Prevention of internal theft and fraud by personnel

Ensuring business security is a systematic effort to timely identify, prevent, and suppress the very plans of threats among criminals, competitors, and company personnel. That is, anyone who can cause material or image damage to the enterprise. Therefore, “threat” becomes a key concept in the work of the security service.

A threat to the security of a company is a potentially or actually possible event, process, action or phenomenon that can disrupt its stability and development or lead to the cessation of activities. We recently wrote about the principles of corporate security, we advise you to also read this article.

Corporate Security: 5 Basic Threats

Threat of theft

The possibility of theft of OTI elements and/or vehicles, which may render them unusable for use, threatening the life or health of personnel, passengers and other persons.

See what “Threat of theft” is in other dictionaries:

Threat of theft of elements of transport infrastructure facilities or vehicles - 9. Threat of theft - the possibility of committing theft of elements of technical equipment and/or vehicles, which can render them unusable for use, threatening the life or health of personnel, passengers and other persons. Source: Order of the Ministry of Transport of the Russian Federation N 52, FSB... ... Official terminology

THEFT OF NUCLEAR MATERIAL is an international crime under the Convention on the Physical Protection of Nuclear Material of 1980. C.N.M. poses a potential danger of its use to the detriment of many states, peoples and the environment. Convention... ... Legal encyclopedia

Transport security - Contents 1 Definitions 2 Federal law in the field of transport security ... Wikipedia

ROBBERY is a crime against property provided for in Art. 162 of the Criminal Code of the Russian Federation and which constitutes an attack for the purpose of stealing someone else’s property, committed with the use of violence dangerous to life or health, or with the threat of such violence. R.... ... Dictionary-reference book of criminal law

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Radioisotope thermoelectric generators - RTG (radioisotope thermoelectric generator) is a source of electricity that uses the thermal energy of radioactive decay. Strontium 90 is used as fuel for RTGs, and plutonium 238 is used for high-energy generators.... ... Wikipedia

RTG (radioisotope thermoelectric generator) is a source of electricity that uses the thermal energy of radioactive decay. Strontium 90 is used as fuel for RTGs, and plutonium 238 is used for high-energy generators. Abandoned... ... Wikipedia

RTG - RTG (radioisotope thermoelectric generator) is a source of electricity that uses thermal energy from radioactive decay. Strontium 90 is used as fuel for RTGs, and plutonium 238 is used for high-energy generators.... ... Wikipedia

Compulsion to actions of a sexual nature in the criminal law of Russia - Compulsion to actions of a sexual nature in the criminal law of Russia is an act that is criminal according to Article 133 of the Criminal Code of the Russian Federation. Criminal liability is established for inducing (forcing) a person to engage in sexual intercourse... ... Wikipedia

ECONOMIC SECURITY - the state of the system of economic relations between business entities (producers and consumers), individuals, government institutions both within the national economy and in the field of foreign economic activity,... ... Sociology: Encyclopedia

Source

What is meant by extortion?

Extortion refers to illegal actions committed with the aim of taking away property or obtaining other material value. The criminal may extort a bribe, money or other expensive item.

Distinctive signs of extortion

The main feature of a criminal act is the monetary or property demand made by the criminal. It can be presented in person, sent via the Internet, or voiced over the phone.

The demand always comes with a threat:

The crime is considered completed immediately after the threatening demands are presented. A guilty person who did not have time to realize his intentions is liable for attempted crime.

What types of crimes are provided for in Article 163 of the Criminal Code of the Russian Federation

Article 163 of the Criminal Code of the Russian Federation provides for several offenses that differ in severity and subject matter. Part 1 describes the “simple” elements of a criminal act, which is expressed in the form of a demand with a threat.

In accordance with part 2 of the article, punishment is imposed for an act committed:

The most serious consequences occur under Part 3 of Article 163 of the Criminal Code of the Russian Federation. Therefore, the most severe punishment is imposed for an act committed:

Extortion is often confused with other criminal offenses.

Degrees of development and stages of combating the threat

During the development of threats, they go through four stages: they arise, expand, stabilize, and then they are eliminated. The fight against threats takes place in five stages:

1. Definition of threat.
2. Determining options for implementing the threat, forming a model of a potential intruder.
3. Determining the probability of an event occurring.
4. Determination of possible damage from the threat.
5. Creation of a system of protection against the threat, including preventive measures (prevention and prophylaxis).

The difference between extortion and other crimes

Let us consider on what grounds the Supreme Court distinguishes extortion from robbery and robbery, coercion to a transaction, arbitrariness, banditry, fraud and theft.

From robbery and robbery

From coercion to transaction

When forcing a transaction, the suspect encroaches not on property, but on relations in the field of economic activity. The guilty party is interested in the occurrence of legal consequences of the transaction, which are mutual. The completed transaction has signs of bondage, imaginary or pretense.

From arbitrariness

Arbitrariness is the commission of a criminal act that is prohibited by law. In this case, the criminal does not demand any benefits from the victim. It may lack a specific goal.

From banditry

From fraud

In fraud, property is taken by deception or misrepresentation. The suspect does not make demands on the victim. The victim gives him the property, considering the actions lawful.

From theft

The theft is carried out by secret theft. Unlike extortion, the victim does not know the person who took his property. The criminal tries to hide in order to avoid prosecution.

To choose an effective method of protection against extortion, we recommend that you contact our lawyers. We will help you determine what crime was committed against you and file a complaint with law enforcement agencies.

Refusal to commit theft

The essence of voluntary renunciation of criminal intent is explained in paragraph 31 of the Criminal Code. Various actions are recognized as such:

• a person’s cessation of preparatory measures even before causing damage to the victim;
• refusal to bring the act to its logical conclusion;
• timely notification of law enforcement agencies about impending theft.

Attention: it is not enough to inform the police about criminal plans.
If the information does not interfere with their implementation, then paragraph 31 in the described part will not be applied during the investigation. The fifth paragraph states that the initiative of the criminal's accomplice will be regarded as a mitigating circumstance. Example 3 . Let's return to the above situation with employee D. and watchman I. Let's say that I., realizing the criminality of D.'s intentions and his responsibility, called the police. But law enforcement officers did not have time to detain the thief. He managed to sell the exported goods and spend part of the profit. There is a theft. Moreover, during the investigation, the guilt of both accomplices will be classified. I. is guilty of not interfering with D.’s plans immediately when he learned about them.

When investigating unfinished theft, the reasons for refusing it are identified. To apply paragraph 31, it is necessary to prove that the refusal occurred at the thief’s own will, and not under the pressure of circumstances.

Example 4 . R. decided to steal valuables from the safe. He climbed into the house, but was unable to open the vault. He had to leave the scene of the crime without causing damage to the owner. This development of events does not save us from responsibility. The subjective part of the guilt can be proven by the presence of plans to try again. In addition, objectively, the failure to complete the theft is due to the inability to cope with the lock.

According to the text of paragraph 31 of the Criminal Code, voluntary renunciation of criminal intentions exempts from criminal prosecution. However, it does not relieve responsibility for related violations of the law. A person will be convicted for the actions that he committed before realizing his guilt.

Example 5 . O. decided to steal a large sum of money from his relative L. He repeatedly came to L. in order to find out the situation and notice the place where he kept the funds. Having learned that L. was leaving for a week on a business trip, O. broke the door lock and entered the apartment. However, he did not take the money. At the last minute, he abandoned his criminal intent. Consequently, O. is not guilty of theft, but he will have to answer for breaking and entering.

Robbery (Article 161 of the Criminal Code of the Russian Federation) and Robbery (Article 162 of the Criminal Code of the Russian Federation)

Robbery or Robbery? These compositions have their own characteristics. But often the investigation charges citizens “with reserve”, for example, under Article 162 of the Criminal Code of the Russian Federation, which provides for liability for robbery, whereas in reality the actions of a person should be qualified under Article 161 of the Criminal Code of the Russian Federation as robbery. At the same time, robbery is considered a more serious crime and the sentences for robbery are longer than similar sentences for a similar offense for robbery. Let's figure out what is robbery and what is robbery and how a lawyer should act in such cases.

Robbery (Article 161 of the Criminal Code of the Russian Federation)

also looking for: Robbery Criminal Code, Robbery article, Robbery term

The objective side of robbery is characterized by actions consisting of open seizure of someone else's property.

The question of the open nature of theft of property, as in theft, is decided on the basis of a subjective criterion, i.e. based on the perpetrator’s own perception of the situation. “Open theft of someone else’s property, provided for in Article 161 of the Criminal Code of the Russian Federation (robbery), is such a theft that is committed in the presence of the owner or other owner of the property or in full view of strangers, when the person committing this crime is aware that those present at the time understand the unlawful the nature of his actions, regardless of whether they took measures to suppress these actions or not” (clause 3 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 27, 2002 N 29 “On judicial practice in cases of theft, robbery and robbery”)

Robbery (Article 162 of the Criminal Code of the Russian Federation)

also looking for: robbery article, theft robbery robbery, robbery serious crime

Robbery is the most dangerous form of theft. Its increased danger is due not so much to the fact of encroachment on property relations, but rather to the method of such encroachment - an attack combined with the actual use of violence dangerous to the life or health of the person attacked, or with the threat of such violence. The particular danger of this form of theft is determined by its two-object nature.

The immediate targets of robbery: firstly, the specific form of ownership, and secondly, the health of the person attacked.

On its objective side, robbery is an attack committed with the use of violence dangerous to the life or health of the victim, or with the threat of such violence.

Attack means an open or hidden unexpected aggressive and violent impact on the owner, another owner of property, or on another person, for example, on a watchman. An attack can be of a disguised nature (stab in the back, from cover), and can also be expressed in an overt or secret impact on the victim with nerve-paralytic, toxic or intoxicating agents introduced into the victim’s body against his will or by deception in order to put him in a helpless state ( paragraph 4, paragraph 23 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 27, 2002 N 29). Such methods of influence may not be realized by the victim, however, they continue to be an attack. Conversely, the influence of alcohol, drugs or intoxicants on the victim cannot be considered an attack if they were taken by the victim voluntarily.

Violence is considered dangerous to life if the method of its use created a real danger of death, even if it did not cause any real harm to health (for example, suffocation, prolonged holding of the victim’s head under water, etc.).

The most important circumstance for qualifying an act is the victim’s subjective perception of the nature of the threat expressed to him. If the circumstances of the crime indicated that there was a real danger to the life or health of the victim, then even if the nature of the threat is uncertain, the act should be classified as robbery.

On its objective side, robbery is a special form of theft, which does not fall under its general definition. If any other form of theft is characterized as an unlawful and gratuitous seizure of someone else's property, then robbery is defined in the law not as a seizure, but as an attack for the purpose of stealing someone else's property.

The peculiarity of robbery is that the fact of seizure of property and causing property damage to the victim are beyond the scope of the objective side of this crime; robbery is recognized as a completed crime from the moment the attack begins (clause 6 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 27, 2002 N 29). This uniqueness of the composition makes the attempted stage of this crime impossible.

The subjective side of robbery is characterized by guilt in the form of direct intent, selfish motive and the purpose of stealing someone else's property.

The crime of robbery contains the following qualifying features:

When committing a robbery using these items, the danger to the life or health of the person attacked becomes much more real.

The instruments of crime in armed robbery may be:

Weapons in the proper sense (firearms, cold steel, pneumatic and gas) are specifically designed to hit a target and have no other, for example household, purpose (Article 1 of the Federal Law of December 13, 1996 N 150-FZ “On Weapons”).

The sixth sign (clause “b”, part 4, article 162 of the Criminal Code) reflects the specifics of the legislative structure of robbery. If in other forms of theft the size characterizes the quantitative aspect of the actual property damage caused (i.e., the consequences), then in relation to robbery, a particularly large amount of theft constitutes the goal (subjective characteristic) of the crime, since the consequences go beyond the objective side of the robbery. The quantitative characteristics of especially large size during robbery are determined by Note 4 to Art. 158 of the Criminal Code.

This type of robbery means that serious harm to health is inflicted on the owner, another owner of property or other persons in order to overcome their resistance or for the purpose of retaining property immediately after its seizure. However, assault on life goes beyond the scope of this crime and requires independent qualification. Therefore, intentional causing of death in the course of a robbery, in addition to the article on robbery with the infliction of grievous bodily harm, is additionally qualified under paragraph “h” of Part 2 of Art. 105 of the Criminal Code.

Characteristics of preparation for theft

When studying preparation for committing theft, two sides are also distinguished. They can be described in more detail. The main features are shown in the table:

Hint: inaction leading to the taking of property is also considered intentional and illegal.

Features of establishing

In the legal field, it is quite difficult to uncover and prove the preparation of theft. To do this, it is necessary not only to confirm the presence of intent on the part of the suspect. You also need to prove:

• that a person had the opportunity to take possession of someone else's property;
• he had the necessary tools for this;
• another crime was planned.

As a rule, an attempt is classified somewhat differently. It is considered that such an act has been detected if there is a time gap between the beginning of the actions of criminal elements and the final result. Moreover, bringing the intention to completion is the opportunity to appropriate someone else's property. But this does not always happen due to circumstances that the thief is not able to influence.

Example 1 . Citizens S. and A. planned the theft of valuables from the house. N. S. had to climb into the apartment through the window and hand over the property to A., who was waiting in the yard. The start of the action was planned for a time when N. was at work and no one was home. And so they did. However, N. fell ill and returned from service earlier than planned.

N. caught the criminal in the apartment when he collected valuables near the open window. He detained the villain and called the police. Thus, the criminal act could not be completed. The actions of S. and A. were qualified as an attempt. After all, they could not take possession of the property.

Example 2 . D. worked in a warehouse. He planned to steal goods for the purpose of enrichment. He became friends with the watchman I. due to the joint drinking of alcoholic beverages. I found out when I. would start his shift again and arrived at the warehouse in his personal car, taking two bottles of vodka. He handed the alcohol to a friend, explaining his intention.

I. did not prevent the theft. D. loaded the goods into the car, but was unable to take it out of the territory. The comrades were taken by surprise by the head of security who came to check on I. This act was classified as an assassination attempt. Moreover, both were found guilty. D. organized the crime, I. contributed to it through his inaction, although he was aware of the illegality of the actions.

The role of a lawyer in the investigation and consideration in court of criminal cases in cases of robbery and robbery.

First of all, I would like to say that the defense in this category of cases is quite complex, since if the crime was committed in conditions of obviousness (the presence of witnesses to the robbery or robbery, the testimony of the victim who identified the person who committed the crime, the seizure of stolen property, etc.), then prove innocence the person held accountable is quite difficult. In this case, we are not talking about when a person is accused of committing one of the above crimes, but committed it.

Employee classification

Eight out of ten crimes involve workers. To determine the degree of risk associated with each employee, a classifier is used - the concept of risk:

Reduced risk

Employees who are unlikely to compromise their honor and dignity are usually 10% in the company (Russian statistics in this case correspond to global ones). They are sensitive to public opinion and value their reputation.

Acceptable risk

People who could, under certain conditions, fall into temptation, but in their beliefs are close to the first group. They will not commit an offense if appropriate control measures are in place. There are about 80% of them and it is with them that constant preventive work needs to be carried out.

High risk

Dangerous criminals. They will create conditions for theft even with strict control measures in the company. There are also 10% of them.