Distribution of Fraud Using Electronic Payment Means (Article 159.3 Criminal Code of the Russian Federation) from Related Crimes

Abstract

The article is devoted to the study of the topical issue in the domestic theory of criminal law of delimiting fraud using electronic means of payment from related offenses. Based on the analysis of the circumstances of the legislative definition of Art. 159.3 of the Criminal Code of the Russian Federation, existing points of view in the science of criminal law and materials of law enforcement practice, criteria are distinguished for distinguishing the type of fraud under study from related offenses. The article substantiates that the objective side of fraud using electronic means of payment: implies the presence of deceit or breach of trust; characterized by the use of electronic means of payment; the use consists not in simply securing the transaction, but in the direction of the actions of the perpetrator to mislead the victim regarding the preparation, certification and transmission of the order in order to transfer funds within the framework of the applicable forms of cashless payments using information and communication technologies.