A particularly large size is how much? Fraud in a particularly large amount. Particularly large size - CC RF

In the Criminal Code there are such concepts as a large,significant and particularly large amount of damage inflicted to the injured party. They are used in different articles, for example, 159 - "Fraud", in 158 - "Theft", etc. Below we will try to find out, an especially large size is how much and how it is determined. But first, let's see what actions fall under the one hundred and fifty-ninth article.

What is fraud?

Fraud - a fairly common form of theft of property, as well as the acquisition of rights to it:

fraudulent;
by abusing the trust of the injured person.

In turn, deception as a way of illegally acquiring rights to the property of an outsider is divided into two varieties:

Active. This kind can be said whenthe offender intentionally misleads the owner by providing the latter with knowingly false information. In this case, the victim may be presented, for example, forged documents or other actions aimed at misleading are committed against him. To this type of fraud, as well as to the one that will be considered below, a definition containing the phrase "especially large size" is often used. The Criminal Code of the Russian Federation provides for such a crime a corresponding punishment in the form of large fines, as well as imprisonment for a sufficiently long period.
Passive. In this case, the culprit simply does not bring to the attention of the victim information, which is legally obliged to report.

All such actions fall under Article 159 of the Criminal Code of the Russian Federation.

Typical methods of fraud, characteristic of fraud

Cheating in intent. Receiving payment for the work, which the criminal was certainly not going to perform.
Cheating in the face. The extradition of a criminal for a person who has the right to receive any property.
Deception in the subject. Change the appearance of the object or issue one item after another.
Deceit in circumstances. Provision of knowingly false documents.

A particularly large size is how much?

In case of fraudulent activities inespecially large amounts of such punishment as imprisonment for up to ten years. In addition, the person who committed this crime will have to pay a fine of up to 1 million rubles. The amount can be calculated and based on the amount of the guilty person's salary (for a period of up to three years of work). In this case, the judge may decide to limit the freedom of the defendant for up to two years.

So, an especially large size is how much? Any fraudulent action inflicts on the injured party both moral and material damage. Thus, a particularly large amount can be determined in monetary terms. To date, this is recognized as damage exceeding the amount of 1 million rubles.

Basic Types of Fraud

Fraud in a particularly large amount, just like the usual, can be divided into several types. The main ones are:

Property form.
Different forms of alternative healing.
Pseudoscientific educational services, various kinds of psychotraining, etc.

Recently, such varieties as telephone and Internet fraud, as well as fraud with apartments and in the sphere of crediting, have become very widespread.

Internet fraud. The most popular ways of cheating

There are several basic ways to mislead gullible Internet users for the purpose of capturing their property or money:

The offer of highly paid work, which can be done at home.
Incomplete receipt of goods purchased from the online store.
Sale of non-existent lot.
Incomplete delivery of computer software.

Fraud with apartments

The question of whether a particularly large size is how much is most relevant in such an area as fraud with apartments. After all, in this case we are talking about very large amounts of money.

There are several basic schemes of fraudulent activities related to housing:

Sale of an apartment or house without the knowledge of the owner.
Sale of the same object to several people at once.
Sale of housing incapacitated citizens.

In all these cases, the buyer transfers money to the seller, but does not receive or receives the housing, but for a very short period of time, since the court at the same time recognizes the contract of sale as null and void.

Fraud in the sphere of crediting

In this area, there are also several basic fraudulent schemes:

Use of another's passport. The bank employee in this case is presented with a stolen, lost or fraudulently obtained document. In most cases, a false certificate of income is also attached to such a passport.
Receiving cash through a front person. In the bank, the person who comes down here comes down without a constant source of income, which scammers supply fake 2-NDFL.

In the latter case, the frontman practicallydoes not risk anything. The fact is that there is no article in the Criminal Code of the Russian Federation providing for punishment for providing the bank with incorrect information about its material situation.

Theft in a particularly large amount

Of course, the notion of "particularly large size"is applicable not only to fraud, but also to a crime such as theft. On the fact of committing such an unlawful act, a criminal case is instituted without fail.

Theft in a particularly large amount, as well asordinary, falls under Article 158 of the Criminal Code. In this case, the case is examined in part 4, paragraph "b". As in the case of fraud, an especially large amount in cash equivalent amounts to an amount exceeding 1 million rubles.

Crimes related to narcotic substances

The notion of "especially large size" is very oftenis also used in criminal practice in the field of drug trafficking. For their storage, distribution, production, processing, etc., criminal punishment is provided. All these crimes fall under Article 228. "A particularly large size" is a concept which in this case is approved by the Government of the Russian Federation. At the moment it is over one kilogram of narcotic substances.

Thus, we have found out thata large amount in money equivalent, both under article 159 and under article 158 - is the amount exceeding 1 million rubles. As for fraud, the most serious crimes in terms of the amount of damage are committed in the area of lending, as well as housing.