Journal of Siberian Federal University. Humanities & Social Sciences: Infliction of Damage to Property by Fraud or Abuse of Trust: Aggregate of Circumstances Essential for Instituting Prosecution (Court Practice Analysis)

Journal of Siberian Federal University. Humanities & Social Sciences / Infliction of Damage to Property by Fraud or Abuse of Trust: Aggregate of Circumstances Essential for Instituting Prosecution (Court Practice Analysis)

Issue: Journal of Siberian Federal University. Humanities & Social Sciences. 2012 5 (10)
Authors: Terskov, Sergei V.; Klimovich, Larisa P.
Contact information: Terskov, Sergei V. : The Siberian Law Institute of the Federal Drug Control Service of the Russian Federation , 20 Rokossovskogo str., Krasnoyarsk, 660131 Russia , e-mail: ; Klimovich, Larisa P. : The Siberian Law Institute of the Federal Drug Control Service of the Russian Federation , 20 Rokossovskogo str., Krasnoyarsk, 660131 Russia
Keywords: criminal event; ultimate fact; modus operandi; fraud; abuse of trust; damage to property; judicial economic information
Abstract: The article considers the aggregate of circumstances essential for establishment of infliction of damage to property by fraud or abuse of trust: time, place, modus operandi and other circumstances of the commission of a crime. Using the results of empirical research the authors define the possible forms of criminal act and as well as specific modus operandi for each form. The results of statistical data analysis on the article 165 of the Criminal Code of the Russian Federation make it possible to note that the large number of indicated crimes are committed in the financial sphere and consumer market providing a choice of methods for calculation of damage inflicted to property.
Pages: 1450-1457
Paper at repository of SibFU: https://elib.sfu-kras.ru/handle/2311/3063