In order to correctly submit an application to the prosecutor's office regarding fraud in 2021, you can use the sample posted in the article. The form has been prepared taking into account the norms of the current criminal legislation of Russia.
Fraud is a form of secret theft of property, carried out by misleading the victim by providing deliberately false or unreliable information.
That is, if, in the case of theft or robbery, property is alienated from the owner by force, fraud implies its voluntary transfer, being misled by criminal actions. In case of such illegal actions against the victim, it is necessary to write a statement to the prosecutor's office about fraud. How to do it correctly, read this article.
How to write and draw up a statement to the prosecutor's office about fraud
The victim will not be able to return his property and bring the swindler to liability established by law. To do this, you need to write an appeal to the prosecutor's office about fraud in order to conduct an investigation.
In case of fraud, the victim has one advantage - timely contacting the prosecutor's office.
After all, it consists of a higher-quality and impartial trial of the case and a shorter deadline. At the same time, it is possible to involve employees of other law enforcement agencies as the need arises.
The application must be submitted in writing and consists of three parts:
- The first part briefly states to whom the application is addressed, indicating the rank, position, surname and initials of the relevant manager. Next, the applicant indicates his information for the possibility of feedback.
- The second part contains a description of the essence of the appeal and a request to take appropriate measures.
- The third part contains the date and signature.
The official also puts his signature and indicates his last name and initials with the note “accepted the application.”
The application is written to the head of the relevant territorial department.
Provide information about yourself:
- FULL NAME.
- Registration and actual residence address.
- Contact phone number.
Without providing such data, the prosecutor will not consider the appeal. Both an individual and a representative of an enterprise can apply for protection.
If the applicant is an individual, he must meet the following requirements - an adult capable person.
When submitting an application, it is recommended to have identification documents with information about your place of registration and actual residence.
If fraud is committed against a minor, a statement to the prosecutor's office is written by one of his parents or a guardian in his presence. All testimony of a minor is also recorded by his parent or guardian from his words.
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When fraud has been committed against a legal entity, its head or regional representative submits an application to the prosecutor's office.
An application to the prosecutor's office about fraud of a legal entity is a relationship, the content of which is similar to the application, with the addition of the company's details of the organization, indicating the address and contacts.
Characteristic actions of a swindler
The purpose of the fraudster and, accordingly, the main signs of such a crime: direct benefit of the person and misleading the victim - deception.
This act is interpreted by law as follows:
- communication of knowingly false information or incompletely true information, which entails their misunderstanding;
- concealing true information, changing its meaning for the purpose of deception;
- other actions that could be misleading.
Once the attacker begins to benefit from the property he alienated, fraud is considered a committed crime.
How to opt out of promotional offers
Unfortunately, the law does not regulate in any way the channels of communication with a citizen, nor the number of contacts, nor the time of dialogue. Of course, banks don’t want to cause negative emotions, they don’t call at night or early in the morning, but “punctures” still happen, which is extremely unpleasant. Usually in such cases people want to file a complaint against the bank.
Before you complain anywhere, contact the bank itself and find out how to opt out of advertising mailings. Every organization has a hotline number; it can be found on the bank’s website. Call and ask to unsubscribe from receiving promotional offers.
In reality, there is usually nothing complicated. For example, Alfa-Bank offers the following refusal channels:
- write in support of the bank on any social networks;
- contact the online chat on the Alpha website or in banking;
- call the organization's contact center.
Most often, no problems arise. After contacting the citizen’s phone number, their database of advertising messages is removed and he is no longer disturbed.
Contents of the application for a fraud audit
The content should detail the essence of the appeal. To do this, it is better to structure the text of the application to the prosecutor’s office about fraud and gradually describe the specific time, place and most significant circumstances of the crime.
A statement is not a complaint; it does not need to describe in detail the consequences of the damage caused. It is written solely for the purpose of conducting verification actions and exercising the legal rights of a citizen.
For a clearer understanding, below is a sample application to the prosecutor’s office regarding fraud, which can be edited to suit your specific situation.
The application must indicate the specific purpose of the appeal: return of one’s own property, bringing the person to justice in accordance with the law.
Here it should be taken into account that when the identity of the fraudster is unknown to the victim, the statement must be written in relation to an unidentified person, even if there are suspects in mind.
The text does not allow the use of offensive expressions addressed to the criminal and prosecutors. The applicant may be prosecuted for insult and his application remains pending.
You should present your assumptions about who committed the crime to the prosecutor after writing the statement. This information will be reflected in the protocol.
Note! If the statement is written in relation to a person whose guilt has been refuted by the investigation, the person himself may be held liable for knowingly giving false information.
What can be evidence of a crime?
The following are accepted as evidence:
- Testimony of the suspect, accused.
- Testimony of the victim, witness.
- Expert opinion and testimony.
- Conclusion and testimony of a specialist (clause 3.1 introduced by Federal Law of July 4, 2003 N 92-FZ).
- Protocols of investigative and judicial actions.
- Other documents.
You can view tips and tricks on how to prove 100% fraud here.
Application to the prosecutor's office regarding fraud: sample 2021
There are several technical rules for its compilation. First of all, all information about the applicant is indicated in the “header”. And here it is important to provide a current postal address to which the response from the prosecutor’s office will be sent.
When applying, you must avoid categorically identifying a person suspected of committing a crime. Otherwise, charges of false denunciation or perjury may follow.
All facts are presented clearly and clearly, any emotional shades are excluded. If there is written evidence to confirm the fact of fraud, it is attached to the application. Moreover, this will speed up the verification process.
The sample application to the prosecutor for 2021 looks like this. One of the required details is the citizen’s signature. Without it, documents will not be considered.
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Moscow City Prosecutor's Office
pl. Peasant Outpost, 1
Dmitriev Ivan Ivanovich
Moscow, st. Tsvetochnaya, 4, apt. 8
Application to the prosecutor's office about fraud
January 15, 2021 between the buyer – Dmitriev I.I. and the seller – Kapitonov F.K. a purchase and sale agreement was concluded for a Honda Accord car, state number d111ms78. In accordance with clause 2 of the agreement, the price of the car was 1,100,000 rubles.
This amount is Dmitriev I.I. handed over to Kapitonov F.K. in full on the day of signing the contract. The evidence is a completed receipt for the transfer of funds. Clause 6 of the agreement states that the seller is the owner of the car and confirms the absence of any rights to it from third parties.
On January 18, 2021, when trying to register a car, Dmitriev I.I. it became known that the vehicle was wanted. In addition, an auto technical examination showed that the VIN number on the car was altered. As a result, the car was seized and placed in the impound area.
In connection with the above, Dmitriev I.I. believes that in the actions of Kapitonov F.K. there are signs of a crime under Part 4 of Art. 159 of the Criminal Code of the Russian Federation - fraud committed on an especially large scale. The amount of damage caused to I.I. Dmitriev is 1,100,000 rubles.
Based on the above, I ask you to check the facts stated in the statement and, if there are grounds, to bring F.K. Kapitonov to criminal responsibility.
Appendix (copies of documents):
1) Passport addressed to Dmitriev I.I.
2) Car purchase and sale agreement dated January 15, 2021.
3) Receipt for the amount of 1,100,000 rubles.
4) Documents on the vehicle.
5) Materials compiled on the fact of the seizure of the car by traffic police officers.
Dmitriev I.I. confirms that he is familiar with the liability for giving false testimony under Art. 306 of the Criminal Code of the Russian Federation.
Date Dmitriev I.I.
Application to the prosecutor's office about fraud
If you are being harassed by advertising calls
- Pyotr Petrovich, hello! Megabank has prepared a personal offer for you - a cash loan up to 1,000,000 rubles without certificates. Are you interested in this offer?
And even if a person says that no, he is not interested in the offer, the bank begins to inundate him with spam emails, send SMS messages, and call him regularly. And if this is a citizen with a good credit history, a former or current depositor, such spam can be sent by different banks. It is clear that this is terribly annoying.
Such spam can come not only from the bank. Often advertising calls are made by telecom operators, telecommunications service providers, salons, etc.
And before you look for where to file a complaint about calls from the bank, you need to understand whether they are even legal. Most often, the bank’s actions are completely legal, since the citizen himself agreed to the advertising mailing.
How to file a fraud complaint with the prosecutor's office
There are several options. So, it is possible to submit an application in person. Then, on the second copy, the authorized employee of the prosecutor’s office must sign for the acceptance of the documents, simultaneously indicating the date and position held. When an application is submitted by a representative, a copy of the power of attorney is additionally attached to it.
It is possible to send an application by mail. The shipment is sent by registered mail with a list of attachments.
Finally, it is possible to address materials online. For this purpose, each prosecutor's office has its own Internet reception. Rules for submitting documents are contained on the corresponding website.
List of attached documentation
Such a list, which contains all the required documents, does not exist in any regulations. However, if you look at criminal law, you can understand that there is such a definition as the relevance of the facts provided. Thus, all documentation must indicate multiple or single factors in the criminal case. Below is a specific list that allows you to correctly send a case to the investigative committee about fraud (taken from the sample):
- Precondition.
- Information on registration of individual entrepreneurs, which also indicates the place of registration of the legal entity.
- Reference certificate confirming income level. It is used to record the amount of damage suffered.
Photocopies of documents are allowed to be provided. During the investigation, the police officer must check them against the originals and approve them.
Some other business papers included in the action:
- Guarantee – in case of non-return of money borrowed by the fraudster.
- Invoices, agreements - in case of non-return of funds received from the sale of goods taken from a defrauded person.
- Documentation containing data about a gadget or any other technical device - if it is stolen.
- Evidence on electronic media - this usually happens when a crime was committed in a transaction via the Internet. A special police department deals with such cases. This does not oblige you to indicate exactly such a department, since the institution will figure it out themselves.
- Information on transactions made with bank cards, accounts, etc. – when funds disappear from them.
- Business papers associated with real estate - when the object of the scam is real estate.
Usually, when all the documents that most fully reveal the circumstances of the fraud are provided, the case is considered within three days, sometimes within ten days, after which the consideration proceeds according to the relevant article. But such statements are not always accepted by the police.
Carrying out verification actions on the application
In addition to the statement itself, the person who contacted the prosecutor’s office may be summoned to give explanations to the investigator. They can be recorded independently or by a prosecutor from the words of the victim.
Here it is already necessary to set out all the details related to the crime.
The applicant must describe in detail what happened to him during at least the day the crime was committed:
- What places was he in?
- Who did you call and communicate with?
- What kind of transport did you use, indicating at least the approximate time of each action?
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This will help identify witnesses and eyewitnesses to the crime. Other persons who have information of interest to the investigation. As well as photo and video recording systems that could record the fact of committing fraudulent actions.
In some cases, the prosecutor may ask to provide a printout of telephone calls, SMS messages or Internet correspondence, in the interests of a faster and better investigation.
The application with the attached documents is submitted to the head of the prosecutor's office, who decides which employee will deal with this application.
The applicant may be summoned to the prosecutor's office again for clarification or to give new testimony. In the process of conducting verification activities, the prosecutor's office may cooperate with other law enforcement agencies.
When a client agrees to receive advertising mailings
More often than not, people don’t even remember or know that they consented to the bank sending them promotional materials via email, SMS or phone call. At what point does this happen:
- when concluding any contract in the office. For a loan, deposit, opening a card, account, etc. The form has a consent field for advertising mailings, and often citizens check it automatically, agreeing to all the conditions;
- when filling out an online application for a loan, card, deposit or other banking service. In this case, most often the checkbox for agreeing to the advertising mailing is checked automatically; the client does not notice it, although he can uncheck it.
When filling out an online application, the client is usually asked to check three consent boxes: with the processing of personal data, with a public offer and with an advertising mailing. Most applicants automatically agree to everything immediately, although they could opt out of the advertisement by unchecking the box.
Time limits for consideration of an application for fraud by the prosecutor's office
What is the time frame for processing the results of an investigation into a fraud complaint at the prosecutor’s office?
The verification of the application is carried out within 10 days, the verification period may be extended on the grounds provided by law. At the end of the verification actions, the prosecutor makes a decision to initiate a criminal case on this fact or to refuse.
The decision on the appeal is drawn up in the form of a written resolution and sent to the applicant by post.
If the responsible person makes a decision to initiate a criminal case, the written decision is submitted for study to the head of the unit, and then to the head of the prosecutor's office.
Management makes a decision to approve the resolution or to return the inspection materials to the contractor for additional measures to investigate the complaint.
When the resolution is approved, the inspection materials are transferred to the investigative authorities and a criminal case is initiated on this fact. The applicant is called again by the investigator to clarify previous data or give new testimony.
If the prosecutor decides not to initiate a criminal case and it is approved by management, the investigation into the fraud claim is terminated. The applicant is notified of this in writing by an appropriate resolution.
The legislative framework
- Order of the Prosecutor General's Office of Russia "On approval and implementation of the Instructions on the procedure for considering applications and receiving citizens in the prosecutor's office of the Russian Federation" No. 45 dated January 30, 2013.
- Order of the Ministry of Internal Affairs of Russia “On approval of the Instructions on organizing the consideration of citizens’ appeals in the system of the Ministry of Internal Affairs of the Russian Federation” No. 707 dated September 12, 2013.
- Federal Law “On the procedure for considering appeals from citizens of the Russian Federation” No. 59-FZ dated May 2, 2006.
- Federal Law "On the Prosecutor's Office of the Russian Federation" No. 2202-1 dated January 17, 1992.
- Criminal Code of the Russian Federation No. 63-FZ dated June 13, 1996.
Complaints not addressed
After the inspection, the basis of which was the application of the interested person, the final decision is sent to his address. It may satisfy the applicant or be of an explanatory nature.
Please note! When a complaint cannot be considered by the Prosecutor's Office due to its lack of competence, it is sent to the competent authority, of which the applicant is required to be notified.
The appeal may be left without consideration. The following reasons are given for this:
- the statement was made using obscene language,
- written in illegible handwriting,
- applicant is unknown
- an application on the same issue had previously been considered, and a decision on it was made and sent to the applicant.
Complaint about the inaction of the Police to the Prosecutor's Office.
