We are writing a statement to the prosecutor's office regarding fraud, sample

• Complaint about committing a crime: the essence of the document
• Application processing time
• Reporting fraud to the police: features of the document
• What to do if they refuse to initiate a case?
• What should I do if a fraud report was filed against me?
• Procedure for signing a statement regarding fraud

One of the reasons for initiating a criminal case is a statement about a crime committed.
This document is registered at the police department and becomes the basis for an inspection. Based on the results of such an inspection, a decision is made to initiate a criminal case. A statement about the commission of a crime (fraud) is provided for by criminal law - Article 140 of the Criminal Code of the Russian Federation. Accordingly, after writing a statement, the investigation of the case begins, the victim gains the opportunity to demand compensation for the harm caused. Therefore, you should contact the police with a statement about the crime that has occurred immediately after committing illegal actions.

statements

There is no standard form for filing a complaint against fraudsters. Below you can download an application template in Word format. When writing it, it is necessary to take into account the signs of a criminal act. You can familiarize yourself in advance with the rules for drawing up statements on the official website of the prosecutor's office. Or, at a meeting with an employee, clarify unclear points and take them into account when drawing up.

This is an example that you can use to fill it out yourself. The form has been compiled taking into account the norms of current legislation. Please note that all information is fictitious.

The concept of fraud and signs of crime

Before contacting the relevant authorities with a statement of fraud, you must make sure that the crime falls into this category of cases. In other words, fraud is the illegal taking of someone else’s property (valuables, money). Fraudsters use simple methods:

1. skillfully gain the trust of citizens;
2. misleads them.

As a result, citizens do not suspect anything that they have been deceived and voluntarily hand over personal belongings and property.

Only legally capable persons over 16 years of age can be held accountable.

Varieties of crime fall under the disposition of several articles of the Criminal Code of the Russian Federation:

• illegal voluntary transfer of property and other objects due to the gullibility of the victim (Article 159);
• the citizen acted as a borrower at the bank and provided false information about himself (Article 159.3);
• a citizen, when applying to a pension fund, social protection department or other government agencies to receive subsidies, concealed, untimely reported information that affected the amount of the payment and its receipt (Article 159.2);
• in case of seizure of funds from a credit institution using a real or counterfeit bank card (Article 159.3);
• intentional evasion of contractual obligations with enterprises of any form of ownership (Article 159.4);
• fraudulent actions with the object of insurance aimed at obtaining the amount of insurance or increasing its size, for example, some citizens specifically simulate an accident in order to receive an insurance payment from the insurer (Article 159.5);
• the use of electronic technologies, including databases, to take possession of someone else’s property (Article 159.6).

If a citizen fails to independently qualify the crime, the statement can be remembered in any case. In this case, you need to take into account the specifics of the case:

• fraudsters provided information that was not true from the very beginning;
• the real data was entered incorrectly or was not communicated to the recipient at all;
• a person falsified documents and presented them as truthful;
• As a result of the fraudster's actions, the citizen was deceived.

Will I be able to get my money back?

As a rule, each modern bank has its own working methods for stopping and returning money illegally debited from a client’s current account. Even if the funds were sent through a fictitious payment order, they first go to the sender’s correspondent account, then to the receiving bank. At each of these stages, money can be “slowed down” to prevent it from falling into the hands of criminals.

Freezing does not mean returning . Returns may be a little more complicated. First, law enforcement officers will have to look into the situation, and the bank will also conduct its own investigation. It usually takes from 30 to 60 days.

The only case when the return of funds is definitely guaranteed is when they are written off from the current account due to an error by the bank itself (an employee or an electronic system).

How to protect yourself from financial fraud

Rules for writing an application

The document is drawn up in any form, filled out by the citizen by hand or on a printing device. It is necessary to comply with the basic requirements for drawing up such appeals:

• the test should be easy to understand and consistent;
• Threats and obscene language are not allowed;
• facts and events are listed chronologically (it is advisable to indicate specific dates and location of the incident);
• indicate details and features of the crime that could affect the search for the criminal;
• write down what legal norms were violated (if known).

The prosecutor's office considers anonymous applications. However, based on such appeals, it will be impossible to bring the perpetrators to criminal liability, since there are no actual victims.

Therefore, in the application you must indicate your full name, registration (residence) address and contact telephone number. In addition, the applicant must attach available evidence on the basis of which the fraudster can be held accountable. For example, these could be:

• documents (fictitious contracts, checks, receipts);
• photos;
• audio or video recordings;
• screenshot of correspondence from social networks;
• items transferred by the criminal in exchange for transferred money or valuables.

All attached evidence must be listed at the end of the application. Contents of the complaint Law No. 59-FZ “On the procedure for considering citizens’ appeals” establishes the basic rules for drawing up applications. In Art. 7 lists the basic requirements for written appeals from citizens. Indicated:

• name and address of the prosecutor's office to which the appeal is submitted;
• information about the applicant (full name, passport details, registration address, email and telephone number);
• details and facts of the incident (what happened and when, other points);
• information about the criminal (if available), if there is no information about the identity, then it is necessary to provide any information about his identity in order to speed up the search for the fraudster;
• a request from the victim, for example, to conduct an inspection and return the money;
• signature of the citizen who applied, transcript and date of completion.

The prosecutor's office cannot bring criminals to justice, but this body is authorized to respond to any appeals from citizens. Therefore, after receiving an application, the authority’s employees are obliged to conduct an inspection and send a response to the application within the established time frame.

What is the penalty for making false statements?

A statement to the police regarding fraud, a sample of which contains all the basic requirements, must be submitted only with truthful information. Providing knowingly incorrect information may result in criminal liability. Similar norms are described in Article 306 of the Criminal Code. The clauses of the article provide that the violator may be subject to a fine in the amount of 120 thousand rubles or the annual income of the defendant. In some cases, the court imposes a prison sentence of up to two years.

A statement of fraud accompanied by forged documents can be punishable by up to six years in prison or a requirement to pay 300 thousand rubles as penalties.

Knowing how to write a written police report about fraud, a sample of which indicates the drafting requirements, can significantly speed up the process. Also, with such knowledge, it is possible to achieve a fair punishment for the perpetrator of certain crimes.

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How to apply

There are several ways to submit the form:

The period for consideration of the application does not depend on the method by which the citizen submits the application to the prosecutor's office. You must have evidence confirming the fact of receipt by the supervisory authority.

In Art. 5 of Order No. 45 of the Prosecutor General’s Office establishes the following rules for sending a response:

• a standard period for responding to an appeal has been determined - 30 days;
• if the application does not require additional checks, it must be done within 15 days;
• if it is necessary to clarify the information, the period for consideration of the complaint can be extended, but not more than 30 days (prosecutor’s office employees are required to notify the applicant about this and list the measures taken)

If a citizen cannot independently draw up a statement to the prosecutor’s office against the actions of fraudsters, he can seek the help of lawyers. This will only speed up the filing of the complaint, which will give a chance for a speedy consideration of the issue.

Author of the document

• Email

To the Head of the Department of Internal Affairs _______________

from Egorov Vyacheslav Grigorievich,

residing at:

__________________________________

tel.:______________________________

Electronic

Submitting an application to the prosecutor's office via the Internet is considered more convenient. Since you do not need to adapt to the operating hours of the institution, the application can be sent at any time of the day. In addition, some senders have doubts about the reliability of sending letters by mail. Moreover, when submitting an application through the official website of the Prosecutor General's Office, you receive a notification that the application has been processed. The application must indicate the citizen’s personal data and the email address to which the response will be sent.

If during the prosecutor's investigation it is established that the applicant provided false information, while he knew that the information was unreliable, such a person will be held accountable for false denunciation. For this purpose, when receiving statements about crimes, a receipt is immediately taken from citizens. It explains that the applicant is aware of the consequences of a false denunciation.

In 2021, the format of electronic applications to the prosecutor's office will be simplified. A super service will be introduced on the government services portal, allowing you to submit a single statement about criminal offenses to the Ministry of Internal Affairs and the prosecutor's office. Consequently, there will be no need to duplicate appeals or wait for response measures from the prosecutor’s office specialists.

What to do if the prosecutor's office refuses to consider the application

As with other government departments, an application to the prosecutor's office about fraud may be rejected. It is usually caused by the inability to determine the identity of a potential criminal, lack of evidence of illegal actions. Such facts will be indicated in the refusal letter, and the prosecutor’s office will receive them from the materials of the pre-investigation check of the Ministry of Internal Affairs. All conclusions indicated in the response must be reasoned and supported by references to the results of inspections.

Cases involving fraud are initially difficult to solve. Therefore, in a refusal of an application, it may be proposed to file a claim in court, demand the recovery of money or the return of property under civil law. If you disagree with the prosecutor's conclusions, you can file a complaint in the order of subordination. If such an appeal does not bring results, you can file an administrative complaint in court.

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Determination of limitation periods

The statute of limitations for fraud differs depending on the severity of the fraudulent crime committed. For minor offenses that were committed personally (not by a group of persons), the general statute of limitations is 2 years from the date of commission of the crime. If the fraud was committed by a group of persons, then this period increases to four calendar years. In cases where damage was caused on a particularly large scale (more than one million rubles), the statute of limitations is ten years.

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The claim of fraud will be accepted even after the expiration of the above period, but it cannot be satisfied according to the current legislation.

To determine the time from which the statute of limitations for fraud begins, you should know several basic regulatory points:

1. According to the law, the statute of limitations should begin to count on the day the victim became aware of the potential fraudster's unlawful intentions. For example, if, according to the contract, you were supposed to receive paid for goods on a certain day, but they did not deliver them (and the supplier does not get in touch), then this very day should be considered the beginning of the limitation period report.
2. If, according to an agreement or receipt, funds (or goods) must be received after a certain period (for example, a month), then the limitation period begins precisely at the moment the funds or goods do not arrive.

In other cases, you should begin your report from the date you became aware of the misconduct.