Article "Fraud" of the Criminal Code contains oneof the types of theft, which has, unlike other special traits, a method. What is this crime, and how to distinguish it from similar compositions prescribed by law? This article will tell you about this.

Article "Fraud" of the Criminal Code of the Russian Federation: characteristics

The object of this crime is property relations.

article fraud in Ukraine
It always harms the property of othersof people. Article "Fraud" of the Criminal Code provides for action - theft of property or the acquisition of the right to it. A mandatory feature is a method: deception or abuse of trust. Let's characterize them now. Under the deception you can understand the reporting of false information about certain circumstances or their concealment, the silence about them. Abuse of trust is the use of special, friendly, respectful relationships between the victim and the person who committed the crime. The article "Fraud" of the Criminal Code of the Russian Federation is also special in that as a result, a deceived person voluntarily and independently transfers certain property or the right to him to the culprit. Another obligatory sign is a mercenary goal. The offender inevitably wants to get the property benefit from the act that he does. Wine under such an action is always intentional, and intent is straightforward. In addition, the article "Fraud" of the Criminal Code of the Russian Federation contains an additional 3 parts, in which qualifying signs are provided.
Article 177 of the Law on fraud
To them, the legislator refers to the commission of the crime by several consensual people, the degree of damage, the use of official position, and the deprivation of the victim's right to housing.

Fraud: special compounds

In fact, the criminal law does not existone rule pertaining to this crime, and Article 159 "Fraud" of the Criminal Code of the Russian Federation is not the only one. In addition to it, which contains the general composition of fraud, there are a number of legal regulations that are of a special nature. These are the following for the specified 6 norms. In them, the responsibility for fraud is ranked according to the sphere in which it was committed.

Article 158 of the Law of Ukraine on fraud
So, if the crime was committed using payment cards, the guilty person will suffer the punishment provided for in article 159.3, not 159 or two at once.

Fraud: delimitation of adjacent compounds

There are quite a lot of thefts in the law, and it is importantbe able to distinguish them, so that a person is brought to justice for the crime he committed, and not for another unlawful act. Take, for example, the theft, which is devoted to Article 158 of the Criminal Code. Fraud differs from this illegal action in the way of committing. If the theft is committed in secret and directly by the guilty person, then under the act we are considering the victim under the influence of delusion parted with the property voluntarily. But they have the same object - property relations. Even we should not compare with the crime we are considering evasion of loan repayment, which contains article 177 of the Criminal Code of the Russian Federation. Fraud from this unlawful act is different in all mandatory features. These crimes are so different that they are contained even in various chapters of the Criminal Code of the Russian Federation.