ОСНОВНОЙ СОСТАВ ХИЩЕНИЯ ДЕНЕЖНЫХ СРЕДСТВ С БАНКОВСКОЙ КАРТЫ: ПРОБЛЕМЫ И УГОЛОВНО-ПРАВОВЫЕ АСПЕКТЫ

Abstract

The current structure of a criminal law specifying the constituent elements of embezzlement from a card is imperfect concerning both the disposition and sanctions for a committed crime. The researchers fairly emphasize the urgency of the problem but consider commonly every method of embezzlement of money from a card apart from others, not proposing complex measures to eliminate contradictions arising in the process of study. Although the researchers recognize theft and fraud as equivalent crimes in the degree of danger to the public, to identify the responsibility level, it is necessary to determine reliably all objective evidence of any criminal act, which definitely can significantly differ in severity of punishment for their commitment. The paper studies such types of crime as the money embezzlement from bank cards by third parties. The system of normative legal acts of the Russian legislation the difference of fraud from theft. The objective aspect of constituent elements of a crime, the list of signs typical for the facade of a criminal act, peculiar to such group of crimes as embezzlement, are specified. The author distinguishes the objective elements of two bodies of evidence, which can fall under the definition of money embezzlement from a bank card: theft from a banking account and fraud, in other words, fraud using electronic payment facilities. The author concludes on the necessity to introduce to the RF Criminal Code the design article 158.2 with the description of constituent elements of money embezzlement from a banking account (card) in the form of theft to improve and unify criminal law in respect of responsibility for such type property crimes.