Бибарсова
Д. Д.
Рядовой полиции 204 взвода УЮИ МВД России
Fraud and
its types
Fraud - theft of another's property
or buying another's property by deception or abuse of trust.
Thus, under the deception it is
understood as a conscious distortion of the truth (active deception) and
omission of the truth (passive deception). In both cases the victim is deceived
itself conveys his property swindler [1].
Originally, the word
"fraud" (by Council Code) meaning "deception, an artful
(sometimes sudden) theft of another's property." The first legislative
definition of fraud, which is close to the modern, was given in the decree of
Catherine II on April 3rd, 1781 "On the different types of theft and some
of them penalties repairs" "Be someone in the Market Place ... out of
his pocket that will take out ... or suddenly that fuck, or deception or sell
fiction, or weighing kit, or measurements of the measure, or that such a hoax
or fiction itself does not belong to him, without the consent of the will, and
whose it "[2].
In cases of fraud cheating man
becomes evil, destructive force for cheating and to cheat. Roughly the same
thing we can say about the satellite fraud - theft as embezzlement or rights
upon him by deception is a form of theft. [2]
In modern society, fraud is becoming
more widespread and sophisticated. It is no coincidence one of the outstanding
Russian lawyers of the XIX century. AND I. Foinitsky wrote: "as a man
resorted to the initial abduction of the property mainly to axes and flails,
and the man of our time to the taking of another's secret, soon - that is
already very noticeable now - the predominant place of a way to replace an
instrument of intelligent, cunning, deceit; consequently, the social side of
fraud is very tempting, "[5].
Fraud in the modern world is
extremely many faces, adaptability (adaptability), the dynamism and the ability
to upgrade. It is widespread, not only because it is not always associated with
violence, that is, "With an ax and a bludgeon," but also because
modern life is very tehnizirovana, forms of human communication and
intellektualiziruyutsya increasingly computerized, increasing importance of
information technology, especially in the field of business and finance, more
and more forms of communication are virtualized, ie, made through the latest
means of communication, from mobile phones to the Internet. [3]
In these areas and come deception
and fraud. In these areas, they acquire such new and unusual forms that can be
understood only by experts in their respective fields of knowledge. We can say
that there is fraud, both in traditional forms, for example, card or
"naperstochnogo" deceit, and in the latest computer and virtual
forms. Therefore, it is rightly said in 1871 IY Foinitsky that fraud - is
primarily a "smart weapon", its manifestations in modern times more
sophisticated, variable and elusive. [5]
Today in Russia, cheating is widely
prevalent as ever, and it's very diverse, volatile and increasingly
sophisticated. It has become a mass phenomenon. Each of us is in deception and
fraud. The most dangerous targets of fraud are our material prosperity, our
health, our very lives and our consciousness or inner world, which is under
pressure of suggestion, that is, various forms of deception. Accordingly, the
main types of fraud are a financial and other material forms of fraud, various
kinds of magic, psychic, "popular", and other forms of healing;
suggestion and media hype, and various pseudoscientific quack and educational
services.
What specific types of fraud are
prevalent in contemporary Russia? Even if a list of more or less traditional
forms of it, you get a pretty impressive list: gambling (cards, thimbles,
lotteries, casinos); divination; Healing in all its limitless forms, ie, on the
basis of clairvoyance, different types of magic ("black",
"white", "bewitching", etc.); parapraktiki, ie quack and
fraudulent transactions, fraud, exploiting the belief in supernatural phenomena
(levitation, telepathy, "cold reading", teleportation, ufology,
poltergeists, etc.), or faith in psychics in the supernatural powers of
perception (sight skin, eyes, X-ray, the ability to diagnose karma adjust aura
or biofield, etc.); begging; fraudulent forms of advertising and
advertisements; political demagoguery. Increasingly widespread religious
stained types of fraud: otmalivanie, exorcism, faith healing, sanctification,
etc. [4].
More complex and specialized forms
of fraud related to the area of advertising, sales,
financial and trade transactions, real estate transactions. Another modern and
widespread type of fraud is a large set of services on the part of so-called
non-traditional or alternative medicine. Scammers from this type of quackery
offer special kinds of diagnostics and treatment using special devices
operating on the basis of the latest "discoveries" in the field of
physics (and thus are, in particular, the so-called torsioneers) or the quantum
mechanics (machines "quantum medicine").
What is the place, the region where
the fraud? Fraud can occur almost anywhere, but there are specific areas of
risk, where the probability of being a victim of fraud is particularly great.
This can be a station, street, market, shop, the firm one-day, railways,
airports, various uninvited guests coming to the apartment under the guise of
social workers, housing department, or merchants, mailbox, home or mobile
phones and even the Internet [2] .
As mentioned above, each of the
cases of fraud unique. At the same time, he is usually minutes or long enough
"play" with his script and actors. Therefore, to give a comprehensive
picture of the current fraud is not possible.
According to the criminal law of the
Russian Federation - Russia, fraud may be defined as "committed for pecuniary
gain by deception or abuse of trust unlawful uncompensated seizure, and (or)
treatment of another's property in favor of the perpetrator or of other
persons, causing damage to the owner or other owner of the property, or
committed by the same means and free of illegal buying another property
"[4].
Form fraudulent deception is very
diverse. Fraud can be committed in the form of an oral or written
communication, or be in the commission of any action: the falsification of the
subject of the transaction, the application shulerskih techniques at a game of
cards or "thimble," reckoned the substitution amount of money
falsified subject kit and the like. Very often, deceptive actions combined with
the verbal. [3]
As you can see, the psychology of
the fraudster, psychology and the psychology of fraud deceived - this is not
the same thing. In the process of fraud as if the two interact psychology - the
psychology and the psychology of the fraudster its victims. These two
psychology meet, and begins the process of fraudulent deception. Therefore
fraud as a process - is primarily a psychological process, and only secondarily
- machinery fraud, its resources and the particular circumstances [1]. However,
the psychology of fraud as a process largely depends on the type of fraud, his
place of occurrence, the content and purpose of fraud. Strictly speaking, every
case of fraud in something unique, and this also is its danger,
unpredictability, and the difficulty of understanding of exposure and combat.
1. Большой энциклопедический словарь. Изд. 2-е. –
М., 1998, с. 765.
2. Волженкин Б. В. Мошенничество. – СПб, 1998. – (серия «Современные стандарты в уголовном праве и уголовном
процессе»).
3. Сунчалиева Л. Э. Мошенничество
(уголовно-правовой и криминологический аспект). Дисс. … канд. юрид. Наук.
– Ставрополь, 2004.
4. Постановление Пленума Верховного Суда РФ от
27.12.2007 N 51 «О судебной практике по делам о мошенничестве, присвоении и
растрате» (рус.). lawmix.ru (27 декабря 2007). Проверено 2 ноября 2012.
Архивировано из первоисточника 7 ноября 2012.
5. Фойницкий И.Я Мошенничество по русскому праву. В
2-х частях, Ч. 1, М.: Изд-во СГУ, 2006, С. 9.