What do you mean by fraud?

Fraud means the appropriation of someone else's material assets by deceiving the victim. This illegal act consists in the fact that attackers do not steal property or money in front of our eyes in the physical sense of the word, do not enter a home, do not break locks, etc.

The operation is based solely on deceiving a person. Having misled the potential victim, the latter independently parted with his property, money, and rights. At the legislative level, the definition of a crime is fixed in Art. 159 of the Criminal Code of the Russian Federation. For example, by calling your grandmother and posing as a bank representative, a fraudster can ask her for all the information about her accounts.

Fraudulent operations involving the appropriation of someone else's property prevail in the following areas of activity:

• obtaining loans and microcredits;
• computer data (fraud via the World Wide Web);
• receiving funds (benefits, subsidies);
• insurance;
• use of electronic payment methods.

IMPORTANT !!! A person who understands the intricacies of qualifying illegal acts can file a statement regarding fraud committed against an individual. Lawyers recommend that you never determine the type of crime when filing an appeal. Because only a judge and law enforcement agencies can say with certainty what exactly happened, what specific illegal act was committed. Therefore, it is worth describing only the essence of what happened, without going into the nuances of criminal law.

Who to contact

The offense under comment is regarded as a direct violation of human rights and freedoms; as a result, it incurs material damage, as well as moral losses. Accordingly, law enforcement agencies are involved in the investigation and application of enforcement measures.

You can contact the following structures:

1. Police duty station. Initially, you can call there and tell about what happened, but it is better to visit the department and write a statement in writing, gathering your thoughts, maintaining logic and consistency in the text.
2. The prosecutor's office. They are not directly involved in investigative actions, but their scope of activity includes defending violated interests in the role of state prosecutor in the case. Employees accept the appeal and forward it to the appropriate department of the police station under jurisdiction.

The third and most important body is the court. It is within the framework of the trial that the final verdict is made, the degree of guilt of the accused is determined, and measures of influence and correction are prescribed.

ATTENTION !!! Thus, of the proposed options for the structure for appeal, preference should be given to the police. Because in any case, the start of the investigation and subsequent stages will begin in the department. Therefore, you should not waste a minute of time and write a statement directly to the department. Moreover, as practice shows, personal requests are considered faster.

Related documents

• Application for deferment or installment payment of court costs, reduction of their amount or exemption from them
• Employees’ application to the prosecutor’s office for the collection of arrears of wages
• Statement of claim to eliminate the consequences of improper maintenance of a residential building and to recover compensation for moral damage and damages
• Statement of claim - the air temperature in the living room is below standard
• Statement of claim to the court for recovery of the cost of a trip to a health camp
• Statement of claim for recovery of money under the loan agreement and interest thereon
• Statement of claim for debt collection under a loan agreement
• Statement of claim for collection of arrears of wages and unpaid compensation for unused vacation
• Statement of claim for collection of arrears of wages
• Statement of claim for recovery of underaccrued and unpaid wages (in terms of ensuring the minimum wage)
• Statement of claim for recovery of settlement upon dismissal and monetary compensation for violations of the Labor Code of the Russian Federation by the employer
• Statement of claim for recovery of the cost of work not performed (service not provided)
• Statement of claim for damages and payment of penalties for goods of inadequate quality
• Statement of claim for compensation for damage caused by flooding of residential premises
• Statement of claim for violation by the contractor of deadlines for completing work (rendering services)
• Statement of claim for improper performance of utility services, payment of penalties and compensation for moral damage
• Statement of claim for termination of the purchase and sale agreement, recovery of losses, penalties and compensation for moral damages for low-quality goods
• Statement of claim for wage indexation
• Statement of claim for wage indexation 2
• Statement of claim for indexation of awarded amounts in accordance with Art. 208 Code of Civil Procedure of the Russian Federation

How to write an application

Often, having picked up a piece of paper, a person has no idea how to write an appeal, what circumstances to focus on, what to include in the text of the document.

First of all, the content is divided into two logical parts:

1. Formal.
2. Constructive.

The first is a list of information relating to the body being contacted, personal information about the applicant, and contact information.

The second contains a direct description of what happened.

Thus, in general the document will consist of:

• hats. Space is allocated in the upper right corner. The exact name of the appeal body, position, rank and surname of the head of the department, passport information of the applicant, place of residence and registration in case of discrepancy, telephone number for communication are indicated;

• the main section or body of the document. Information about what happened is written here. This is the most difficult part of the text for the compiler.

ATTENTION !!! The applicant is warned in advance of the liability for giving false testimony. The appeal must be drafted in such a way that the violator cannot be sued for slander and there is no possibility of finding fault with the wording.

• It is recommended to follow a certain algorithm when working on this part of the content of the appeal:

1. try to remember all the details and main points of the crime, draw up a preliminary outline of the text,
2. the points of the plan must correspond to each participant in the offense,
3. On a separate sheet, indicate all known persons involved in the case. If there is documentary evidence of information about the full name, then they are indicated. In the absence, the phrase “from the words,
4. build a sequence of actions for each person,
5. indicate possible eyewitnesses in a separate list,
6. describe the property that was illegally taken, provide papers evidencing ownership;

• evidence base. If there is information about previously defrauded persons, email addresses of violators, phone numbers, list of witnesses;
• link to Article 306 of the Criminal Code of the Russian Federation on liability for providing false information. If some arguments or evidence are not reflected in reality, then this is not considered deception;
• list of attached documents (personal bank account agreement, property passport, receipts evidencing purchase);
• Date of preparation;
• signature of the applicant.

A clear analysis of the situation allows you to determine:

1. How it all started, who can confirm the words of the person who applied.
2. What exactly was stolen and from whom.
3. How the violators acted, what actions they took.
4. What are the consequences (damage).

A structured statement will contribute to the effectiveness of employee actions and the speed of their response. A sample application can be downloaded by requesting the document from a lawyer.

However, it is worth paying attention to the information stand when writing an application. Typically completed examples are displayed for clarity.

What to do if a person becomes a victim of scammers

Where to write and file a fraud report? When a person encounters scammers, he needs to contact the police department or the police at his place of residence and report the crime.

Before writing it, it is recommended to study the relevant articles of the Criminal Code of the Russian Federation or seek the help of a criminal lawyer. This must be done in order not to make a mistake in accusing the alleged criminal.

In addition, all evidence of misconduct should be collected.

It can be:

• money transfer receipts;
• receipts and contracts;
• screenshots of correspondence on social networks and email.

If the victim has become a victim of scammers on the Internet, then savvy users can take screenshots from the relevant pages.

After the preparatory work has been done, it’s time to file a statement with the police regarding fraud from an individual or legal entity. It should be submitted to the department at your place of residence in person or sent by mail.

When an organization applies to the Internal Affairs Directorate, the application is signed by the director.

Next, you need to be prepared to talk with the investigator or interrogating officer and give evidence directly in the office. According to the law, an appeal to the police about fraud is considered within 3 days, the maximum period is from 10 to 30 days (Article 114 of the Code of Criminal Procedure of the Russian Federation).

Related documents

The application will be accepted at the institution only upon presentation of the applicant’s identity card. Moreover, it is worth taking care of the preliminary evidence base, expressed in certain documents.

For example, such papers could be:

• receipts for the transfer of funds to third parties;
• receipts;
• screenshots of pages from the device that displays information about debiting funds from the account;
• correspondence on social networks;
• texts of messages sent to a mobile phone or email address;
• business cards of the alleged offenders;
• title documents for property (certificate of ownership of housing, purchase and sale agreement, receipts for purchased jewelry, warranty cards issued in the name);
• bank account statement (receipt and expense transactions for a specific period of time);
• income certificate;
• Photo and video;
• eyewitness accounts.

In other words, any available information about the violation and the persons allegedly committing it will do. All paper support is attached to the application in the form of duplicates, but when you come to the courtroom, you will also need to provide the originals.

ATTENTION !!! Despite the fact that fraud is considered one of the most difficult acts to prove, you should not despair. You still need to report the fact of what happened. Perhaps the vigilance of fellow citizens will scare away violators. Therefore, there is no need to leave the matter unattended or delay filing an application for a long time. The more time has passed since the commission of the act, the more difficult it is to detect the trail of criminal fraudsters (they act quickly and often change schemes).

After receiving the application, authorized employees conduct an inspection for 4-10 days and make a reasoned decision to initiate or refuse to start a criminal investigation. The fact of refusal can be appealed to the prosecutor's office or court in accordance with the procedure established by Articles 124, 125 of the Code of Criminal Procedure of the Russian Federation.

Sample statement regarding fraud to the police or prosecutor's office

Fraud is considered one of the most sophisticated types of crime. After all, the criminal is faced with the task of not only taking possession of other people’s money or property - he needs to figure out how to deceive or skillfully gain the trust, sometimes of a complete stranger. If you fall for a scammer, don’t hesitate to contact the police - half of these dealers are sure that no one will sound the alarm and continue to engage in their criminal activities. In order for law enforcement agencies to take action in a timely manner and the deceiver to be punished, it is necessary to prepare a statement to the police regarding fraud.

Where to apply

Before considering this issue, we draw the attention of readers to the fact that the application must be submitted as quickly as possible, immediately after you discover a violation of your rights, even if you are not sure of the qualifications of the offense.

So, you can submit your application:

1. To the territorial police department at the place where the crime was committed. If there were several episodes of illegal actions, choose the area where the last crime or the majority of those committed was committed. You can submit an application in person or through the official website of the Ministry of Internal Affairs. Based on practice, they will begin consideration faster if you submit your application in person to the duty station. There, your written request must be registered in the message book and you must be given a so-called coupon indicating the assigned number. Under no circumstances refuse to take this ticket, keep it carefully - in case of red tape and negligence on the part of the police, this document will be needed.

2. To the prosecutor's office. As a general rule, such applications are not submitted to this organization. But, by virtue of the job descriptions of this department, its employees are obliged to accept and register any application from citizens. Therefore, your statement regarding fraud will be accepted by the prosecutor’s office and sent to the police department within three days, with instructions to conduct a procedural check. The disadvantage of contacting the prosecutor's office can be considered, taking into account the referral under jurisdiction, a longer period of consideration (sometimes this is very important, the clock can count). One of the advantages is the unconditional implementation of the instructions of prosecutors by police officers, so there is a high probability that the consideration of an application received from the prosecutor’s office will be treated more carefully and promptly.

Please note that if damage is caused as a result of fraudulent actions on the part of representatives of any legal entities, you can, in parallel with the statement of crime, submit to the district prosecutor's office an application for the need to check the activities of the organization in general.

How to apply

There is no established form that the appeal must comply with in criminal procedure legislation. At the same time, practice and norms regulating the procedure for considering reports of crimes have developed approximate criteria that statements of this nature must meet:

1. The name of the police department, indicating its chief. In the duty room of any public office there is a stand on which there are sample statements intended for use by citizens as examples. If, however, there is no such stand, you can ask the police officer on duty for the name and surname of the head of the department.
2. Applicant details – full name, place of residence (actual), telephone number.
3. The essence of the appeal. Here are all the important circumstances that you regard as fraud. That is, the so-called objective side of the crime must be indicated - who (if known), what they did, what damage, where and when the events occurred.
4. Evidence – information from witnesses, written or other information media that can be used to confirm what you have written.
5. Indication of a warning about liability for knowingly false denunciation under Art. 306 of the Criminal Code of the Russian Federation.
6. Signature, number.
7. List of attached documents.

Sample statement regarding fraud

Let's create an example of a fraud complaint that you can use when writing it yourself (without the help of a lawyer). Comments that can be taken into account in one or another version of events are highlighted in blue.

What documents to attach

The law does not provide a clear list of documents that must be attached to the submitted application. At the same time, in the criminal procedure law there is such a concept as the relevance of evidence. Simply put, each attached document must, in its content, confirm one or more circumstances reported to the police, in other words, be relevant to the case. At the same time, depending on the type of fraud, you can follow some recommendations that have been developed by practice.

So, in the example we described, you can attach:

• preliminary agreement, which Nikolaev P.R. writes about.
• information about registration of Nikolaev as an individual entrepreneur, where the legal address will be indicated - that is, the place where the crime was committed.
• a certificate of your income (to confirm the significance of the damage).

You can attach not the originals, but copies of these documents - subsequently (during the investigation) they will be certified by a police officer, comparing them with the originals.

Other options for documents that can be attached:

• receipt – if they borrowed money from you without initially intending to return it and thereby stole it by deception;
• invoices, sales contracts - if they took the goods from you for sale, sold them and did not return the money;
• documents for a telephone or other equipment - if, under the guise of using it, they asked you for it and appropriated it;
• screenshots of website pages where funds were debited from bank cards, phone balances, etc. – if we are talking about the fact of Internet fraud. In such cases, the check will be carried out by the specialized police department “K”, however, it is not necessary to specifically indicate in the application for transfer to this particular department - in the police, even without such specification, the check will be entrusted to the relevant specialists.
• bank account statement if money was withdrawn from the card;
• all documents related to real estate - if the subject of fraud was an apartment, house, land, etc.

If you write a detailed statement and attach a complete package of documents, from which it will be clear that an unlawful act was committed against you, within three days (the maximum period for extension is 10 days) a criminal case must be initiated under Art. 159 of the Criminal Code of the Russian Federation (fraud). However, in some cases the initiation of a criminal case is refused, sometimes unreasonably.

What to do if a fraud case is refused

If you do not agree that a case is not being initiated, you need to appeal the decision to refuse to initiate a criminal case. You can do this in two ways:

• contact the prosecutor's office.
• go to court.

First you need to get a copy of the refusal decision. By law, the authorized police officer who is investigating your application is required to inform you what decision has been made.

But sometimes the applicant does not receive notification. We will not dwell on the reasons for the lack of information from the victim - in some situations, these are shortcomings in the work of the post office, in others, shortcomings in the work of the police. In one case or another, if the victim has not received any information on his appeal after 13-16 days from the date of filing, he has the right to independently contact the police and demand that he be given a copy of the decision.

In such a situation, you will need the coupon that we mentioned - it indicates the registration number of your application, using it you can quickly find the so-called executor who dealt with your problem. When you apply for a copy of the decision to refuse to initiate or initiate a criminal case, you must be given one.

Having received the decision and not agreeing with the reasons for the refusal, you can write a complaint to the prosecutor’s office, an approximate example is as follows:

Such a statement is in accordance with Art. 124 of the Code of Criminal Procedure of the Russian Federation, the prosecutor's office is obliged to consider it within three days (can be extended to 10 days), during which the assistant prosecutor will request the so-called “refusal material” from the police and check the legality of the decision made. If there are grounds, the prosecutor’s decision is canceled, an additional check is carried out, or the case is initiated immediately. The applicant is notified of the decision.

It is known from practice that such cancellations of decisions can be repeated, which becomes like red tape, since the time spent on considering a complaint at the prosecutor’s office adds up to 10 days of additional checks by the police.

If such red tape is allowed, you can appeal the actions of officials (both the district prosecutor's office and the police) to the regional prosecutor's office. You can also follow the recommendation to go to court - sometimes this is a more effective way of influencing negligent law enforcement officials.

The application to the court is written as follows:

Such a complaint will be considered by the court within five days from the date of receipt by the judge’s office. Based on the results of the consideration, a decision will be made to recognize the arguments as justified and to cancel the decision to refuse to initiate a case, or a decision to leave the complaint without satisfaction. In the latter case, the applicant is given a 10-day period to appeal the appeal.

So, let's summarize

1. It is better to submit a fraud report in person to the police department at the place where the crime was committed;
2. the appeal should indicate the essence of what happened, specifying the date of the unlawful act, the amount of damage, etc. The more detailed the circumstances are, the greater the likelihood of initiating a criminal case;
3. documents that are attached to the application must be of a crime-confirming nature;
4. if you have not been served with a resolution to initiate or refuse to initiate a criminal case, you can contact the police, providing the coupon number issued when registering the message;
5. If a fraud case has not been opened and you do not agree with this, then the relevant decision can be appealed to the prosecutor’s office in accordance with Art. 124 of the Code of Criminal Procedure of the Russian Federation, to court - in accordance with Art. 125 Code of Criminal Procedure of the Russian Federation;
6. if the prosecutor’s office does not agree with your arguments, then further appeal is possible to a higher prosecutor’s office or to the court;
7. If the court did not satisfy your complaint, then you have 10 days to appeal to the regional court.

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