Artur Engel'gardt1
  • 1 National Research University Higher School of Economics, 20 Myasnitskaya Str., Moscow, 101000, Russian Federation

The Issues of Classifying Fraud in the Computer Information Area

2016. No. 4. P. 86–95 [issue contents]
The article deals with the legal issues of classifying computer fraud. The author concludes that thearea as a clear sign of cyber-fraud consists of the activity (physical and juridical acts) related to functioningelectronic payment systems, e.g. distant financial operations involving bank cards, non-cashmoney etc. An offender may gain the illegal material profit (acquire illegal title to some property)in the form of bank money, book-entry securities, other property rights without going outside thebounds of the cyber-sphere. The author presents a great number of legal cases to support this thesis.At the same time, committing a theft of cash money or other material property usually requiresto combining cyber-activity with some physical interactions. It may include preparation of fictitiouswarrants, taking out cash-money, etc. In the circumstances where the criminal liability depends onthe form of illegal appropriation one can face a collision in legal treatment of criminal actions. Theauthor draws the conclusion that there is a possibility to find out the solution to the problem. The newprohibitions of the Criminal Code should be included in the existing system of prescriptions. A theftshould be treated as a theft even if it has been committed as defined in Art. 159.6 of the CriminalCode. For example, if a theft should be qualified actions of an offender who made some cyberoperationsbut did not get the possibility to control assessments, the thief has to make other physicalactions to appropriate it. Consequently, Art. 159 of the Criminal Code covers only the actions in thecyberspace that are enough to acquire title to some property and do not require additional activity inorder to appropriate (to hold back) these objects. The analysis of the court practice does not allowconcluding that the law enforcer has similar views on the issue nowadays.
Citation: Engel'gardt A. (2016) Voprosy kvalifikatsii moshennichestva v sfere komp'yuternoy informatsii [The Issues of Classifying Fraud in the Computer Information Area]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 4, pp. 86-95 (in Russian)
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