Specialized Law Office. Protection in cases of economic crimes
Specialized Law Office. Protection in cases of economic crimes
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Criminal liability for fraud can occur in any sane individual who has attained the age of 16, in respect of whom the court verdict came into force.
Criminally responsible for the commission of fraud are both citizens of the Russian Federation and foreign citizens and stateless persons in the case of commission of a crime on the territory of the Russian Federation.
Swindling Article 159 of the RF Criminal Code
Swindling, i.e. the stealing of other people’s property or the acquisition of the right to other people’s property by swindling or breach of trust shall be punishable with...
The maximum penalty under Clause 4 of Article 159 of the RF Criminal Code is 10 years of deprivation of liberty.
In 2013, amendments were made to the RF Criminal Code, which added a number of articles and delineated responsibility for fraud, depending on the area in which the crime was committed.
Article 159.1. Swindling in the sphere of money lending
The maximum penalty under Clause 4 of Article 159.1 of the RF Criminal Code is 10 years of deprivation of liberty.
Article 159.2. Swindling at the receipt of payments
The maximum penalty under Clause 4 of Article 159.2 of the RF Criminal Code is 10 years of deprivation of liberty.
Article 159.3. Swindling with the use of payment cards
The maximum penalty under Clause 4 of Article 159.3 of the RF Criminal Code is 10 years of deprivation of liberty.
Article 159.4. Swindling in the sphere of entrepreneurial activities
The maximum penalty under Clause 4 of Article 159.4 of the RF Criminal Code is 5 years of deprivation of liberty.
Article 159.5. Swindling in the sphere of insurance
The maximum penalty under Clause 4 of Article 159.5 of the RF Criminal Code is 10 years of deprivation of liberty.
Article 159.6. Swindling in the sphere of computer information
The maximum penalty under Clause 4 of Article 159.6 of the RF Criminal Code is 10 years of deprivation of liberty.
Regardless of the scope of activity in which this crime is committed, the fraud can be committed in two ways:
— Deceit of the victim
— Breach of trust of the victim
The essential element of any fraud case that is applicable to the person who committed it, is the culprit’s absence of rights to property that he is going to possess, voluntary transfer of property or non-resistance to seizing assets from the victim and/or other persons, confusion of the victim with regard to the actions and intentions of the swindler.
Law enforcement practices in cases of swindling have been systematized in the Resolution of the Plenum of the Supreme Court of the Russian Federation No51 dated December 27, 2007 On court practice in cases of swindling, embezzlement and squandering.
The protection of your rights and interests depends on the legal/criminal status you are in: whether you are a victim of a crime or on the contrary, a person who is impleaded or potentially may be impleaded in the future as a person suspected (alleged) of committing a crime.
• If you are a victim:
• If you are the suspect, accused, defendant or you are summoned to give explanations to the Economic Safety Department/Directorate at the stage of pre-investigation probe:
Depending on the procedural status, namely that of the suspect, accused, defendant, you have a certain amount of rights that you can implement only being in that status and, accordingly, at a certain stage of the criminal process.
The right to protection from prosecution is constitutional and cannot be limited neither by any federal law nor by any other piece of legislation, nor be subject to the discretion by specific functionaries.
The sooner the attorney in fraud cases enters into your case, the more you can anticipate a particular outcome of the process.
YOUR PROTECTION FROM PROSECUTION IN CASES OF FRAUD WILL LOOK LIKE AS FOLLOWS:
Criminal proceedings (namely, the pre-trial) consists of the following stages:
1. PRE-INVESTIGATION PROBE INTO CASES OF FRAUD.
The verification of a crime report (pre-investigation probe) consists in consideration of a statement of the crime, which may be against you or in respect of an indefinite number of persons, if not established, who has stolen property or the right to it.
At this stage, the units of Economic Safety Directorate of the Ministry of the Interior or investigators of the MOI Investigative Directorate carry out a probe into the crime report, i.e. criminal case has not been filed, and the point is to be cleared whether there are elements of fraud and whether they are enough for filing a criminal case.
As part of the probe, sessions of questioning of persons are carried out, documents are requested and examined, premises are searched, examinations of various types, including accounting, economic, handwriting, construction engineering and etc., are conducted.
Pre-investigation probe is carried out in the following terms:
— Law (Clause 1 of Article 144 of the RF Criminal Procedure Code) requires the authorized persons to take a report of any offense committed or planned, and the final decision must be made within 3 days from the date of receipt of the information.
— In exceptional cases, the above term may be extended up to 10 days, for which the investigator (interrogating officer) is to submit a written request justifying the necessity and motivation of continuing the verification of the information.
— The examination of a crime report may be extended up to 30 days to carry out documentary checks and audits.
The probe results in:
— Filing a criminal case;
— Refusal to institute a criminal case, if the probe revealed no grounds for instituting a criminal case, or met the circumstances precluding criminal action.
Summarizing the above, it should be noted that in case of pre-investigation probe with you, we recommend you to seek help from a professional lawyer.
A lawyer who specializes in cases of fraud will provide you with professional assistance and protection against unlawful actions by the police.
2. Pre-trial proceedings (preliminary investigation) in cases of fraud.
The constitutional rights of the suspect and the accused are contained in the articles of the Constitution of the Russian Federation, which you can find by clicking the link: The constitutional rights of a citizen
The rights of the suspect and the accused provided by the criminal procedural law are established in Articles 46, 47 of the RF Criminal Procedure Code. They can be availed by clicking the link:
Rights of the suspect and the accused
The use and implementation of the above rights envisaged in the Criminal Procedure Law is developed individually for each criminal case and in respect of each suspect and accused.
Based on the results of investigation into a criminal case, the case may be terminated, suspended or sent to the prosecutor with the indictment.
3. The court proceedings in cases of fraud.
KEY EVIDENCE IN CASES OF FRAUD
Evidence in a criminal case of fraud may be any from what is listed in the Criminal Procedure Law, including:
We recommend you not to be slow and refer to trusted professionals. Lawyer in cases of fraud will give an initial consultation and provide professional legal assistance in a criminal case of fraud.
