new unlawful act in the same or another area. In this case, for the second or subsequent case, the limitation period is considered separately. This also happens for each individual episode, but the timing is not cumulative.

The concept of a statute of limitations does not apply to cases where the punishment for unlawful acts is life imprisonment or the death penalty (replaced by imprisonment in connection with the current moratorium). When committing such actions, the accused person, if proven guilty, can be brought to justice at any time. This does not directly relate to the economic sphere, but can be prescribed while committing violent acts.

There are also situations when the accused person himself applies for an extension of procedural actions if the statute of limitations has expired. In this case, the investigation or court proceedings continue as usual.

An important point is the defendant’s petition during the trial. If he does not request release from punishment due to the expiration of the period established by law, the conviction comes into force with all its consequences.

Classification

The types of economic crimes are very diverse. The first classification is the division of actions in the economic sphere into categories. There are crimes of minor and medium gravity, which is logical, also grave and especially grave, which are the most dangerous. This method of division is important for the qualification of the committed act and applies to any type of crime, while being delimited by the sanctions offered by the Criminal Code.

The second classification option is based on the scope of the subject. The main ones include crimes in the field of taxation, credit and settlement, official crimes related to abuse of power, in the field of foreign economics, using budget funds, as well as other options related to the country’s economy.

It is understood that each type in one way or another must cause damage to the financial condition of the state. This reveals the peculiarity of these types of crimes, which have specific features not only in qualification, but also in resolving the issue of criminal prosecution.

What punishment can you face?

If we talk about liability for an economic crime, it is determined in court and can be of two types:

administrative (implies issuing fines);
criminal (imprisonment for a certain term).

As for the specific amounts of fines and terms of imprisonment, they can be very different - everything in this case depends on the severity of the offense itself. The investigation of almost all economic crimes is carried out by a special department of the Ministry of Internal Affairs or, alternatively, its local offices. The Chief UBEP, as well as its territorial structural units, controls the operational development. Economic crimes have a statute of limitations

Legal consequences

The crime remains such in any case. However, expiration in criminal law excludes the possibility of conducting investigative actions and prosecuting the guilty person in court. State measures will not be applied to the citizen, and the legal status of a criminal record will not occur.

A person may refuse to stop a criminal trial due to the expiration of the statute of limitations. This is what people do who want to receive confirmation of their own innocence. If the court makes a guilty verdict, no punishment will be applied.

An economic crime is a socially dangerous action that implies an encroachment on relations of an economic or financial nature that ensure the production, sale and consumption of certain types of services and goods. In most cases, these crimes are committed to disrupt the operations of a business for personal financial gain.

Such violations of the law today are predominantly intentional. And if we talk about the signs of these offenses, then when drawing up the picture as a whole, objects and subjects are highlighted. The latter, which is characteristic, are within the strict framework of the generic subject.

From a legal point of view, all these crimes involve unauthorized entry into one of the sectors of the state market, including:

sales of products;
distribution;
exchange, etc.

In addition, business relations between enterprises can also act as an object. Here there is an illegal introduction into the process of bilateral (although there may be more parties) cooperation, and only so that the stable activity of a particular company is destroyed. Thanks to this, attackers have the opportunity to manipulate entrepreneurs and use their property at their own discretion.

Aggravating and mitigating circumstances

Criminals have the right to receive a reduced sentence:

underage;
pregnant women;
who are fathers or mothers of young children;
those who committed a crime due to difficult life circumstances;
committing an offense under duress;
provoked by the victim;
those who filed a confession and provided all possible assistance to the investigation;
providing assistance to the victim.

Note! In some cases, the repentance of criminals allows them to completely avoid punishment for petty fraud. This opportunity is available only to attackers who have committed a crime of up to moderate severity.

During the court hearing, the public prosecutor has the right to demand an increase in the term or amount of the fine in the presence of the following circumstances:

relapse;
the presence of serious consequences that resulted from fraud;
committing a crime in a group;
increased activity during the commission of an offense;
involvement of incapacitated or minor citizens in crime;
the presence of specific motives;
the victim was in the performance of his duty at the time of the fraud;
the victim is a pregnant woman or a defenseless person;
the use of measures of extreme cruelty during the commission of an atrocity;
use of official position;
use of government identification;
the crime was committed by a person who is the parent of a minor teenager.

Statute of limitations for administrative offenses of the State Traffic Safety Inspectorate

Traffic police fines, being administrative, must be paid within 2 months.
If payment is made within 20 days, the amount of the fine is halved (Administrative Code Art. 32.2, paragraphs 1, 1.3).

The countdown begins 10 days after the offender receives the order.

If the fine is not paid, the bailiff initiates enforcement proceedings (Administrative Code Article 32.2, paragraph 5). Upon the opening of SSP production, the draft dodger is given 5 days to voluntarily cover the debt (Federal Law No. 229 2007/02/10, edition 2016/01/10, Article 30, Clause 12). After this, all income and property of the debtor come into the view of the bailiff. If the amount of traffic police fines exceeds 10 thousand, the bailiff imposes a temporary ban on the debtor traveling abroad (Federal Law No. 229, Article 67, paragraphs 1, 3).

The statute of limitations for imposing a fine is 2 months (through the court - 3 months), and for collection (a common offense) it is limited to 2 years from the date of the decision to impose an administrative penalty. The following provisions are available for appeal:

10 days – with the head of the state traffic inspectorate;
60 days – in court.

If the inspector does not issue a fine on the spot, then after 2 months he cannot bring the offender to justice. After 3 months, the statute of limitations for this violation expires completely and irrevocably.

Example. M exceeded the speed limit on January 15, 2014, was stopped by an inspector and fined. The decision to impose a fine became effective on January 25, 2014 (it was not appealed). On January 26, 2014, the statute of limitations began to run, which expired on January 26, 2016. Over the past 2 years, no one bothered him (no measures were taken) or tried to forcefully bring him to justice.

The traffic cop’s demand to pay the “debt” presented to him after the named date is not legal, since M did not hide or evade (they didn’t even try to find him), and the statute of limitations had expired - the resolution lost its force.

The statute of limitations for CCTV fines is no different from traditional fines.

The only difference is the imposition of punishment for malicious non-payment. In this case, arrest for 15 days is not possible (Administrative Code Art. 20.25, paragraph 3).

Any administrative violation implies responsibility for the act and punishment, which is assigned by special authorized persons (bodies).

The limitation period for filing claims and imposing penalties is generally limited to 2 months. The limitation period for executing a foreclosure order expires after 2 years. This does not mean that you can “wait it out” and thus hide from responsibility. If a draft dodger is identified, the measures that will be applied to him are very severe.

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Additional questions

What else do those who have encountered fraud need to know?

Note that fraud is classified as a crime that is difficult to detect. Therefore, there are many subtleties and nuances here. It is very risky to independently declare your rights and try to recover damages from the culprit; it is better to contact a qualified lawyer. A specialist will help:

correctly determine the statute of limitations for a specific case;
highlight the requirements that must be satisfied as a result of the consideration of the case by the court;
correctly draw up a statement of claim and formulate your demands so as not to delay the legal process;
find out whether it is possible to extend the statute of limitations if a person did not manage to file a claim on time for certain reasons.

The lawyer will do everything in his power to protect the rights of his client and their full implementation. With its help, it will be possible to ensure that the crime case is considered in the desired direction. There is no point in trying to solve existing problems on your own, because in such cases, knowledge in the field of jurisprudence and practice in legal defense are important.

Even if you do not plan to use the services of a lawyer until the case is completed, you should definitely get at least an initial consultation to understand how to proceed and what measures to take. There are things where you can really handle it on your own, knowing what to do. But, in complicated fraudulent schemes, it is better to enlist the support of a specialist, significantly increasing the chances of success.

What to do if the statute of limitations has expired

Responsibility provided for in Art. 159 of the Criminal Code of the Russian Federation (for fraud), is qualified under the points of the article - from 100,000 rubles to imprisonment. Read more in the article here

If the time for filing a statement of claim has passed, the court has the right to refuse to consider the claim on the basis of Art. 199 Civil Code. But if the reason for missing the statute of limitations in a fraud case was valid, you can try to restore it. Extenuating circumstances must be related to the personality of the applicant and be a possible obstacle to the protection of violated rights. Some of them are given in Art. 205 Civil Code, namely:

serious disease;
illiteracy;
the helpless position of the plaintiff.

But the court may take other circumstances into account. How valid the specified reason is, the court determines in each case individually, taking into account all the circumstances. Of course, these facts will need to be confirmed by relevant documents when filing a petition to restore the statute of limitations. This could be a medical extract from a medical institution about the disease, a certificate of disability, etc.

Does the statute of limitations depend on the amount of damage caused?

The severity of the material damage caused is a defining feature for many crimes of this nature.
If we are talking about fraud on a large scale (up to 250 thousand rubles), then the statute of limitations can be 3-5 years. For persons who have committed fraud on a particularly large scale (from 1 million rubles), the period of prosecution can be as long as 10 years. For such criminals, the sentence can be up to 5 years in prison.

The concept of the category of economic crimes in the criminal law of the Russian Federation

Economic crimes are actions of citizens or legal entities that significantly undermine the commercial interests of the target of the attack. This is only a superficial definition, since the meaning of the article on economic offenses is very broad.

Directions in which economic offenses are expressed:

Entrepreneurial activity. Several articles in the Criminal Code establish liability for violation of commercial activities. So, in Art. 171 it is prohibited to carry out business activities that were not associated with official registration. Article 172 can also be classified as a business crime, since illegal banking activities are related to profit-making.
Violations related to the maintenance of financial documents. A striking example of the most common group of material crimes in Russia. Every year, various institutions register transactions involving the purchase and sale of property without subsequently entering this information into the Unified State Register.
Crimes related to the logistics of goods. If we compare the damage caused by illegal actions, then the illegal transportation of large volumes of goods causes the greatest number of losses for the state. Actions related to smuggling or illegal transportation of special equipment are criminal offenses.

Despite the widespread nature of acts in the field of economic activity, the investigation of such offenses often comes to a dead end. The constant improvement of mechanisms for falsifying papers, the complexity of collecting evidence and the lack of a universal system for solving crimes seriously complicates the work of investigative authorities.

At the same time, there are also positive dynamics. In particular, over the past year the level of economic crime in the country as a whole has decreased significantly. This is due, first of all, to the improvement of investigative methods of disclosure.

Compensation for damage caused by a crime

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ISSUES OF LIMITATION IN CASES OF COMPENSATION FOR DAMAGE CAUSED BY A CRIME

The Supreme Court of the Russian Federation recently adopted Resolution No. 43 dated September 29, 2015 “On some issues related to the application of the provisions of the Civil Code of the Russian Federation on the limitation period.” However, it did not even touch upon the issue of the rules for calculating the limitation period for civil claims brought in criminal cases or as a result of their results, although in practical terms it is very relevant. The very pressing issue of the beginning of the limitation period for claims for compensation for damage caused by a crime was also not touched upon.

Here it is necessary to distinguish several different situations from a process point of view.

Firstly, the victim can bring an independent civil claim against the person who caused the harm, or the person responsible for the actions of the harm-doer, without waiting to see whether the actions of the harm-doer will be recognized as a criminal offense or whether a criminal case will be initiated in this regard.

A civil claim brought in the usual manner is considered by the court according to the rules of civil procedure with the distribution of the burden of proof between the parties in accordance with civil and civil procedure legislation. The guilt of the harm-doer, as well as the illegality of his actions (inaction) are assumed in this case. Accordingly, to be released from liability, the defendant must prove the absence of his guilt (except in cases where liability occurs regardless of guilt) or his authority to cause harm.

The initiation of a criminal case on the fact of causing harm, if the actions of the harm-doer constitute a crime, as a general rule, does not affect the fate of the filed civil claim, which is considered in the usual manner, that is, regardless of the criminal case initiated. Accordingly, the initiation of a criminal case does not have any impact on the limitation period in this case.

However, if the court comes to the conclusion that it is impossible to consider the civil claim of the victim before resolving another case being considered in civil, administrative or criminal proceedings, then it is obliged to suspend the proceedings (paragraph five of Article 215 of the Code of Civil Procedure of the Russian Federation, part 1 of Article 143 of the Code of Arbitration Procedure of the Russian Federation).

After the verdict enters into legal force, the court resumes consideration of the civil claim. At the same time, the facts established in criminal proceedings, in accordance with Part 4 of Article 61 of the Code of Civil Procedure of the Russian Federation (Part 4 of Article 69 of the Arbitration Procedure Code of the Russian Federation) acquire prejudicial significance for the court considering a civil claim, as already indicated in the article, on two issues: (a) whether certain actions took place and (b) whether they were committed by a certain person.

Thus, a victim who learns about the harmful actions of a third party, regardless of whether these actions contain elements of a crime or not, has the right to bring an ordinary civil claim in civil proceedings. The law does not in any way connect the emergence of such a right with the prosecution of the defendant in criminal law. The very filing of a claim means that the limitation period has begun, otherwise it would have been impossible to bring a claim. The beginning of the limitation period will be determined on the basis of paragraph 1 of Article 200 of the Civil Code of the Russian Federation, that is, from the day when the victim learned or should have learned about the violation of his right and the tortfeasor.

In other words, if the protection of rights is carried out regardless of the criminal law classification and the victim brings a claim precisely in civil law, the beginning of the limitation period is actually determined on the basis of the general rule provided for in paragraph 1 of Article 200 of the Civil Code of the Russian Federation.

Secondly, a person who has suffered property damage due to a crime has the right to bring a civil claim in a criminal case.

Accordingly, a civil claim can be brought from the moment the criminal case is initiated until the end of the trial in the court of first instance. Therefore, for a civil claim brought within the framework of a criminal case, the beginning of the limitation period can be considered the moment the criminal case was initiated.

Thirdly, the victim has the right to file a civil claim for compensation for the harm caused to him by the crime, based on the results of the consideration of the criminal case.

A civil claim based on the results of a criminal case is brought in accordance with the rules of civil proceedings and is considered in the usual manner, but taking into account the prejudicial significance of the circumstances established by the court verdict in a criminal case.

Such a civil claim may be brought within three years from the date of entry into force of the verdict in the criminal case. In other words, it is believed that in this case, the limitation period begins to run only from the moment the actions of the tortfeasor are recognized as a crime in accordance with the procedure established by law.

Russian legislation does not contain special rules on the beginning of the limitation period for civil claims of persons whose rights have been violated by the commission of a crime, therefore, it would seem that in the case under consideration the general rule on the beginning of the limitation period, provided for in paragraph 1 of Article 200 of the Civil Code of the Russian Federation, should be applied .

This conclusion is also confirmed by the provision enshrined in paragraph two of paragraph 2 of Article 204 of the Civil Code of the Russian Federation (as amended on September 1, 2013), that if the court leaves without consideration a claim brought in a criminal case, then the course of the claim period that began before the filing of the claim the limitation period is suspended until the verdict, which left the claim without consideration, enters into legal force. (Before September 1, 2013, this rule was formulated slightly differently: if the court leaves without consideration a claim brought in a criminal case, then the running of the limitation period, which began before the filing of the claim, is suspended until the entry into force of the verdict by which the claim was left without consideration; time, during which the limitation period was suspended is not counted towards the limitation period. Moreover, if the remaining part of the period is less than six months, it is extended to six months (paragraph two of paragraph 2 of Article 204 of the Civil Code of the Russian Federation)).

From the above norm it clearly follows that the general rule of paragraph 1 of Article 200 of the Civil Code of the Russian Federation on the beginning of the limitation period also applies to cases where civil rights are violated through acts that in the future could potentially be recognized as crimes. On the contrary, any connection between the beginning of the limitation period in a civil claim and the criminal law qualification of the act from this provision cannot be traced.

Moreover, the very construction of a civil claim in a criminal case is based on the fact that the limitation period for such a claim begins before the verdict is passed, since otherwise filing a claim in a criminal case would be impossible.

At the same time, the approach of Russian courts to the issue of the beginning of the limitation period in cases where a civil claim is brought within the framework of a criminal case or as a result of its results differs significantly from those conclusions that can be drawn on the basis of a literal interpretation of the provisions of Articles 200 and 204 of the Civil Code of the Russian Federation. As established judicial practice shows, in these cases, civil claims, if there are appropriate grounds, are satisfied regardless of the statute of limitations, despite the fact that the crimes themselves, which caused this or that damage to the victims, were committed long before the filing of the claim. There is not a single court decision that would have denied a claim for compensation for damage caused by a crime due to the expiration of the statute of limitations, if the claim was brought within three years from the date the verdict in the criminal case entered into legal force (see: Features of calculation the beginning of the limitation period if harmful actions are also a crime (Sergeev A.P., Tereshchenko T.A.) (“Arbitration Disputes”, 2014, No. 4)).

To conclude the issue of the limitation period in cases of compensation for damage caused by a crime, it is necessary to point out that paragraph 9 of the mentioned Resolution No. 43 is devoted to the limitation period for claims for compensation for damage caused as a result of a terrorist act. The appearance of this clause is due to the presence in the law (clause 2 of Article 196 of the Civil Code of the Russian Federation) of a special indication that the ten-year limitation period does not apply to claims for compensation for damage caused by this crime. The Supreme Court of the Russian Federation, through simple logical reasoning, came to the well-founded conclusion that claims for compensation for damage caused as a result of a terrorist act are not subject to limitation at all.

LEGAL SIGNIFICANCE OF COMPENSATION FOR DAMAGE CAUSED BY A CRIME FOR VICTIMS AND FOR PERSONS WHO COMMITTED A CRIME

The resolution of claims for compensation for property damage and (or) compensation for moral damage, their actual execution or voluntary compensation for harm by those who committed a crime (without resolving the corresponding claim) for victims means the elimination of criminal consequences, the restoration of violated civil rights, which, of course, does not mean the automatic end of the criminal prosecution of those who committed the crime. The last word here always belongs to the state, its law enforcement and judicial authorities.

They are also called upon to encourage in every possible way compensation for harm from criminal actions in order to eliminate criminal consequences. The implementation of this task can be greatly facilitated by the establishment in legislation of incentive procedures that encourage convicted persons to compensate for the harm caused by the crime in exchange for a reduction in the term or amount of the imposed punishment.

The current Criminal Code of the Russian Federation already provides for a number of such measures. For example, voluntary compensation for property damage and moral harm caused as a result of a crime is a mitigating circumstance, and this circumstance stands out from other mitigating circumstances by its increased incentive potential (parts 1, 2 of Article 62 of the Criminal Code of the Russian Federation).

Full or partial compensation by the convicted person for the harm caused by the crime, in the amount determined by the court decision, is a prerequisite for the revocation of a suspended sentence and the removal of a criminal record from a convicted person (Part 1 of Article 74 of the Criminal Code of the Russian Federation), as well as for conditional early release from serving a sentence (Part 1 of Article 79 of the Criminal Code of the Russian Federation) and replacement of the unserved part of the punishment with a milder type of punishment (Part 1 of Article 80 of the Criminal Code of the Russian Federation). It must be especially emphasized that this obligation was introduced only recently.

According to the current Criminal Code of the Russian Federation, compensation for damage caused by a crime is a necessary condition for release from criminal liability: in connection with active repentance (Article 75 of the Criminal Code of the Russian Federation); in connection with reconciliation with the victim (Article 76 of the Criminal Code of the Russian Federation); in cases of crimes in the field of economic activity (Article 76.1 of the Criminal Code of the Russian Federation). However, not all accused have the right to release on these grounds, even with full compensation for the harm caused by the crime, since this is not the only mandatory condition for release. The mentioned incentive norms apply to persons who have committed a crime for the first time.

When making a conviction and imposing a sentence, including a suspended sentence, compensation for harm is taken into account as a circumstance mitigating the punishment. At the same time, the limits of this accounting are formalized in the criminal law only in the absence of aggravating circumstances: the term or amount of punishment cannot exceed 2/3 of the maximum term or amount of the most severe type of punishment provided for in the relevant article of the Special Part of the Criminal Code of the Russian Federation (Part 1 of Article 62 Criminal Code of the Russian Federation).

Federal Law No. 323-FZ of July 3, 2016 “On Amendments to the Criminal Code of the Russian Federation and the Criminal Procedure Code of the Russian Federation on Improving the Grounds and Procedure for Exemption from Criminal Liability” introduced the institution of exemption from criminal liability with the appointment of a judicial fine (Article 76.2 of the Criminal Code of the Russian Federation). The same Law introduced a new basis for termination of a criminal case or criminal prosecution in the Code of Criminal Procedure of the Russian Federation - termination of a criminal case or criminal prosecution in connection with the imposition of a criminal law measure in the form of a judicial fine (Article 25.1 of the Code of Criminal Procedure of the Russian Federation). In this case, the perpetrator must compensate for the damage caused by the crime or otherwise make amends for the harm caused by the crime.

To summarize, it is necessary to point out that the current legal regulation of issues related to compensation for damage caused by a crime and the consideration of a civil claim in criminal proceedings is clearly insufficient. Criminal procedural and other related legislation, the procedure for recording the results of consideration of criminal cases in terms of the responsibility of law enforcement officials and the court for ensuring the rights of the victim require additions and changes.

Let's hope that changes for the better are ahead.

MIKHAIL SLEPTSOV

, ATTORNEY, MANAGING PARTNER OF THE LAW OFFICE "SLEPTSOV AND PARTNERS", CANDIDATE OF LAW, ASSOCIATE PROFESSOR, HONORED LAWYER OF THE RF

Source of publication: information monthly “The Right Decision” issue No. 05 (187) release date of 05/21/2018.

The article was posted on the basis of an agreement dated October 20, 2016, concluded with the founder and publisher of the information monthly “Vernoe Reshenie” LLC “.

Main types of economic crimes

All crimes of this kind are divided into several types; let’s get acquainted with the features of each of them.

Crimes aimed at disturbing the balance in social relations

Such relationships, as is known, are a guarantee of high-quality financial and economic activities. The group of offenses itself includes three subgroups.

Crimes that violate public relations

The purpose of such relations is to protect the interests of private entrepreneurs. This category includes two subgroups.

Violations in which there is interference in the activities of private entrepreneurs, which, in turn, negatively affects many government agencies.
Violations involving interference exclusively in certain sectors of private enterprise.

Crimes targeting imbalances in resource distribution

The next group also includes two subgroups, let's consider them.

Violations in which attackers illegally interfere with property distribution, which negatively affects public relations.
Violations in which interference occurs exclusively in the property distribution industry.

Crimes affecting economic activity

We are talking about those attacks that are resorted to to obtain various kinds of material benefits.

Crimes encroaching on foreign economic relations

Finally, the last group includes those offenses that encroach on public relations, which, in turn, act as a guarantor of activity in the external economy.

Note! The classification given above represents only a partial division into types in the economic sphere. However, using this classification is the best option, allowing you to more accurately understand the characteristics of each group

What is a statute of limitations

A statute of limitations is a type of statute of limitations. It is the same for all offenses in the economic sphere and is 3 years. At the same time, tax authorities highlight the statute of limitations:

minimum (2 months);
shortened (no more than 1 year);
general (3 years).

This is an important concept not only for the offender, but also for the plaintiff. For the injured party, this is the period of time during which he has the right to apply to the court for help.

It can be general (lasts 3 years) and special (lasts less or more, it depends on certain factors).

Note that the limitation period begins from the moment the injured party learned of the deception. This period can be interrupted (occurs when the offender is hiding from the law), and then resumed.

Tax officials can hold an organization accountable (file a claim in court) only after:

conduct a tax audit;
draw up an act;
will send a notice to the taxpayer.

The law allows an exception to be made only when the statute of limitations or the guilt of the “violator” has not been proven.

Who risks the most?

The main risk concerns those individuals who avoid investigation or trial. This applies to cases of deliberate evasion, including traveling abroad. In this case, one cannot talk about the statute of limitations or the possibility of rehabilitation.

All this time, the accused, if there is significant evidence, will be considered the person who committed the crime. Moreover, this fact does not depend on whether a fair punishment was established.

In connection with the above circumstances, it is the investigators who must especially strictly monitor compliance with time periods. First of all, it is necessary to accurately establish all the articles and points under which the criminal is accused. This allows you to accurately determine the degree of guilt and maximum liability. The severity depends on these factors and the statute of limitations is set accordingly.

Articles:

Limitation period for compensation for moral damage and property damage

At what point does the limitation period begin?

When not applicable

Temporary restrictions on initiating legal proceedings do not apply to a number of criminal offenses.

Statutes of limitation do not apply to the following crimes:

Planning, organizing and carrying out terrorist attacks.
Planning and carrying out aggressive military actions, including the use of prohibited techniques.
Extermination of certain groups of the population in accordance with ethnic, religious, racial motives (genocide).
Violent actions against persons operating on the territory of international institutions (embassies, consulates).
Armed protests against the current government, carried out with the use of weapons.
Attempts against public and government figures.
Seizing power by violent means.

Is there a statute of limitations for murder? Find out the answer right now!

Fraud committed by a group of persons

If a group of people in conspiracy participated in the scam, the crime falls into the category of medium gravity. The statute of limitations for fraud in this case is 6 years.

However, it is necessary to distinguish from this type of theft those committed by an organized group. In this case, the act is already classified as serious, and the statute of limitations increases to 10 years.

Don't wait until the statute of limitations for fraud expires. If you are unsure how to protect yourself in the event of fraud, contact an experienced attorney. The lawyer will collect evidence of the guilt of specific individuals, file a statement with the police, have a criminal case initiated, monitor the progress of the investigation and, if necessary, appeal against the actions or inactions of law enforcement officers.

The specialist will also help with drawing up a statement of claim to the court for damages, represent your interests at the hearing and do everything to ensure that the verdict is passed in your favor. Together with a lawyer, you can punish the scammers and get your money back.

Time limits for prosecution under articles of fraud

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.

In summary: what are the types of fraud and the penalties for it?

The criminal legislation of the Russian Federation divides fraud into 7 large groups. Each variant of the crime is described in the relevant part of Article 159 of the Criminal Code of the Russian Federation. The size of the punishment for committing a crime depends on the scale of fraudulent actions, the number of criminals and the fact of use of official position.

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Limitation period

Now, after clarifying the basic definitions, let’s move on to studying the features of attracting criminals accused of the group of violations under consideration.

The statute of limitations for financial crimes is a legal institution that regulates the time limits for which punishment is likely to be imposed on the offender. This period starts from the moment the offense is committed.

As for the duration of this time period, the legislation here is guided by the severity of the offense. These points are indicated in Article 78 of the Criminal Code. General rules establish the following criteria in such situations:

minor violations require a 2-year waiting period;
acts of moderate gravity require a six-year sentence;
serious crimes carry a period of 10 years;
Particularly serious offenses increase the statute of limitations to 15 years.

These standards say that during the specified time the investigation has the right to collect evidence and transfer the case to court. If this period has expired, criminal proceedings will not be initiated due to the statute of limitations.

Important! In situations where the accused is absconding, the period in question is suspended. .

The statute of limitations for such offenses limits the period when the investigation has the right to bring the culprit to justice. Accordingly, such circumstances allow the renewal of the statute of limitations if the offender is likely to repent and turn himself in. The second option is to detain the offender by representatives of law enforcement agencies. Let’s look at the nuances of the time being described in more detail, because current legal standards require a set of specific characteristics.

Peculiarities

The standard described above for suspending the limitation period due to the impossibility of identifying the culprit is considered the first distinguishing feature. The same criterion is used in a situation with evasion of payment of a court fine, which is allowed by Art. 76.2. In this situation, we are talking about replacing criminal punishment for people who have committed an illegal act for the first time with economic sanctions.

The second feature that presupposes a statute of limitations for economic crimes is the court’s decision on the application of this measure to people facing capital punishment. This point is interpreted by lawyers as follows: if the court decides that it is impossible to apply the appropriate punishment due to the expiration of the statute of limitations, the defendant will avoid this fate.

Civil aspect

Now let’s look at the features of the statute of limitations for recovery of economic crimes in the field of civil law. This point becomes a logical criterion due to the specificity of the crime. Considering that financial fraud causes material losses to the injured party, the likely filing of a claim for damages cannot be ruled out.

In this situation, lawyers are guided by the general limitation period of three years. However, even in this situation, there is a possibility of suspension and extension of the specified time. In this case, the total period during which it will be possible to file a claim is 15 years. At the end of the specified time, the court rejects applications demanding compensation for damages.

What happens after the deadline expires?

According to paragraph 3 of Art. 24 of the Code of Criminal Procedure of the Russian Federation, if the statute of limitations for economic crimes expires, prosecution is not allowed. In this case, investigative actions or judicial proceedings are terminated, depending on the stage of consideration of the case.

The key point is the day the crime was committed. The period of limitation begins to count from this date. It does not matter the time when the consequences occur in the form of penalties, restrictions or imprisonment. This applies equally to representatives of commercial companies and individuals for tax offenses.

Responsibility and punishment in administrative law

Responsibility is considered as a compulsory obligation to act as prescribed by current laws, or to refrain from certain actions in the interests of society and the preservation of the established public order.

Otherwise, the violator will be held accountable before the court according to the law (legal liability).

Administrative liability is one of the types of legal liability and is regulated by the Code of Administrative Offenses (Federal Law No. 195 2001/30/12, edition 2016/05/12 and 2016/21/12).

Administrative responsibility

Any unlawful intentional or careless act that violates civil rights, morality, established public order, health, ecology, and all types of relations within society is classified as an administrative offense. . Administrative liability arises precisely upon the fact of an offense and leads to restriction of access to certain public goods:

Administrative liability arises precisely upon the fact of an offense and leads to restriction of access to certain public goods:

narrowing the scope of personal and legal freedom of the offender;
property and material costs;
belittlement;
damage to reputation and restriction of activities.

In some cases, administrative sanctions can be reduced to censure (Administrative Code Art. 2.9). Any citizen over 16 years of age can be held administratively liable (Administrative Code Art. 2.3).

Administrative punishment

Being a reasonable reaction of the state to an offense (violation), punishment serves as a measure of the responsibility of the “troublemaker.”
Punishment, which aims to restore justice and legal balance in society, has not only a punitive function, but also an exemplary and educational one - so that others are discouraged (Administrative Offenses Code Art. 3.1).

When determining the degree of punishment, they rely (CAP Chapter 4) on the nature of the administrative offense and its potential consequences for society, but they must take into account the identity of the offender (the status of the enterprise, if the culprit is a legal entity), his financial situation, mitigating and aggravating circumstances of the case.

Administrative sanctions may be expressed as follows:

censure (remark, reprimand, warning, etc.);
imposition of a fine;
deprivation of a special right (hunting, driving a vehicle, using special equipment) granted earlier, and confiscation of the weapon (object) that resulted in the offense;
arrest and forced labor (up to 30 days);
expulsion from the country (non-citizens of the Russian Federation);
disqualification (removal from position) and freezing of activities.

It is impossible to bring someone to administrative responsibility twice for one offense (Administrative Offences, Article 4.1, paragraph 5).

In case of a combination of violations considered within the framework of one process, the punishment is not summed up, but is assigned under a more stringent article (Administrative Offenses Code, Article 4.4, paragraph 2).

Punishment for fraud

Since the statute of limitations directly depends on the size of the sanction, we first consider what the penalty for this crime is. The punishment is influenced by the presence or absence of aggravating factors. These include:

fraud committed by a group of persons;
fraud using official position;
large or especially large amount of damage;
deliberate evasion of the terms of the contract;
deprivation of a citizen's housing.

In general, attackers face one of the following sanctions:

fine up to 120 thousand rubles;
compulsory work up to 360 hours;
correctional labor for up to a year;
restriction of freedom or forced labor for up to 2 years;
arrest up to 4 months;
imprisonment up to 2 years.

Damage of more than 5 thousand rubles is considered significant. In each case, the court determines this indicator based on the financial situation of the victim. Fraudsters face a maximum penalty of up to 5 years.

Note!
For large damage (from 250 thousand rubles) you can get up to 6 years in prison, and for especially large damage (more than 1 million rubles) - up to 10 years.

Statute of limitations for economic and tax crimes

Are there many scammers in Russia? The number of criminal cases against them is gradually decreasing. In 2014, more than 160,000 cases were registered, in 2013 – 4,000 more. Fraud with bank cards (SMS messages indicating that the card is blocked) and on the Internet is now flourishing.

Old types of fraud have not disappeared either - winning a prize, scams with apartments and cars, demands for compensation for equipment allegedly broken in a collision on the street. There are many examples. Whatever the fraud, it should be taken to court. And then the question arises of how quickly this needs to be done. You will get the answer here.

Concept and definition Fraud in the Criminal Code means the theft of property belonging to another person or organization, or obtaining rights to such property through abuse of the owner’s trust or deception.