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Legislation explanation concerning responsibility of natural persons for credit frauds

Legislation explanation concerning responsibility of natural persons for credit frauds

The federal law of November 29, 2012 No. 207-FZ "About modification of the Criminal code of the Russian Federation and separate acts of the Russian Federation", corrected rules of law about criminal liability fraud and, first of all — about responsibility for fraud in the sphere of crediting.

There was a special norm which is enshrined in Art. 159.1 of the criminal code of Russian Federation called as appropriate ("Fraud in the sphere of crediting").

The special subject of a crime – the borrower is provided in Art. 159.1 of the criminal code of Russian Federation.

Since addition of the Criminal code of Art. 159.1 of the criminal code of Russian Federation "Fraud" took place in the sphere of crediting more than two and a half years that allows to speak definitely about developed investigative and jurisprudence to the given criminal cases.

The analysis of criminal cases on which convictions under this article in general across Russia and in particular in vessels of Chelyabinsk were pronounced, showed that condemned, working with direct intention and wishing in defiance of established by bank governed to obtain the credit, and then to evade from its repayment (i.e. to steal the received proceeds of credit), used counterfeit documents.

Follows from circumstances of affairs that the condemned learned the list of the documents demanded by bank which had to characterize them as the positive borrowers having permanent residence, work and a source of the income and to create visibility of existence of opportunities for repayment of the issued credit according to terms of the contract.

They provided to the staff of bank various counterfeit documents: passports, references, references in a form 2-NDFL of the revenue size, etc.

After the filling of the questionnaire and primary documents preceding preparation and signing of the credit agreement, borrowers provided to the employee of bank counterfeit documents and, thus, carried out all actions directed on plunder of someone else's property which depended on them.

Having obtained thus the credit in bank, borrowers evaded from payments of money to bank subsequently.

Responsibility for this type of fraud depends on the size stolen and also circumstances of commission of crime (commission of crime by a group of persons by previous concert or organized group, with use of official position) and varies from a penalty before imprisonment till 10 years.

Proof of fault on such criminal cases, as a rule does not cause difficulties as in bank at registration of the credit the borrower's personality is identified, photography is carried out it, in the credit file the borrower undersigns for documents.

 

 

Senior assistant prosecutor
junior adviser of justice E.Y.Blinovskikh