Legal encyclopedia. Letter M

FRAUD

- theft of someone else's property or the acquisition of the right to someone else's property by deception or abuse of trust.

As the object of property relations, property, use and disposition of property.

The generic object of fraudulent theft are property relations, which include the relations that arise in the process of production of material goods, and relations in the distribution of material wealth.

The subject of the crime are commodity-money values ​​and money.

As a form of embezzlement, M. possesses all its attributes. From other forms of embezzlement M. differs in a specific way.

The objective side of M is composed of two actions, each of which is an independent crime separately: abuse of official powers and fraudulent theft. The subjective side of fraudulent theft is characterized by guilt in the form of direct intent.

The purpose of M. is the illegal circulation of someone else's property or the right to it in their favor or the benefit of another person. The motive is self-interest, the desire to illegally enrich, to material benefit at the expense of someone else's property.

The subject of fraudulent theft is a person who has reached the age of 16 by the time the crime was committed.

Subject M has specific features related to the nature of the crime. M. often requires high intellectual abilities from the perpetrator, the presence in this or that field of special knowledge.

Some specificity of the crime in question in comparison with other forms of theft consists in the fact that M. is considered not only the possession of another's property, but also the acquisition by deception of the right to property. The law provides for simple and qualified types of M.

Qualifying types of M are acts committed: 1) by a group of persons by prior conspiracy, as well as causing significant damage to a citizen. Significant damage to a citizen is determined taking into account his property status;

2) a person using his / her official position, as well as in a large amount;

3) by an organized group or on an especially large scale.