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- Nov 26, 2020
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Introduction
First of all, it should be noted that the article that we will now consider is very multifaceted, and considers the main issue only superficially. Due to the too vague wording of article 159, each case is different, but we will try to analyze the main actions that need to be taken. Also at the end of the article you will find an example of how not to do it and a story from a fraudster who was involved in fraud with transport companies.
What is fraud?
So, fraud is a criminal act that is regulated by article 159 of the criminal code of the Russian Federation, carried out in relation to another person by establishing a trusting atmosphere and subsequent deception; theft of someone else's property or acquisition of rights to someone else's property by abuse of trust.
The victim, most often, allows you to take away any property without hindrance. As a result, the attacker must answer for the crime under the article mentioned above.
Forms of fraud include the following acts:
Forgery and falsification of documents;
Fraud in the real estate sector (deprivation of a citizen's right to residential premises), etc.;
Committing criminal acts in the workplace (using your official position);
Crimes in the banking sector related to the provision of credit or other financial services;
And of course the receipt of cash or other valuables by the introduction of a master in confusion. (As an example: Scam on Bulletin boards, calls from SB Bank, etc.)
When listing these categories, it becomes clear that the list of acts can be continued for a very, very long time – all this because article 159 of the criminal code of the Russian Federation only superficially addresses the issue of fraud.
It is rather difficult to give any unambiguous or precise definition of this term. For this reason, many criminal acts fall under this category.
How can you be accused of committing fraud?
For example, the applicant does not fully understand the essence and nature of the crime, but at the same time applies to law enforcement agencies on the first far-fetched occasion. In other words, it accuses You without any Foundation, even without supporting the accusation with evidence.
Here are some extremely important tips:
Don't settle for the investigation of the case without participation of Your attorney;
If you have a lawyer, only sign documents that are relevant to the case after consulting a lawyer;
Осторожно и внимательно отнеситесь к составлению доказательной базы и ее передаче по требованию полиции. Это важно учесть, поскольку именно письменные документы лежат в основе многих дел;
Доверяйте своему адвокату и обговаривайте с ним любые действия; также, старайтесь держаться выбранной адвокатом стратегии Вашей защиты. Это актуально и важно на всех этапах судебного разбирательства.(У этого пункта есть но! Далее мы обсудим)
But now let's talk about the last point in more detail. Trusting a lawyer is of course important and necessary. But as the proverb goes: "Trust, but verify.". If in fact, then carefully approach the choice of a lawyer. Yes, you will be in a stressful situation, Yes, you will be afraid of the feeling of uncertainty, but always keep yourself in hand and do not agree to a government lawyer. If there is an option to get at least some money - do not regret it. After collecting a certain amount, carefully study the lawyer in your price range and carefully read his recommendations. This is a very important point, as the state lawyer can cooperate with the investigation, which means that the investigation will be aware of all your cases. Then it will only be a matter of time before they can dig something up on you.
Also, always think carefully about what you tell your lawyer and never let your guard down. Communicate strictly within the framework of the case in which you are accused. If a lawyer is a true master of his craft, then he himself understands everything perfectly and will ask the right questions. Otherwise, it is your loyal friend and colleague. Over time, you will evaluate the competence of your defender. But always be on the lookout!
In addition, the lawyer can minimize the actual amount of damage caused-to re-qualify the case for a less serious composition. Well, if you are a real lucky person and the lawyer manages to prove the minimum amount of damage (up to 2500 rubles) – in this case, the case may be reclassified as an administrative offense. Being accused of fraud can trigger serious risks. Therefore, in no case can you observe the resolution of the situation from the side and do nothing.
If the measures are not taken in time, then there is a high risk of being behind bars, and in such cases it is much more difficult to defend your position, which is not to say that You can face a large fine, forced labor and even imprisonment. In any case, it is better to immediately seek help from an experienced lawyer who specializes in 159 of the criminal code of the Russian Federation.
A cautionary tale from the life of a fraudster
Further, on behalf of the narrator.
I will tell you my story of the 159th article.
I have been working for a long time on one topic related to transport companies, firms and insurance companies.
And it so happened that I was detained. The investigator, having learned a small part of all the actions, takes his head and says: "On..ugh, you got in here and went to the police station and confessed everything! You've done so much work for me right now that it would be better to go for a walk and not climb into this swamp anymore!!!" - these are the words of the investigator.
I was young and green, so I confessed right away, and I didn't see how anyone could deny what you'd done. This was my first mistake. Remember to never confess anything! Even if everyone is against you. You can say the last word, you'll always have time.
Well, then everything is as investigator said - they sailed. The city was a million-plus city, that's just for the record, but I didn't expect this. During the year, 4 investigators changed, I was not taken out for a year or any investigative measures. Everything I confessed earlier was enough as the investigator said!
Result. They are extending it for another year, this time at the initiative of Moscow. I was walking alone in carding. The Prosecutor did not want to sign the indictment, only signed it 7 times. Why did this happen, you may ask? And because the patient was not identified neither the investigation nor the Prosecutor. There is a case, there is a confession, but there is no patience. Just all LLC, transport companies and insurance companies said that they have no claims. The judge was an old one and also didn't understand what was going on.
Luminaries of Part 4, for a period of 0 to 10 years, especially large size. The result is a year and a half of investigation and 6 months of trials. The sentence was passed, given 5 years. What the court has already requested that I recognized someone from the chain, the victims. He was completely delusional. The Prosecutor kept his word, asked for a minimum of 3.6 years, and the judge charged 5 years for lawlessness! This is the experience of this article. Moreover, if he did not confess, then it would be easy to move out, even buying up stolen goods, where the time limit is much less.
As practice has shown, everyone is attributed to article 159 where something is not clear and it is very difficult to prove it if you do not prompt yourself. Therefore, all the Golden freedom.
First of all, it should be noted that the article that we will now consider is very multifaceted, and considers the main issue only superficially. Due to the too vague wording of article 159, each case is different, but we will try to analyze the main actions that need to be taken. Also at the end of the article you will find an example of how not to do it and a story from a fraudster who was involved in fraud with transport companies.
What is fraud?
So, fraud is a criminal act that is regulated by article 159 of the criminal code of the Russian Federation, carried out in relation to another person by establishing a trusting atmosphere and subsequent deception; theft of someone else's property or acquisition of rights to someone else's property by abuse of trust.
The victim, most often, allows you to take away any property without hindrance. As a result, the attacker must answer for the crime under the article mentioned above.
Forms of fraud include the following acts:
Forgery and falsification of documents;
Fraud in the real estate sector (deprivation of a citizen's right to residential premises), etc.;
Committing criminal acts in the workplace (using your official position);
Crimes in the banking sector related to the provision of credit or other financial services;
And of course the receipt of cash or other valuables by the introduction of a master in confusion. (As an example: Scam on Bulletin boards, calls from SB Bank, etc.)
When listing these categories, it becomes clear that the list of acts can be continued for a very, very long time – all this because article 159 of the criminal code of the Russian Federation only superficially addresses the issue of fraud.
It is rather difficult to give any unambiguous or precise definition of this term. For this reason, many criminal acts fall under this category.
How can you be accused of committing fraud?
For example, the applicant does not fully understand the essence and nature of the crime, but at the same time applies to law enforcement agencies on the first far-fetched occasion. In other words, it accuses You without any Foundation, even without supporting the accusation with evidence.
Here are some extremely important tips:
Don't settle for the investigation of the case without participation of Your attorney;
If you have a lawyer, only sign documents that are relevant to the case after consulting a lawyer;
Осторожно и внимательно отнеситесь к составлению доказательной базы и ее передаче по требованию полиции. Это важно учесть, поскольку именно письменные документы лежат в основе многих дел;
Доверяйте своему адвокату и обговаривайте с ним любые действия; также, старайтесь держаться выбранной адвокатом стратегии Вашей защиты. Это актуально и важно на всех этапах судебного разбирательства.(У этого пункта есть но! Далее мы обсудим)
But now let's talk about the last point in more detail. Trusting a lawyer is of course important and necessary. But as the proverb goes: "Trust, but verify.". If in fact, then carefully approach the choice of a lawyer. Yes, you will be in a stressful situation, Yes, you will be afraid of the feeling of uncertainty, but always keep yourself in hand and do not agree to a government lawyer. If there is an option to get at least some money - do not regret it. After collecting a certain amount, carefully study the lawyer in your price range and carefully read his recommendations. This is a very important point, as the state lawyer can cooperate with the investigation, which means that the investigation will be aware of all your cases. Then it will only be a matter of time before they can dig something up on you.
Also, always think carefully about what you tell your lawyer and never let your guard down. Communicate strictly within the framework of the case in which you are accused. If a lawyer is a true master of his craft, then he himself understands everything perfectly and will ask the right questions. Otherwise, it is your loyal friend and colleague. Over time, you will evaluate the competence of your defender. But always be on the lookout!
In addition, the lawyer can minimize the actual amount of damage caused-to re-qualify the case for a less serious composition. Well, if you are a real lucky person and the lawyer manages to prove the minimum amount of damage (up to 2500 rubles) – in this case, the case may be reclassified as an administrative offense. Being accused of fraud can trigger serious risks. Therefore, in no case can you observe the resolution of the situation from the side and do nothing.
If the measures are not taken in time, then there is a high risk of being behind bars, and in such cases it is much more difficult to defend your position, which is not to say that You can face a large fine, forced labor and even imprisonment. In any case, it is better to immediately seek help from an experienced lawyer who specializes in 159 of the criminal code of the Russian Federation.
A cautionary tale from the life of a fraudster
Further, on behalf of the narrator.
I will tell you my story of the 159th article.
I have been working for a long time on one topic related to transport companies, firms and insurance companies.
And it so happened that I was detained. The investigator, having learned a small part of all the actions, takes his head and says: "On..ugh, you got in here and went to the police station and confessed everything! You've done so much work for me right now that it would be better to go for a walk and not climb into this swamp anymore!!!" - these are the words of the investigator.
I was young and green, so I confessed right away, and I didn't see how anyone could deny what you'd done. This was my first mistake. Remember to never confess anything! Even if everyone is against you. You can say the last word, you'll always have time.
Well, then everything is as investigator said - they sailed. The city was a million-plus city, that's just for the record, but I didn't expect this. During the year, 4 investigators changed, I was not taken out for a year or any investigative measures. Everything I confessed earlier was enough as the investigator said!
Result. They are extending it for another year, this time at the initiative of Moscow. I was walking alone in carding. The Prosecutor did not want to sign the indictment, only signed it 7 times. Why did this happen, you may ask? And because the patient was not identified neither the investigation nor the Prosecutor. There is a case, there is a confession, but there is no patience. Just all LLC, transport companies and insurance companies said that they have no claims. The judge was an old one and also didn't understand what was going on.
Luminaries of Part 4, for a period of 0 to 10 years, especially large size. The result is a year and a half of investigation and 6 months of trials. The sentence was passed, given 5 years. What the court has already requested that I recognized someone from the chain, the victims. He was completely delusional. The Prosecutor kept his word, asked for a minimum of 3.6 years, and the judge charged 5 years for lawlessness! This is the experience of this article. Moreover, if he did not confess, then it would be easy to move out, even buying up stolen goods, where the time limit is much less.
As practice has shown, everyone is attributed to article 159 where something is not clear and it is very difficult to prove it if you do not prompt yourself. Therefore, all the Golden freedom.
