of December 27, 2007 No. 51
About court practice on cases on fraud, assignment and waste
Due to the questions which arose in court practice by consideration of criminal cases about fraud, assignment and waste, the Plenum of the Supreme Court of the Russian Federation decides to make to courts the following explanations:
1. Draw the attention of courts to what unlike other forms of plunder provided by Chapter 21 of the Criminal Code of the Russian Federation is swindled by deception or confidence abuse as a result of which the owner of property either the other person or authorized body of the power transfer property or the right to it to other persons or do not interfere with withdrawal of this property or acquisition of right to it by other persons.
2. Deception as method of making of plunder or acquisition of right to alien property, responsibility for which is stipulated in Article 159 Criminal Code of the Russian Federation, can consist in the conscious message of obviously false, untrue data or in default about the true facts, or in the intentional actions (for example, in provision of counterfeited goods or other subject of the transaction, use of different fraudulent acceptances when calculating for goods or services or in case of playing gamblings, in imitation of cash calculations, etc.) directed to introduction of the owner of property or the other person in delusion.
The false data reported in case of fraud (or data which it is held back) can belong to any circumstances, in particular to dispositive facts and events, quality, property value, the identity of the guilty person, its powers, intentions.
3. Confidence abuse in case of fraud consists in use with a mercenary motive of trusting relationships with the owner of property or the other person, the representative to make decisions on transfer of this property to the third parties. The trust can be caused by different circumstances, for example official position of person either the personal or related relations of person with the victim.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system
If you cannot find the required document, or you do not know where to begin, go to Help section.
In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.
You also may open the section Frequently asked questions. This section provides answers to questions set by users.