Let's reveal the cards
Corresponding amendments were made to the resolution of the plenum “On judicial practice in cases of theft, robbery and robbery.” As Vladimir Gruzdev, Chairman of the Board of the Russian Lawyers' Association, said, the plenum of the Supreme Court of Russia has now clarified important details related to criminal prosecution for theft of money from other people's bank cards.
He recalled that back in 2002, the plenum of the Supreme Court of Russia adopted a resolution “On judicial practice in cases of theft, robbery and robbery.” It talked, of course, about good old (more precisely, bad) thefts, figuratively speaking, from pockets. But a lot has changed since then. We pay in cash less and less, and thefts are increasingly becoming electronic. Criminals no longer reach into our pockets for change, but take out marked cards from our sleeves. Banking. Moreover, crimes are committed - wittingly or unwittingly - not only by hardened criminals.
“Even an ordinary person who secretly withdraws money from the card of a friend or relative becomes a criminal. This must be understood,” emphasizes Vladimir Gruzdev, Chairman of the Board of the Russian Lawyers Association. For example, 33-year-old Marina K., a resident of the Nyuksensky district of the Vologda region, secretly withdrew several thousand rubles from her mother’s account.
“In the fall of 2021, K. transferred money from her mother’s phone three times from her account to her card and her mobile phone account. The total amount of the stolen goods was 3,150 rubles, says the joint press service of the courts of the Vologda region. — The defendant admitted guilt. According to her, she knew that her mother’s bank card received her salary and that she had Internet banking connected. However, no security passwords were set on the mother’s phone. Her mother allowed her phone to be used only in her presence to call someone. The daughter spent the money for personal purposes, since she herself does not work anywhere and receives only child benefits.”
The mother told the court that she found out about the loss when she tried to withdraw money from the card. The day before, her salary was supposed to be credited, and her adult son also transferred money to her account.
“She called the operator and found out that a debit had been made from the card. The daughter denied that she transferred money, but after contacting the police she confessed, the press service continues. “Currently, her daughter has compensated her for the damage.” The victim did not insist on a strict punishment; she asked her daughter not to be deprived of her freedom, since she was raising her little son.”
In other words, if the daughter had found the strength to honestly admit everything to her mother, she would have ended up just being a mother's mess. Although theft would not cease to be theft. After the police got involved, even at my mother’s request, the process could not be stopped. The court sentenced Marina K. to 9 months of suspended imprisonment.
Now the plenum of the Supreme Court of Russia has supplemented the old resolution with special clauses explaining the features of bringing to criminal liability for electronic thefts. Back in 2018, changes were made to the Criminal Code, according to which the theft of money from a bank account, as well as in relation to electronic funds, is equivalent to theft on a large scale. Special clarification: even if a person somehow found out the passwords of someone else’s card, withdrawing money from it without asking is a crime.
I can’t get a job with a criminal record (5 years ago, article 158. part 2) What should I do?
From the standpoint of the Law (clause 6.Article 86 of the Criminal Code of the Russian Federation), expungement or removal of a criminal record cancels all legal consequences associated with a criminal record. Thus, after expunging a criminal record, a citizen can not only go to work of his choice (if there is a vacancy, taking into account his specialty, professional skills, etc.) but also, for example, obtain a license to store weapons to work as a bodyguard or security guard ( unless he was convicted of a serious or especially serious crime). Therefore, there can be no restrictions on work activity. When filling out a job application, a previously convicted applicant can safely write that he has no criminal record (if, of course, the criminal record has been expunged or removed). However, to be on the safe side, it is better to apply for small companies and ordinary positions. In such cases, most likely, the security service will not check the candidate. Official or personal interest on the part of the employer has no legal basis. The employer has the right to request from the applicant only information that is directly related to the upcoming work.
In real life, the right of persons with previous convictions to employment, even whose criminal record has been cleared or expunged, is not so successfully implemented.
When applying for a job, questions about criminal records must be answered when filling out the application form, and the same questions are asked during the interview.
Employers, represented by government organizations and institutions, are interested in information about criminal records when hiring employees at any level, especially if a specialist is selected for middle and senior management positions in the financial sector, as well as for financially responsible positions, for vacant positions where future work will be related to information technology. However, much depends on the level and prestige of the vacant position. If an applicant is applying for the position of head of a department in a bank or company, then information about the applicant’s criminal record will be checked by the security service without fail. But if we are talking about, say, the position of a manager-consultant or salesperson in the building materials or household goods department, then this fact will not be of decisive importance.
Since Article 65 of the Labor Code of the Russian Federation establishes a list of documents to be submitted when concluding an employment contract, which does not imply providing employers with information about a criminal record (if we are not talking about entering the civil service), then the decision to include the company management, HR department or security service item in the questionnaire, something other than their initiative and not always legitimate. Otherwise, the actions of employers may be regarded as discrimination, as is clearly stated in Article 3 of the Labor Code of the Russian Federation.
In practice, there are cases when in the application forms for employment, instead of the column “conviction”, there is a question - Have you been brought to criminal or administrative liability? And this is far from the same thing. But for personnel personnel, this is a good reason for making a decision to refuse to hire on the principle: “Either he stole, or it was stolen from him, but there was something.” But formally, the reason for refusal can always be given. The real reason for refusal to hire may be related, for example, to the employee’s business qualities.
Of course, you can try to defend your rights by demanding a written refusal to hire with justification for the reason, but in practice it is unlikely to receive one. But even if there is no refusal in writing, there is still a reason to go to court to protect your rights (if you have physical and moral strength, and time).
It is much more difficult for an employer to fire an employee if, when checking his data, it turns out that he has an expunged or expunged criminal record, which he did not indicate in the application form.
Among the grounds for dismissal at the initiative of the employer, there is no such reason as concealing a criminal record or, moreover, concealing an expunged or expunged criminal record in the Labor Code.
If this does happen, and the order to dismiss the employee must indicate precisely this reason, which will undoubtedly entail reinstatement at work through the courts. Moreover, the employee will also receive monetary compensation in the amount of average earnings for the time when he was forced to defend his case in court. In this case, you can also sue for moral damages.
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“Leaky” system: how money is stolen from bank accounts
The question arises: how much is the fault of the banks themselves? In my opinion, banks’ information security is clearly not doing well. Any bank faces a choice - it can provide security in the way it is prescribed by the standards of payment systems and the methodological requirements of the Central Bank and the FSB for information protection. The second option is to build the system so that it is actually safe.
A security system that would protect citizens’ funds in bank accounts almost 100% exists. Its cost depends on the infrastructure of a particular bank, but in general it is millions of dollars. Banks do not create such systems because it is expensive and requires special employees. Banks today do not have enough such employees to ensure real security and at the same time comply with the requirements of the regulator. But there is another reason why banks don't care much about the reliability of their security systems. The fact is that money is stolen not from banks, but from their clients.
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One of the reasons why banks do not create effective security systems is that money is stolen not from the banks, but from their customers.
On the one hand, in Russia today there are almost no situations where hackers hack into accounts without the participation of their owners. In 90% of cases, thefts occur in conditions where the user himself “helps” the attackers - knowingly or unknowingly giving them a password, a code from an SMS confirmation, or installing applications on the phone and, without hesitation, giving them access to SMS messages. Formally, the user himself is to blame - as a rule, he will be able to return the money only if he is very lucky and the police find the scammers. In most cases, it was stolen and it was your own fault; it will be extremely difficult for you to get your money back.
On the other hand, for a person to become a target for attackers, they must gain access to his personal data. As a rule, criminals know quite a lot about their victim, right down to how much money she has in her account. Access to such information can only be achieved through the bank’s “leaky” security system.
As a rule, criminals know quite a lot about their victim, right down to how much money she has in her account.
A revision of information security legislation would help change the situation. Unfortunately, in Russia everything related to the protection of personal data is of a formal nature - people write pieces of paper. This has nothing to do with real protection. Law enforcement officers punish banks for discrepancies in paperwork, and not for personal data leaks themselves. Not having the right piece of paper is bad, but the fact that your database has leaked to 400 thousand clients is not so bad.
The second task is to develop insurance. It allows you to build a scheme where all participants in the process have a unidirectional interest - the insurance company, the banks, and the clients of these banks. It is beneficial for everyone that theft of funds does not occur, so everyone has an incentive to work and prevent such things from happening. Deposit insurance is common in Europe and America. There, in case of fraud, the money is returned to the bank’s clients, and then it’s a headache for the police and security services to look for the scammers. When security services, insurance companies and banks become persons of interest, the police search more aggressively.”
The position of the speaker may not coincide with the opinion of the editors.
