Nuances of filing a fraud claim. Submission to OBEP and sample document

Reporting fraud to the police: contents

Fraud is the theft of property or money through deception or abuse of trust (Criminal Code of the Russian Federation, Article 159. Fraud). The police officer is required to fill out an application (Article 12. Responsibilities of the Police) which must indicate:

1. Victim details: full name, telephone number, residential address, place of birth (Code of Criminal Procedure of the Russian Federation Article 141. Statement of crime);
2. Data of the official to whom the application is sent indicating position and rank. Usually the application is filled out in the name of the head of the police department.
3. The name of the document being sent is indicated, in this case it is “Application”;
4. Next, the essence of the crime that occurred should be described in detail and in as much detail as possible. Be sure to indicate the exact sequence of your actions and the actions of the attacker. It is necessary to indicate the time of the incident (by the hour), all the characters involved;
5. If there are any copies of documents relevant to the case, these must also be attached to the police report for fraud;
6. Assistance in drawing up should be provided by a police officer:
7. After describing the events, you should indicate the article under which a criminal case should be initiated - the Criminal Code of the Russian Federation Article 159. Fraud;
8. A note is made that the applicant has been warned of the consequences for a knowingly false denunciation (Code of Criminal Procedure of the Russian Federation, Article 141. Statement of a crime);
9. The document is dated and signed;
10. If there are documents attached to the application, they are also indicated;

IMPORTANT! After writing the application, a resolution to initiate a criminal case follows (Code of Criminal Procedure of the Russian Federation, Article 146. Initiation of a criminal case of public prosecution).

What is fraud

The Criminal Code defines fraud as the taking of property or rights to it through deception or abuse of trust.

Today, separate punishments for this crime exist in the spheres of banking, business and insurance activities.

In addition, certain articles of the Criminal Code provide for liability for fraud in the field of social benefits and computer technology.

From life, there are enough examples of abuse of trust. For example, an acquaintance borrowed money and does not pay it back.

There are many ways to scam people over the phone and on the Internet. Let’s say a person paid money for a product in an online store, but it didn’t arrive. Many elderly people are robbed of their money by swindlers under the guise of social service workers.

Liability for fraudulent actions is aggravated by the amount of damage, as well as the number of persons involved in the crime.

For example, for deception committed by a group, a completely different punishment is provided. In addition, minor (within 1000 rubles) fraud may result in administrative liability.

We recommend! What to do if you were beaten

Reporting fraud to the police: features

Filling out the form has the purpose of initiating a criminal case. The reason is the statement itself (Code of Criminal Procedure of the Russian Federation, Article 140. Reasons and grounds for initiating a criminal case). It is important to remember that anonymous applications will not be accepted. A crime can be reported orally, then the information received is entered into the protocol.

IMPORTANT! If the victim cannot be present when drawing up the statement, then a report is drawn up on the discovery of signs of a crime (Code of Criminal Procedure of the Russian Federation, Article 143. Report on the discovery of signs of a crime).

Reasons for complaints to OEBiPK (OBEP)

There are many legal grounds for filing a complaint, here are just a few:

On these grounds, you can complain about the organization.

In addition, a worker can file a complaint against an employer if:

• the employee is not registered, he can be left without work at any time, without any explanations or social guarantees, the fact of violations is obvious;
• if employees are not officially registered, it means that the employer does not pay payments to the state budget, and therefore it is possible that he is also concealing profits, which is detrimental to the state treasury.

To begin with, you can contact the labor inspectorate if they do not want to officially employ you. The control body does not respond to your requests? Then feel free to write to the Department for Combating Economic Crimes (OBEP). In this case, the issue will be resolved immediately.

Reporting fraud to the police: deadlines for consideration

Requirements for the timing of consideration of a criminal case and for the acceptance of any applications are enshrined in Art. Art. 144, 145 of the Criminal Code of the Russian Federation. An allegation of fraud must be reviewed by a police officer within 3 days. At the end of this process, a decision must be made on further activities. If the fact of the offense has been confirmed, a criminal case is initiated. In this case, the applicant must be notified of this in writing.

If a law enforcement officer needs time to gather additional information, the review period may be extended to 30 days. However, the category of cases related to fraud is in most cases initiated within 3 days.

Legal basis

OBEP is the previously existing abbreviation of the institution. Now it has been renamed OEBiPK . It stands for the following: Department of Economic Security and Anti-Corruption. The structure deals with serious issues in the field of protecting and protecting the economic security of our country. Within the framework of criminal law, the institution deals with issues related to violations related to the crimes specified in Art. 159 of the Criminal Code of the Russian Federation – fraud.

In addition, the structure deals with issues of administrative violations included in Art. 7.27 Code of Administrative Offenses of the Russian Federation – petty theft.

The difference between these articles lies only in the social danger, which is expressed in financial terms.
According to the Code of Administrative Offenses of the Russian Federation , cases are considered when fraudulent schemes are identified, when the damage to the victims does not exceed 2,500 rubles . If the amount of fraud turns out to be significantly higher, then the punishment will be imposed in accordance with the Criminal Code.

What to do if they refuse to initiate a case?

The most common reason for refusal to accept a police report about fraud is that the applicant cannot prove the amount of damage caused. If a law enforcement officer does not accept a statement, it is important to remember that:

• Any action of a government representative can be appealed to higher authorities;
• A complaint against the actions of a police officer must be accepted in any case;
• At the time of refusal, Art. Art. should be appealed. 144, 145 of the Criminal Code of the Russian Federation (the procedure for considering reports of a crime and the list of decisions made on them).

How to contact the Ministry of Internal Affairs via the Internet

You can submit an online application to the Ministry of Internal Affairs about an offense in 2020 in all regions without registration through:

• website of the Ministry of Internal Affairs of the Russian Federation;
• website of the Ministry of Internal Affairs of your region;
• mobile application of the Ministry of Internal Affairs.

IMPORTANT!

Through the Gosuslugi website, in most parts of Russia, appeals are available only to the prosecutor’s office; whether it is possible to file a complaint online with the police in your region is checked in the user’s account.

Please note that if a crime has occurred, an event that directly threatens personal and public safety at the present time, you should promptly call 02 from a landline phone and 102 from a mobile phone. For other requests, read the step-by-step instructions on how to write a police report online, where to find the form and when to expect a response.

Step 1. On the main page of the Ministry of Internal Affairs website, click the “For Citizens” section button. Select the item “Reception of requests from citizens and organizations.”

Step 2. In the list of departments, select the desired department, mark it by checking one of the boxes. Information about the functions of the department will open; after selecting the department, click “Continue” at the bottom of the page.

Step 3. Read the information provided, check the box confirming that you have read it, and click “Submit an appeal.”

Step 4. Fill out the form that opens - option for the regional website of the Ministry of Internal Affairs of the Tver Region.

Step 5. Having selected a territorial division, fill in the information and indicate the address for response and the location of the event that you intend to report.

Step 6. If your written request is repeated, provide information about where and when you already wrote. Fill out the “Text of Appeal” window - the police application form to fill out is not approved by law. It is better to prepare the text that you enter into the online form in advance. Attach files with the necessary documents (if any). Send a request.

How to find the required OEBiPK?

Each city has its own division of this department. You can determine the required OESiPK for those living in a big city in the following way:

• find out which district the address where the applicant lives belongs to (this can be done using an Internet search engine or an address book);
• Type “police department” into an Internet search engine and then indicate the area.

As a rule, police departments have official websites where you can see whether the applicant's address belongs to this department or not. You can also call the department’s duty department and clarify whether you have decided to apply correctly.

How to write correctly?

Any investigation of a crime begins with the initiation of a criminal case. And although extortion, in accordance with Part 5 of Art. 20 of the Code of Criminal Procedure of the Russian Federation, refers to cases of public prosecution; in most cases, the investigation begins with the filing of a statement by the victim himself or his relatives.

In accordance with Art. 141 statements can be made in writing or orally. The oral form is a report of a crime or a complaint entered into a protocol, which is subsequently signed by the applicant with the attachment of his passport data (or data of another identification document).

Important! Most often, in extortion cases, a written statement is filed. It is important to note that it is submitted in two copies, since one remains with the investigative authorities, and the second with a mark of acceptance is returned to the applicant.

The application form can be found on the website of law enforcement agencies (for examples of completed applications, see below in the relevant sections) or you can receive it directly on site at the duty station.

The structure of an application to initiate a criminal case is usually as follows:

• the header of the application (as a rule, it is submitted to the head of the department);
• the statement itself (the crime is described in detail, data confirming it is indicated);
• an indication that the applicant has been warned of liability for knowingly false denunciation with reference to Art. 306 of the Criminal Code of the Russian Federation and the signature of the applicant;
• list of attachments to the application (written evidence of extortion, etc.);
• date and signature of the applicant with transcript.

Recommended structure

The header represents the recipients of the application and from whom it was received. The application is submitted to the head of the territorial body; accordingly, the following is indicated:

• name of the law enforcement agency;
• position and special rank of the head of the territorial unit;
• his full name.

The applicant indicates:

• Full name, residential address;
• place of work and position (to make it more convenient to contact him during the investigation);
• other contact information (home, mobile or work phone, email, etc.).

The main part of the application contains a detailed description of the crime committed (attempted crime). It is advisable to begin the appeal with the following phrase: “I ask you to register my statement of crime and initiate a criminal case on the grounds of a crime provided for in paragraph _ part _ art. 163 of the Criminal Code of the Russian Federation (extortion). Based on Part 2 of Art. 145 of the Code of Criminal Procedure of the Russian Federation, please inform about the result of consideration of this application with an explanation of the right and procedure for appealing the decision.”

It is necessary to correctly indicate the part of Article 163 of the Criminal Code of the Russian Federation. Thus, the act is qualified under Part 1 if the extortionist:

• acted independently, without the help of others;
• demanded property worth less than 250 thousand rubles;
• He only made threats, but did not use actual physical force.

The act is qualified under Part 2 if:

• committed by a group of persons by prior conspiracy;
• violence was applied to the victim (beatings, harm to health of mild or moderate severity);
• The extortionist's demands amounted to more than 250 thousand rubles (in monetary terms, in accordance with the market value of the required property on the day the crime was committed).

Part 3 of this article is indicated if:

• extortion was committed by an organized group;
• the amount of claims exceeds 1 million rubles;
• The victim suffered serious harm to health.

Often, crime applicants confuse parts 2 and 3, not distinguishing a group of persons from an organized group. There's nothing wrong with that. The application will still be accepted, but the investigator will reclassify the part during the investigative actions.

After the above phrase, it is necessary to state the essence of the extortion committed: describe the event of the crime, indicate as precisely as possible the time, place and circumstances of the extortion committed.

For example:

“09/21/2019 at 19:30 minutes, citizen Viktor Viktorovich Petrov, who lives next door to me (address indicated), stopped me on the landing and, threatening to burn my car (car characteristics), demanded that I give him 10,000 (ten thousand) rubles until 10 p.m., after which he punched me in the face.”

Reference. An important part of any criminal complaint is the availability of evidence. The statement must indicate all currently available evidence (correspondence on social networks, recorded telephone conversations, etc.), list the names of witnesses and eyewitnesses of the extortion committed.

For example:

“While citizen Petrov V.V. threatened me, we were watched through the peephole by our neighbor, citizen Alexandra Ivanovna Kulikova (address indicated), who can confirm everything she heard. When Petrov V.V. hit me, citizen Sergei Valentinovich Ivanov was walking up the stairs (residence address is indicated).”

Below the statement the following phrase should be written: “On criminal liability for knowingly false denunciation under Art. 306 of the Criminal Code of the Russian Federation warned. The applicant signs for this.

Below is a list of documents attached to the application . To initiate a case, the application itself is sufficient, but if there is written evidence, it would not be amiss to attach it:

• screenshots of correspondence on social networks;
• letters of demands or threats;
• medical report on the use of physical force, etc.

The application must be completed with the date and signature of the applicant with a transcript.

Recommended reading:

Concept and composition of extortion

Types and methods of committing extortion

Qualifying signs of extortion

If the object of the attack is money

According to statistics, extortionists most often demand a specific amount of money, rather than property or rights to it. There will be no special features in submitting an application, but it is important to consider several factors:

• what exact amount the criminal requires (to qualify the act) is indicated both in numbers and in words (for example, 15,000 (fifteen thousand) rubles);
• method of transmission;
• place and time of transfer of money, etc.

The rest of the application is drawn up according to the scheme given in the previous paragraph.

A sample of a completed application for extortion of money may look like this:

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If the crime is committed using threats

Extortion is only considered as such when the property demand of the criminal is associated with a threat:

• life or health of the victim or his relatives;
• destruction of his property;
• dissemination of information discrediting the honor and dignity of the victim or his relatives;
• dissemination of legally protected secrets (personal, commercial, adoption secrets, etc.) held by the victim of extortion or his relatives.

The statement must clearly indicate what exactly the extortionist threatened, to whom and how. For example:

“Citizen Petrov V.V. demanded 10,000 (ten thousand) rubles from me, which I had to hand over to him before 22:00 on the same day, otherwise he threatened to tell my boss at work that I had an intimate relationship with his wife.”

It is important to note that in some cases, threats, in particular those that were carried out, may be grounds for initiating a criminal case not only under Art. 163, but also according to other provisions of the Criminal Code of the Russian Federation:

• the information that the extortionist did disseminate turned out to be slander - an appropriate part of Art. 128.1 of the Criminal Code of the Russian Federation;
• The extortionist not only threatened, but also destroyed property belonging to the victim - Art. 167 of the Criminal Code of the Russian Federation, etc.

Sample of a completed application for extortion using threats:

Recommended reading:

Concept and composition of extortion

Types and methods of committing extortion

Qualifying signs of extortion

Application form

Content

The legislative standards of the Russian Federation do not provide for an approved application form. At the same time, the practice and norms governing the procedure for considering citizens’ complaints about fraud must comply with documents of this kind.

The application form does not differ from a similar standard document and contains three blocks:

• "Hat."
• Main text.
• Signature and date of compilation.

1) The “Header” displays:

• The name of the police department, reflecting the full name. his boss. The duty department should have a stand where application samples are posted. In the absence of such a stand, full name. You can find out the head of the department from the officer on duty.
• Information about the applicant, indicating:
• His full name
• Residence addresses.
• Contact phone number.

2) You will have to treat the main text responsibly. The fact is that the author of the statement is immediately warned of criminal liability for giving false testimony. Therefore, when drawing up a statement of fraud, it is necessary to display the facts in such a way that the suspect does not accuse the complaining citizen of slander. When presenting the essence of the message, you need to follow a certain sequence of actions, namely:

• Outline your message.
• State the facts of illegal actions in chronological order.
• List the persons involved. At the same time, information about them must be presented only if they are documented. As a last resort, you need to use the wording, for example, “F.I.O. the words".
• Separately include witnesses who can confirm the fact of fraud.
• Identify valuables stolen by the suspected fraudster, detailing their characteristics to identify them as belonging to the victim.
• Provide other details.

3) At the end of the written document, you must put the date of its preparation and the signature of the applicant.

Note : If the applicant has difficulty completing the application, the police officer on duty will assist in completing it.

Grounds for application

The basis for filing a statement of fraud may be the presence of sufficient information indicating signs of a crime, in accordance with Part 2 of Art. 140 of the Criminal Procedure Code (CPC) of the Russian Federation. According to this code, the concept of fraud involves the fraudulent appropriation of rights to someone else's property or the use of a citizen's trust for criminal purposes.

If such facts are revealed, the injured person must write a statement to the police. The police do not have the right to refuse to register such a complaint accordingly. The application can be submitted either in writing or orally. At the same time, an oral complaint about fraud is drawn up in a protocol indicating the details of the applicant and documents proving his identity. The drawn up protocol must be signed by the applicant.

It should be noted that according to the legislation of the Russian Federation, the punishment for fraudulent actions is quite severe.

How to file a fraud report with the police?

As noted earlier, fraud involves the appropriation of someone else’s property through deceptive actions or the use of trust for personal gain (Article 159 of the Criminal Code of the Russian Federation).

If a person has become a victim of fraudulent schemes, it is recommended to contact law enforcement agencies as soon as possible. It is necessary to send an application immediately after identifying this fact, without wasting time on independent investigation and assessment of the event. For example, when a crime is detected, it is necessary to call the police to inspect the crime scene without touching objects or leaving the scene until the police arrive. In such circumstances, a statement can be written directly at the crime scene.

The procedure for filing a fraud report is quite simple. It can be handed over to the police or prosecutor’s office in a manner convenient for the victim, including:

1. When visiting a police station or prosecutor's office in person.
2. Send by registered mail with notification of delivery to the addressee.
3. Using the Internet.

When contacting any law enforcement agency, you will need to present your passport. The application is registered by the duty officer of the department and an investigation will be launched into it.

Where to go if you are a victim of extortion?

Under such circumstances, many citizens have a question about where to file a complaint about extortion. By the way, there is not much choice here, because... Only the police are authorized to consider and act on such requests.

A statement of extortion to the police is no different from statements of other crimes. Those. the same procedure exists here, namely: filing can take place either at the place where the crime was committed or to any police department on the territory of our country. After the appeal is accepted, it will be forwarded to the territorial authorized office.

Pros and cons of using the Internet to file a fraud report

Pros:

1. No connection to the working hours of organs.
2. A homely environment that allows you to calmly present the circumstances.
3. An alternative to a personal visit when the latter is not possible (for example, due to illness).
4. Reducing time costs.

Minuses:

1. The need to register or log in, which often causes difficulties.
2. Problems with the Internet portal.
3. Problems with connection.

The legislative framework

Everything related to extortion is described in Article 163 of the Criminal Code of the Russian Federation. This includes situations when a person is asked to give him money or other valuable property just like that or in exchange for something, without having any legal grounds for doing so.

In case of refusal to comply with the requirements, the attacker threatens to cause physical or psychological harm to the health, as well as the life of the victim or his loved ones. The term of punishment, which is determined by the judge at the hearing, depends on the presence or absence of aggravating circumstances.

Is there a chance of getting my money back?

The applicant's chances of getting his money back, as practice shows, are practically negligible. This is due to the high complexity of such cases. Fraudsters are extremely difficult to identify; their accounts, telephone numbers, and addresses are registered to other people , and the stolen money is quickly withdrawn through exchange, purchase of goods, etc. As a rule, such offenses are interregional in nature. In this case, the investigation is hampered by the disunity of law enforcement agencies.

Some types of fraud are complex financial and technical frauds that require specialized knowledge to analyze and understand, which police officers often do not possess.

What could be the evidence?

Article 74 of the Code of Criminal Procedure of the Russian Federation establishes a list of evidence in criminal proceedings. These include:

• testimony of the alleged attacker;
• testimony of the victim or witness;
• conclusion and testimony of an expert or specialist;
• evidence;
• protocols of investigative and judicial actions;
• other documents.

Article 26.2 of the Code of Administrative Offenses of the Russian Federation, in addition to those mentioned above, names:

• protocol on an administrative offense and other protocols in accordance with the Code of Administrative Offenses of the Russian Federation;
• explanations of the alleged offender;
• indications of special technical means.

Physical evidence is, for example, photographs, video and audio recordings, letters, checks, receipts and other paper media that indicate a criminal act.

You can view other tips and tricks on how to prove fraud here.

What is the review procedure?

After filing an application for fraud in the event of an administrative offense, an administrative offense case must be initiated. Within the meaning of Art. 28.7, the case must be initiated immediately after the fact of an administrative offense has been discovered .

A copy of the determination to initiate a case is sent within 24 hours or handed over to the applicant against receipt (clause 3.1 of Article 28.7 of the Code of Administrative Offenses of the Russian Federation). Next, the official conducts an administrative investigation, the duration of which is 1 month, in exceptional cases it can be extended to 6 (clause 5 of Article 28.7). Based on the results of the investigation, the following is issued:

• protocol on an administrative offense against the guilty person;
• a resolution to terminate the case of an administrative offense if nothing could be identified.

In criminal proceedings, an OEBiPK employee will check the report of a crime and make a decision on it no later than 3 days, the maximum extension period is no more than 30 days (clauses 1, 3 of Article 144 of the Code of Criminal Procedure of the Russian Federation). During verification activities, the detective must obtain explanations from the applicant, witnesses, and the attacker (if any), and examine the necessary evidence. Based on the results, the detective makes a decision:

• to initiate a criminal case;
• on the transfer of the case under jurisdiction (to another body);
• refusal to initiate criminal proceedings.

Procedure for contacting the police

The sequence of actions, as well as the standard form of treatment, are the same regardless of the type of crime. Therefore, for the success of the event, you must follow the instructions.

Try to provide as much information as possible

Describe exactly the circumstances of the crime. If we are talking about a monetary amount, indicate it as accurately as possible. The same applies to the time of the offense. Do not ignore this instruction, otherwise your application will not be accepted.

Control deadlines

Police officers have 3 days to make a decision on the application. During this period, it is better for the victim to come to the department and inquire about how the case is progressing. You can provide additional information.

How to file a complaint with the Department of Economic Crimes (OEBiPK)?

You can use any available method to submit an appeal:

• come in person and submit an application to an authorized employee;
• send by registered mail via mail with receipt of receipt attached;
• submit an application online via the Internet.

The latter method has become increasingly popular in recent years. Since deceived citizens can fill out the application form at home in a calm environment on the official website of the Economic Safety and Security Commission, which allows them to save personal time.

An anonymous complaint will not be accepted for consideration. Therefore, when filing an application for a financial crime, you need to provide information about the applicant and the address for sending a response based on the results of the audit.

What is considered extortion?

Important! Please keep in mind that:

• Each case is unique and individual.
• A thorough study of the issue does not always guarantee a positive outcome. It depends on many factors.

To get the most detailed advice on your issue, you just need to choose any of the options offered:

• Use the online chat in the lower corner of the screen.
• Call: Federal number: +7 (800) 511-86-74

The problem with the correct interpretation of this norm is that the Criminal Code of the Russian Federation contains several related articles, which in their composition are extremely similar to extortion. Therefore, it is advisable to give an example of a typical extortion.

Abstract example from life

Citizen A. demands from citizen B. a specific amount of money, under the threat of violence, blackmail, disclosure of any information, etc. This is extortion.

During a robbery, citizen A. will not make demands on B., but will immediately bring his intention to life. Plus, robbery is a one-time and fleeting incident, in which the attacker is not aware of (in most cases) what kind of property and in what amount he will get.

As for extortion, it is usually long-term in nature , and the attacker demands specific property in a specific amount. For example, a certain amount of money. Those. Having delved into the mechanism, it becomes clear how exactly extortion differs from similar compounds.

Article for extortion of money

We’ve already explained what can be considered extortion; now we’ll tell you what article is provided for by law for extorting money. In the current version of the Criminal Code of the Russian Federation, extortion is provided for in Art. 163. But the term for extorting money may vary in several ways:

• “simple” extortion (without violence and not on a large scale) - up to 4 years with a fine of 80 thousand rubles
• on a large scale, by a group of persons, with the use of violence - up to 7 years with a fine of up to 500 thousand rubles
• by an organized group, on a particularly large scale, causing grave or especially grave harm to health - from 7 to 15 years with a possible fine of up to 1 million rubles

Moreover, if an amount of more than 250 thousand rubles is extorted, this is a large amount. Over 1 million rubles - especially large.