Major damage: legal definition, amount, articles of the Criminal Code and legal aspects

Qualification of crimes against property causing significant damage

S.V. Sklyarov Professor of the Department of Criminal Law of the Russian State University of Justice, Professor, Doctor of Law (Moscow)

Sergey Valerievich Sklyarov,

Significant damage as a sign of the main element of a crime or a qualifying sign is used by the legislator in eight provisions of Chapter 21 “Crimes against property” of the Criminal Code of the Russian Federation (hereinafter referred to as the Criminal Code of the Russian Federation). Six norms deal with causing significant damage to a citizen (clause “c” of Part 2 of Article 158, Part 2 of Article 159, Part 2 of Article 1593, Part 2 of Article 1595, Part 2 of Article 1596 , part 2 of article 160), in two (part 5 of article 159 and article 167 of the Criminal Code of the Russian Federation) - on causing significant damage to both a citizen and a legal entity. Moreover, in the norms where we are talking about causing significant damage to a citizen, this sign is formulated as “causing significant damage to a citizen”, and in the norms where we are talking about causing significant damage to both a citizen and a legal entity - “if this act entailed causing significant damage" (Part 5 of Article 159 of the Criminal Code of the Russian Federation) or "if these acts entailed causing significant damage" (Article 167 of the Criminal Code of the Russian Federation).

At first glance, it may seem that precisely in such formulations lies the difference in the essence of the sign of significant damage: in those cases where the norm of the criminal law sounds like a crime causing significant damage to a citizen, the law enforcement officer must take into account not only the amount of direct material damage, but also the property status citizen, and where there is a crime that caused significant damage, the law enforcement officer

takes into account exclusively the amount of direct material damage that may be caused as a result of the commission of a crime to both an individual and a legal entity.

At the same time, in accordance with Note 2 to Article 158 of the Criminal Code of the Russian Federation, significant damage to a citizen in the articles of Chapter 21 “Crimes against property”, with the exception of Part 5 of Article 1 59 of the Criminal Code of the Russian Federation, is determined taking into account his property status, but cannot be less than five thousand rubles Thus, in one norm (Part 5 of Article 159 of the Criminal Code of the Russian Federation) significant damage is an objective criterion for assessing the damage actually caused by the crime without taking into account the financial situation of the victim and, according to Note 1 to Article 159 of the Criminal Code of the Russian Federation, amounts to at least ten thousand rubles.

According to Note 5 to Article 159 of the Criminal Code of the Russian Federation, parts five to seven of this article apply to cases of deliberate failure to fulfill contractual obligations in the field of business activity, when the parties to the contract are individual entrepreneurs and (or) commercial organizations. This means that significant damage in the amount of ten thousand rubles or more, as an objective sign of fraud, does not apply to all citizens and legal entities, but only to individual entrepreneurs and commercial organizations, provided that they are parties to a civil contract.

According to the meaning of the law, if one of the parties to the contract and at the same time the victim is an individual who is not an individual entrepreneur, or a non-profit organization (public organization, budgetary institution, government agency, etc.), then the actions of the perpetrator if he commits fraud will be classified as under parts one - four of Article 159 of the Criminal Code of the Russian Federation.

At the same time, based on the content of Part 1 of Article 167 of the Criminal Code of the Russian Federation, criminal liability for the intentional destruction or damage of someone else’s property occurs if these acts entailed causing significant damage either to a citizen, regardless of whether he is an individual entrepreneur or not, or to any legal entity, regardless of his status as a commercial or non-profit organization. But if the lowest threshold of significant damage to a citizen in accordance with Note 2 to Article 158 of the Criminal Code of the Russian Federation is determined in the amount of five thousand rubles, taking into account his financial situation, then in relation to a legal entity in the event of deliberate destruction or damage to someone else’s property, the minimum amount of significant damage is not determined by law, but at the same time, it is also necessary, as the Plenum of the Supreme Court of the Russian Federation explained, to take into account the financial and economic condition of the legal entity that was the owner or other owner of the destroyed or damaged property (see).

Thus, significant damage as a sign of a crime against property can be divided into the following types:

1) according to the degree of public danger:

• significant damage as a sign of the main element of the crime (Part 5 of Article 159, Article 167 of the Criminal Code of the Russian Federation);

• significant damage as a qualifying feature (clause “c” of part 2 of article 158, part 2 of article 159, part 2 of article 1593, part 2 of article 1595, part 2 of article 1596, part 2 Article 160 of the Criminal Code of the Russian Federation);

2) according to the amount of damage caused:

• significant damage amounts to ten thousand rubles or more (Part 5 of Article 159 of the Criminal Code of the Russian Federation);

• the lower limit of significant damage for legal entities has not been determined (Article 167 of the Criminal Code of the Russian Federation);

3) on accounting of the property status of the victim:

• when determining the significance of the damage, the property status of the victim is not taken into account (Part 5 of Article 159 of the Criminal Code of the Russian Federation);

4) for the victim:

• significant damage is caused to a legal entity (Part 5 of Article 159 of the Criminal Code of the Russian Federation, Article 167 of the Criminal Code of the Russian Federation);

5) by type of activity of the subject of the crime and the victim:

• significant damage is caused exclusively to an individual entrepreneur(s) or a commercial organization (a person performing managerial functions in a commercial organization) that are parties to an agreement in the field of entrepreneurial activity (Part 5 of Article 159 of the Criminal Code of the Russian Federation),

If in practice there are no problems with determining the significance of damage as an objective sign of fraud, provided for in Part 5 of Article 159 of the Criminal Code of the Russian Federation, then proving the significance of damage taking into account the property status of the victim raises some questions.

The Plenum of the Supreme Court of the Russian Federation in Resolution No. 29 of December 27, 2002 “On judicial practice in cases of theft, robbery and assault” explained that when qualifying the actions of a person who committed theft on the basis of causing significant damage to a citizen, the courts should take into account the property status of the victim, the value of the stolen property and its significance for the victim, the amount of wages, pensions, whether the victim has dependents, the total income of family members with whom he lives a joint household, and more.

The Plenum of the Supreme Court of the Russian Federation gave a similar explanation in Resolution No. 51 of December 27, 2007 “On judicial practice in cases of fraud, misappropriation and embezzlement,” pointing out the need to take into account the amount of income of the victim and the frequency of their receipt, as well as the fact that the opinion the victim about the significance or insignificance of the damage caused to him as a result of the crime must be assessed by the court in conjunction with the case materials confirming the value of the stolen property and the property status of the victim.

Explaining the rules for qualifying the intentional destruction or damage of someone else's property, the Plenum of the Supreme Court of the Russian Federation indicated that when deciding whether significant damage has been caused, one should proceed from the value of the destroyed property or the cost of restoring damaged property, the significance of this property for the victim, for example,

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depending on the type of its activity and financial situation or financial and economic condition of the legal entity that was the owner or other possessor of the destroyed or damaged property (see).

Thus, when establishing significant damage caused by a crime against property (with the exception of significant damage specified in Part 5 of Article 159 of the Criminal Code of the Russian Federation), it is necessary to proceed not only from the value of the stolen (destroyed or damaged) property, but also to take into account:

• the significance of the property for the victim;

• type of activity of the victim;

• the amount of income of the victim and the frequency of their receipt;

• whether the victim has dependents;

• the total income of the victim's family members with whom he maintains a joint household;

• financial and economic condition of a legal entity (in case of destruction or damage to its property).

Crimes against property in which there is evidence of significant damage are intentional. Moreover, in science and practice, the thesis that all thefts are committed with direct intent is axiomatic and is not disputed by anyone, and the destruction or damage of other people’s property, as a rule, is permitted with both direct and indirect intent.

The legislative formula of intentional guilt assumes that the intent of a person committing an intentional crime must cover both the main features of the crime and the qualifying features that are imputed to him. Consequently, in the cases under consideration, when committing theft with significant damage, it is necessary to prove the direct intent of the perpetrator in relation to this damage.

At the same time, the study of materials from published judicial practice indicates that when qualifying a person’s actions under articles of the Criminal Code of the Russian Federation providing for liability for crimes against property causing significant damage, the main attention is paid to justifying the significance of the damage, and in most cases from the words of the victims, and questions the guilt of the person who caused it is bypassed (see, for example,), since it is necessary to prove that the culprit at the time of the theft was aware of the significance of the property for the victim, knew his type of activity, the amount of income and the frequency of their receipt, whether the victim had dependents, and total income family members of the victim is virtually impossible. This approach, in terms of not examining the issue of guilt, resembles objective imputation.

This problem can be resolved by admitting that in relation to significant damage a person may have indirect intent or even a careless form of guilt, since in accordance with Article 27 of the Criminal Code of the Russian Federation, if, as a result of committing an intentional crime, grave consequences are caused, which by law entail a more severe punishment and which were not covered by the intent of the person, criminal liability for such consequences occurs only if the person had a careless form of guilt in relation to the consequences. And significant damage in a number of provisions of the Criminal Code of the Russian Federation is equated to grave consequences (for example, paragraph “c” of Part 2 of Article 205, paragraph “b” of Part 2 of Article 281 of the Criminal Code of the Russian Federation). However, this approach seems uncontroversial, since in the vast majority of the norms of the special part of the Criminal Code of the Russian Federation, grave consequences include consequences affecting the life and health of a person, for example, causing the death of a victim by negligence (clause “c” of Part 3 of Article 126, Part. 3 Article 127, Part 2 Article 167 and other norms), causing grievous harm to health by negligence (clause “b” Part 3

Art. 131, part 1 art. 2151 and other norms), and these consequences are not comparable to causing significant material damage.

At the same time, according to the explanations of the Plenum of the Supreme Court of the Russian Federation, if the damage did not occur due to circumstances beyond the control of the perpetrator, then the act may be qualified as attempted theft causing significant damage to a citizen, provided that the intent of the perpetrator was aimed at stealing property in a significant amount (see), if as a result of the actions of the perpetrator, the consequences did not occur for reasons beyond his control, then what he did with the intent to cause significant damage should be considered as an attempt to deliberately destroy or damage someone else’s property (see).

Thus, the Plenum of the Supreme Court of the Russian Federation actually indicates that causing significant damage to the victim when committing theft or deliberate destruction or damage to property is always committed intentionally, therefore it is permissible to qualify the actions of the perpetrator as an attempted crime against property causing significant damage, if As a result of his actions, the consequences did not occur for reasons beyond his control (see, for example,).

At the same time, an attempted crime is possible only with direct intent, which differs from indirect intent by the presence of the guilty desire for a socially dangerous consequence to occur, which in the case under consideration is significant damage. This means that when attempting a crime against property that causes significant damage, the perpetrator must reliably know the property status of the victim and be willing to cause significant damage to him. This fact, it seems, is subject to mandatory proof in such situations, however

in forensic investigative practice this does not happen (see, for example,).

Moreover, in judicial practice there are cases of qualifying a person’s actions as an attempted theft causing significant damage when the perpetrator:

• knew the victim for certain, but did not know to what extent the theft could have occurred if he had not been prevented (see);

• when trying to commit theft, he did not know who owned the property he was trying to steal - an individual or a legal entity (see);

• on the basis of personal hostility, he sets fire to a fence gate that he doused with gasoline, which the victim extinguished with water herself, and the estimated significant damage includes the cost of the house and all the property in it (see).

The foregoing inevitably leads to the question: is it possible, from the position of the principle of guilt, to attempt a crime against property causing significant damage? I think it's possible. Just as it is possible for the very existence in the criminal law of an objective-subjective sign of significant damage, but bringing a person to criminal liability with the imputation of a sign of significant damage will correspond to the principle of guilt only if it is proven that the perpetrator has the intent (and in the case of an attempted crime, the desire) to cause significant damage, that is, proof that the person, when committing the corresponding crime against property, had knowledge about the property status (financial and economic condition) of the victim.

It can be assumed that with this approach, qualifying a person’s actions on the basis of causing significant damage both for a completed crime and for an attempted crime against one’s own

causing significant damage will become virtually impossible. One solution to this problem may be to exclude from the law the subjective criterion of significant damage in the form of taking into account the property status of the victim, especially since the determination of the degree of public danger of a crime, it seems, should not depend on the property status of the victim.

LITERATURE AND INFORMATION

SOURCES

1. Criminal Code of the Russian Federation: Federal Law of June 1–3, 1996 No. 63-F3. Access from the ConsultantPlus legal reference system.

2. On judicial practice in cases of violation of fire safety rules, destruction or damage to property by arson or as a result of careless handling of fire: Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 5, 2002 No. 14. Access from the legal reference system "ConsultantPlus" ( date of access: February 24, 2022).

3. On judicial practice in cases of theft, robbery and robbery: Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 27, 2002 No. 29. Access from the reference legal system “Consultant-Plus” (date of access: November 3, 2022).

4. On judicial practice in cases of fraud, misappropriation and embezzlement: Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 27, 2007 No. 51. Access from the ConsultantPlus legal reference system (date of access: February 24, 2018).

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5. Verdict of the Pervomaisky District Court of the Yaroslavl Region dated September 27, 2022 in case No. 1-32/2017 // Judicial and normative acts of the Russian Federation. iyai https://sudact.ru

6. Verdict of the Chemalsky District Court of the Altai Republic dated September 28, 2022

in case No. 1-95/17 // Judicial and regulatory acts of the Russian Federation. URL: https://sudact.ru

7. Verdict of the Pervomaisky District Court of the city of Novosibirsk dated September 29, 2022 in case No. 1-332/2017 // Judicial and normative acts of the Russian Federation. URL: https://sudact.ru

8. Verdict of the Rudnichny District Court of Kemerovo, Kemerovo Region dated July 6, 2022 in case No. 1-72/2017 // Judicial and normative acts of the Russian Federation. URL: https://sudact.ru

9. Sentence of the Yoshkar-Ola City Court of the Republic of Mari El dated July 10, 2022 in case No. 1-414/2017 // Judicial and normative acts of the Russian Federation. URL: https://sudact.ru

10. Determination of the Judicial Panel on

criminal cases of the Supreme Court of the Russian Federation dated October 6, 2010 No. 2-D10-4 // Bulletin of the Supreme Court of the Russian Federation. 2011. No. 6.

11. Sentence of the Karachaevsky District Court of the Karachay-Cherkess Republic of October 6, 2022 in case No. 1-51/2017 // Judicial and normative acts of the Russian Federation. URL: https://sudact.ru

12. Sentence of the Gribanovsky District Court of the Voronezh Region dated June 30, 2022 in case No. 1-38/2017 // Judicial and normative acts of the Russian Federation. URL: https://sudact.ru

13. Sentence of the Kansk City Court of the Krasnoyarsk Territory of September 29, 2022 in case No. 1-413/2017 // Judicial and normative acts of the Russian Federation. URL: https://sudact.ru

The law firm "Reznik, Gagarin and Partners" - one of the oldest (founded in 1993) and most authoritative legal entities in Russia - announces the opening of a practice in the field of subsoil use, the use of various natural resources, for the protection or challenge of rights to land plots and other objects real estate.

The head of the practice is lawyer Gennady Volkov, Doctor of Law, Professor of the Department of Environmental and Land Law of the Law Faculty of Moscow State University named after M.V. Lomonosov.

As part of their practice, lawyers of relevant specialization provide the following services:

conducting legal examination of documents in the field of subsoil use, use of other natural resources, and in real estate transactions; support of investment and construction projects;

representing clients’ interests in courts to protect or challenge rights to subsoil and other natural resources, real estate, in disputes related to the use of land resources and the creation of real estate on lands of various categories, as well as in related disputes, including in the field of environmental protection environment.

Regulatory legal acts regulating issues of the amount of material damage

Major damage is dealt with in the Criminal Code. This is due to the fact that determining the amount of material damage during the analysis of crimes affects the severity of the sanctions applied to the offender.

Chapter 21 of the Criminal Code of the Russian Federation specifies the specific amounts of amounts at which financial harm will be considered large or especially large. It is this gradation that makes it possible to qualify crimes against property such as robbery, fraud, theft, robbery, and also determine what preventive measure to choose.

Chapter 22 of the Code considers crimes in which the object of the attack is the economic sphere. Offenses in this area include various types of market manipulation, illegal loan processing, etc. In this area, the subjects of crimes in most cases are individual entrepreneurs, so the amount of damage here is higher than in Chapter 21.

Consequences for the offender

Now let's look at the countermeasure options that are provided by legal provisions. If the minimum amount of theft to initiate a criminal case corresponds to the amount of 2,500 rubles, the violator of the order faces the following punishment options:

fine;
correctional labor;
compulsory work;
arrest;
imprisonment.

The application of specific measures here is determined by the severity of the offense and the established amount of financial losses. However, the final verdict is influenced by mitigating and aggravating circumstances.

The second group includes the organization of a criminal group for attack, unauthorized entry into private territory, damage caused to the state, and the public danger of the act.

In addition, when assigning punishments, the court practices the use of complex listed measures. Proven serious crimes entail a fine with simultaneous imprisonment of the perpetrator of the incident.

If we talk about mitigation of punishments, the legislation provides for this option. In this case, it is appropriate to be guided by the provisions of Article 61 of the Criminal Code.

Major damage

This amount of material damage in the Criminal Code is recorded in the fourth note to Article 158. According to this norm, the amount of damage must exceed two hundred and fifty thousand in rubles.

It is also noted that in some cases the damage can reach one and a half million rubles. For example, if the crimes are related to fraud in the insurance industry, in the use of debit and credit cards, in the field of entrepreneurship and computer technology.

If the offense relates to failure to fulfill agreements within the framework of business activities, the amount of damage is calculated as large if it reaches three and a half million rubles.

According to the norms of Chapter 22 of the Code, the amount of damage is considered large if it exceeds one and a half million rubles. If crimes are related to restriction of competition under Article 178 of the Criminal Code, the amount of material damage of ten thousand rubles is enough to hold a person liable.

Harm of a special size

A particularly large amount of damage amounts to more than a million rubles. If the acts are related to fraud in the field of lending, insurance, computer technology, or the use of payment cards, the amount of damage with innovations in the Criminal Code of the Russian Federation is twelve million in rubles.

New rules on especially large damage are enshrined in Article 159 on theft (sixth and seventh parts) instead of the previously valid fourth part.

Classification

Let's start by clarifying the basic definitions. The term “material damage” means the total number of losses suffered by the injured party . This point determines the advisability of initiating criminal prosecution of the culprit. Moreover, the legislation of the Russian Federation distinguishes the degree of administrative and criminal liability of a criminal according to the specified criteria.

A crime that causes losses in excess of 2,500 rubles becomes a reason for initiating a criminal case

If we talk about the minimum amount of theft to initiate a criminal case or other types of violations in the field of economics, it is appropriate to be guided by Section VII and the provisions of Article 158 of the Criminal Code of the Russian Federation. Recent changes to these legal regulations have also affected the extent of damage, which becomes a reason for initiating criminal prosecution. In this case, the following groups are classified:

Significant loss . Legal standards state that the minimum damage to initiate a criminal case is 5,000 rubles.
Major loss . In this situation, the limit is the loss of more than 250,000 rubles by the victim, which is considered grand theft.
Particularly large thefts . When it comes to serious thefts or fraudulent schemes, law enforcement officials cite the figure as 1,000,000 rubles. This value determines the minimum amount of profit of a criminal in this category.

Important ! The legislation allows unpunished petty thefts of up to 1,000 rubles. In such circumstances, the violator may not even be forced to pay an administrative fine, and the fines themselves are minimal.

If the loss of finances becomes a by-product of offenses described in other sections of the Criminal Code, then when qualifying the amount of damage, the investigation is guided by a specific evidence base. An example of such a situation is the infliction of grievous bodily harm and the subsequent rehabilitation of the injured citizen.

In addition, here lawyers are talking about one legal conflict. Considering the absence of amendments to the Code of Administrative Offences, theft in the amount of 2,500–5,000 rubles is not classified by the legislation either in the area of administrative or in the area of criminal law. However, such a moment is unlikely to be a reason for a criminal to avoid punishment.

Criteria for relative assessment of harm caused

The assessment of damage caused is determined based on the public danger and the market price of the property that was damaged. The amount is calculated on the basis of sales receipts and other documents confirming the amount of damaged items.

In addition to calculating the amount of harm, the property status of the victim (citizen or enterprise) on the day the crime was committed is assessed. When damage caused to money in the form of robbery, theft, fraud is established, non-cash and cash funds that have become the object of a criminal attack are taken into account.

Third-party experts are invited to assess damage to property. If, during the assessment process, disputes arose as a result of determining the amount of material damage, they use the help of independent expert organizations.

Procedure for determining the amount of loss

Now let's talk about the principles of assessing economic losses. Here the legislation provides strict criteria. The amount of damage required to initiate a criminal case is determined by the actual price of the victim’s property at the time of the criminal’s active actions. However, when determining the amount of compensation, the court takes into account the cost already at the time of rendering the verdict, taking into account indexation .

Losses caused by the criminal are calculated at the time of the violation

In situations where the injured citizen is unable to objectively name the exact amount of loss, this task requires a different solution. In this case, an assessment examination is carried out, which establishes a specific loss figure. In addition, special rules apply here for things of scientific and cultural heritage.

Important ! Such items require mandatory assessment by specialists. Moreover, the actual price and value of the thing for society is determined here.

When the results of the state examination do not coincide with the amount of damage expected by the victim, jurisprudence allows for the additional involvement of an independent person who has the appropriate clearance. Here, payment for such services becomes the responsibility of the citizen who called such an expert.

Amount of harm as a sign of qualifying type

Major damage under the Criminal Code is determined based on the amount of material loss caused to the victim, and depending on this, the type of sanction is established.

In addition, the size of the punishment is influenced by the presence of qualifying features. It can be the object of the attack itself (money, objects of possession, etc.). The subject of the crime may also be a qualifying feature.

If the object of the attack is property or the economy, the amount of harm (together with the assessment of the consequences and danger to society) has a great influence on determining the type and period of punishment. Often in the practice of criminal cases there is a rule: the higher the amount of damage, the stricter the punishment.

What responsibilities are provided?

The amount of punishment for large-scale fraud is expressed in penalties, which are provided in the range from 100 to 500 thousand rubles. The perpetrator can also be imprisoned for up to six years. The punishment, at the discretion of the judge, is expressed in the amount of the offender’s income - this can be the amount of the total income the offender receives over a period of one to three years. Compulsory labor is applicable, the duration of which cannot exceed five years.

Theft on a large scale is punishable by a fine ranging from 100 to 500 thousand rubles. The amount can also be calculated based on how much income the culprit receives over a period of one to three years. Or the offender is imprisoned for a maximum of six years.

For misappropriation or embezzlement, a fine of 100 to 500 thousand rubles is imposed; the culprit may be deprived of the right to engage in a certain activity or position. This measure is applied at the discretion of the court. Forced labor for up to 5 years or imprisonment for 6 years may also be applied.

Possibility of challenging the cost of material loss

If a citizen causes major damage, the damage assessment is carried out according to the rules established by law. These same rules make it possible to challenge the calculated amounts.

In order to recalculate the amount of damage, it is necessary to study what documents the experts used during the assessment and take copies of the documents they submitted. In addition, the parties have the right to conduct their own independent verification of the assessment.

Compensation before initiation of a criminal case

According to the Criminal Code of the Russian Federation, large damage or harm of a special size can be recovered forcibly after a court decision is made. Or it is compensated voluntarily before the case is opened.

According to the provisions of Article 76.1 of the Criminal Code, a person can be released from criminal liability if he compensates for the damage caused voluntarily. Automatic exemption from the imposition of sanctions occurs for tax crimes.

According to the norms of the second part of the article under consideration, a person does not face criminal punishment if the damage is repaid in a timely manner in the following cases.

The citizen committed the act for the first time.
A person has compensated for the damage caused by his actions to other citizens, a legal entity or the state.
The criminal transferred twice the amount of damage to the federal budget.
The act of a citizen falls under the articles specified in the second part of Article 76.1.

If the offender falls into one of these categories of subjects and compensates the damage ahead of schedule, he will not face any criminal prosecution, no criminal record, or social consequences.

Who is authorized to initiate criminal cases of fraud?

The citizen decides where to apply on his own. There are several options on how to do this.

Let's take it in order.

Do I need to contact a prosecutor?

If the victim wrote a statement to the prosecutor's office, it will still be transferred to the district or city police department with all the evidence presented. Since the prosecutor does not have the authority to initiate criminal cases.

However, such an appeal will speed up the investigation period. After all, the prosecutor's office is the highest supervisory body for the protection of the rights and freedoms of citizens.

Contacting the police

Immediately after a citizen discovers the loss or realizes that he was deceived, he needs to write a statement to the police about fraud . This should not be delayed, since the longer the victim thinks, the more time the criminal has. He can destroy all evidence.

In the crime report, it is necessary to indicate the passport details and contact details of the victim. You also need to submit all available evidence. After submitting the application, a form is filled out. This is proof that the complaint has been accepted and filed.

If the victim is informed that a criminal case has been opened based on her statement, then most likely she will need to come to the police more than once. Collecting other evidence of the crime and finding the fraudster falls on the shoulders of the investigator.

Time frame for investigation

The law states that the investigator is given 2 months to clarify all the circumstances of the crime. However, in reality everything depends on many factors. For example, whether the criminal will hide. In such cases, the fraudster has to be put on the wanted list, and how quickly he is found does not really depend on the investigator.

The statute of limitations for bringing to justice also has an impact. According to Part 1 of Art. 159 of the Criminal Code of the Russian Federation, it is 2 years. For Part 2 and Part 5 – 6 years. But for parts 3, 6 and 7 – 10 years.

You need to come to the investigative committee as soon as possible, because other people may suffer due to the criminal’s actions.

In conditions of instability of ruble and dollar exchange rates

Large and especially large damages are calculated according to the rules established in Resolution No. 51, issued by the Plenum of the Supreme Court on December 27, 2007.

According to this legal act, the amount of material damage is calculated as follows:

The amount stolen as a result of crimes under Articles 158 - 162 of the Criminal Code of the Russian Federation is calculated based on the actual valuation of property on the date of the commission of the criminal offense.
If there is no information regarding the real value of things at a specified time, it is necessary to invite an independent expert organization that will conduct an assessment and monitor the market. Based on the results of the inspection, the amount of damage that the criminal caused to the victim will be determined.
The damage that the offender will have to compensate is calculated on the basis of an assessment of the value of things on the date of the decision on compulsory compensation of damage. It is also possible to index the specified amount if a certain time has passed from the court’s pronouncement of a sentence to its execution.
Items of special historical, artistic, scientific or other value are assessed in a special manner. To do this, the cost in financial terms and their significance for culture and society are taken into account. The assessment of such things is carried out only by experts.
If there are disagreements regarding the assessment of harm caused, it is recommended to invite a third-party independent expert. Payment for the services of this person will be made by the customer.

Determination of the amount of damage. Features of collection

Shortage or damage to property may occur due to the fault of both third parties and employees of the institution. When determining the amount of damage to an institution, one should proceed from the market value of the lost property. This is the amount of cash that could be received as a result of the sale of these assets.

When recovering damages from employees of an institution, one must proceed from the norms of labor legislation, which largely limits their liability. Thus, the party to the employment contract (employer or employee) who caused damage to the other party compensates for it in accordance with the Labor Code and other federal laws.

According to Article 238 of the Labor Code, the employee is obliged to compensate the institution for direct actual damage caused. It refers to a real decrease in the institution’s property, a deterioration in its condition, as well as the need to incur costs for the purchase of new or restoration of damaged values. Lost income (lost profits) cannot be recovered from the employee.

Financial liability arises for damage caused as a result of culpable unlawful behavior (actions or inactions). In this case, each party to the employment contract is obliged to prove the amount of damage caused to it.

The Labor Code lists circumstances that exclude the financial liability of an employee. It does not arise, for example, when damage is caused due to force majeure circumstances, normal economic risk, extreme necessity or necessary defense, or the institution’s failure to fulfill its obligation to provide conditions for storing property entrusted to the employee.

The Code provides for two types of liability: limited and full. The employee’s full financial liability consists of his obligation to compensate for the damage caused in full.

Article 243 of the Labor Code establishes a list of grounds under which an employee may be held financially liable in the amount of damage caused. For example:

shortage of valuables entrusted to the employee on the basis of a written agreement or received by him under a one-time document;
intentional causing of damage;
causing damage while under the influence of alcohol, drugs or other toxic substances;
causing damage as a result of criminal actions established by a court verdict;
causing damage as a result of an administrative violation, if established by the relevant government body.

If there are no grounds for bringing full financial liability, then the employee bears financial liability for damage caused to the employing institution only within the limits of his average monthly earnings (limited liability).
This is stated in Article 241 of the Labor Code. An employee can compensate for damage exceeding this limit only voluntarily or by court decision. Before holding any of the employees financially liable, the employer is obliged to conduct an inspection. During it, the amount of damage caused and the reasons for its occurrence are determined. For such verification, a commission is created with the participation of relevant specialists.

The amount of damage for loss and damage to property is determined by actual losses, calculated on the basis of market prices prevailing in the area on the day the damage occurred. Moreover, according to the norms of labor legislation, the amount of damage should not be lower than the value of the property according to the accounting records of the institution (taking into account its wear and tear). This rule also applies provided that the book value of the assets is zero. For example, if we are talking about a lost fixed asset that was completely depreciated.

Expert opinion

A. Arzamastsev, expert of the Legal Consulting Service GARANT

A. Kikinskaya, reviewer of the Legal Consulting Service GARANT

The value of property according to accounting data is only the lower limit of the amount of damage that the employer has the right to recover from the guilty employee. Article 246 of the Labor Code of the Russian Federation allows you to recover damages from an employee based on the market prices of lost property in force in the area on the day the damage was caused. The employer must determine the market price of the lost property independently. It is he who is responsible for proving the size of the market value.

To establish the cause of damage, it is mandatory to request a written explanation from the employee. If the employee refuses or evades his representation, a corresponding act is drawn up. It is signed by the employees of the institution.

Based on the results of the inspection, documents are drawn up that record the fact of damage, its size and causes. There are no standardized forms for such documents. In practice, damage is documented in a protocol, an inventory report, or an expert opinion. The documents are signed by members of the commission. It may include the employees who conducted the inspection.

If the amount of damage does not exceed the average monthly salary, recovery from the guilty employee is carried out by order of the head of the institution. In this case, the restriction on the one-time collection of a particular amount from earnings, established by Article 138 of the Labor Code, must be observed. The total amount of all deductions should not exceed 20 percent of the earnings due for payment.

The order is issued no later than one month from the date the amount of damage is determined. If this period has expired or the employee does not agree to voluntarily compensate for the damage caused, and its amount exceeds the employee’s average monthly earnings, then recovery can only be carried out by a court decision.

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Final conclusions

In conclusion, there are several important facts to note:

Due to recent changes in criminal legislation, the amount of damage caused when committing crimes against property or the economy of the country, sufficient to initiate a criminal case, has increased significantly.
In order to initiate a criminal case against a citizen who has committed an attack on the property of another person, the minimum amount of damage must be at least five thousand rubles. If the damage is less, the case will be considered administrative (Article 7.27.1).
A person convicted of a crime in which the object of the attack is the property or economic sphere of the country has the right to file a petition for mitigation or complete release from liability (the principle of decriminalization).
Citizens who have committed crimes in the economic field or in relation to the property of other persons have the right to receive exemption from criminal liability. This is possible if the offender meets the requirements of Article 76.1 of the Criminal Code.
The amount of damage caused as a result of theft, robbery or assault is determined based on the value of the damaged items on the day the criminal offense was committed. If it is impossible to determine it, third-party experts are invited.
As a general rule, damage exceeding two hundred and fifty thousand rubles is considered major. Damage amounting to one million rubles or more is considered especially large. In exceptional cases, these figures are increased.

Major damage and material damage of a special size are similar concepts. Their difference is the amount that allows one to qualify a particular act and determine the type and duration of punishment.

Compositions of fraud

The schemes invented by criminals are constantly being improved. They develop action plans that make them difficult to find. This is understandable, because no one wants to sit behind bars.

Even someone you know can deceive. For example, receipt fraud is very common . In such cases, the court needs strong evidence of forgery of the victim's handwriting. There is also deception when buying a car second-hand.

Next, we will analyze the grounds for criminal prosecution, the amount of damage to initiate a case, and also briefly dwell on the methods of extorting money.

Significant damage to the victim

To carry out their criminal intentions, scammers have to constantly contrive. After all, all new schemes are immediately announced on television and radio.

However, attackers still make victims. They operate on people's trust, stress, and fear. Yes, on anything, just to get the coveted money. There are no morals or principles for them.

For example, a swindler comes to his grandmother and convinces her that it is vital for her health to buy various vitamins or dietary supplements. Naturally, it is not difficult to deceive older people; they are very gullible due to their age. It's good that there are exceptions.

Sometimes young people fall for the bait. For example, attackers can sell some cheap product through the website under the guise of an expensive one. The same hair curlers. And as a guarantee, take full payment for the goods.

However, such a package will never reach the buyer, because it simply does not exist. Therefore, you always need to double-check your orders several times and call the stores if in doubt.

If all purchases were made for an amount less than 5,000 rubles, the case will not be initiated. True, there is a possibility that there are many victims and then the police are obliged to find and punish the criminal.

Example of a major fraud

If the order exceeds 250,000 rubles, then the fraudster will be judged under Part 3 of Art. 159 of the Criminal Code of the Russian Federation. Most often, this clause is applied in cases with firms and companies that have been deceived by pseudo-entrepreneurs.

If we talk about citizens, an example would be the case when criminals, posing as car suppliers, offer to buy an “iron horse” from them. And to place an order, prepayment is required. After making it, the attackers usually disappear. The victim has neither a car nor money.

This can also happen when selling a car to an individual . It costs nothing for the deceivers to convince the victim to issue a power of attorney and give them the car, supposedly they can find a buyer faster. Naturally, the victim will not receive any money for the transaction, and the car will not be returned. Formally, the situation is within the legal framework.

There are also plenty of cases of deception of legal entities, but their cases are investigated slowly, due to the fact that the investigation has several versions about where the head of the affairs went with the money. And this is not always the work of scammers.

Particularly large fraud

For charges under Part 4 of Art. 159 of the Criminal Code of the Russian Federation - fraud on an especially large scale, you need to steal at least 1 million rubles. Not everyone succeeds, but such swindlers, at first glance, are usually smart, educated and intelligent people.

With this money they will easily deceive both a citizen and a large firm or company. There are plenty of ways.

Even the same example with buying a car. Of course, there are “larger” and higher class cars here. Accordingly, the prepayment price is higher.

Or, for example, criminals may lie that they have decided to buy a house and want to borrow money by concluding a loan agreement. However, they immediately know that this amount will never be returned to the lender, even if there is a court decision. Apartment fraud certainly falls into this category.

Failure to fulfill obligations in business

Another case of deception may be an agreement between a legal entity and a seemingly real supplier. However, in reality it turns out that this is a company that has existed for 1 day and never intended to deliver anything.

In such cases, in addition to the norms of the Criminal Code of the Russian Federation, Resolution of the Plenum of the Supreme Court of the Russian Federation No. 48 of November 15, 2016 “On the practice of application by courts of legislation regulating the specifics of criminal liability for crimes in the field of business and other economic activities” is also applied.

Significant damage here is considered to be from 10,000 rubles, large - 3 million, and especially large - 12 million rubles. As an example, let us take the situation with the supply of timber abroad or HMS. After receiving a large advance payment, the company “deflates” and declares itself bankrupt.