Journal of Siberian Federal University. Humanities & Social Sciences / Underestimation of Social Danger of Deception in the Russian Criminal Law

Full text (.pdf)
Issue
Journal of Siberian Federal University. Humanities & Social Sciences. 2015 8 (10)
Authors
Shchepelkov, Vladislav F.
Contact information
Shchepelkov, Vladislav F.:Saint-Petersburg State University 7-9 University Embankment, Saint-Petersburg, 199034, Russia; E-mail:
Keywords
criminal liability; deception; falsification; criminal law
Abstract

The article examines a problem of adequacy of reflection in the current Russian criminal law of social danger of actions involving misleading of victims. The author concludes that the Russian Criminal Code undervalues the social danger of fraudulent acts, including various types of deception: criminologically unjustified exclusion of deception as a possible way to commit some crimes, which violates the principles of the criminalization of acts, differentiation and individualization of criminal responsibility; the presence in the Criminal Code of the Russian Federation of independent element of deception (falsification) does not solve the problem of the criminal-law protection of the interests, the means of violation of which is deception; legislative practice of the increase of responsibility for the additional socially dangerous consequences that inevitably or highly likely occur as a result of fraudulent activities should be considered as valid. During its implementation it is advisable to consider the inclusion of a sign of the occurrence of serious consequences as qualifying, as is done in respect of the offenses referred to in Art.285, 286 of the Criminal Code of the Russian Federation

Pages
2107-2115
Paper at repository of SibFU
https://elib.sfu-kras.ru/handle/2311/19828

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