Forensics. Forensic characteristics of fraud (most important)

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Forensics. Forensic characteristics of fraud (most important)

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77. FORENSIC DESCRIPTION OF FRAUD

Fraud - stealing someone else's property or acquiring the right to someone else's property by deceit or breach of trust.

In case of fraud, the following circumstances are to be established:

1) whether fraud occurred;

2) place, time, conditions, method of committing fraud; who was an eyewitness to the crime;

3) presence of criminal intent;

4) the subject of fraud, how much money was illegally obtained by the fraudster;

5) the object of encroachment (state or public organization, commercial structure, private person);

6) data on the identity of the offender (place of work, job description, criminal record, motives, methods of crime, role in a criminal group, previously committed crimes);

7) data on the fraudulent criminal group and other persons involved in its actions (composition, number, technical equipment and armament, connection with corrupt elements, specialization);

8) data on the identity of the victim, the circumstances of contacts with the fraudster;

9) the circumstances that contributed to the commission of fraud.

If fraud is committed under the guise of a legal entity, the following are also subject to establishment:

1) the legal status and organizational and legal form of such a person; availability of a license to carry out ongoing transactions and operations;

2) compliance with the rules for the issuance and circulation of securities, currency, customs and other legislation, etc.

Typical investigative versions at the initial stage are:

1) the fraud took place under the circumstances reported by the applicant;

2) it was not fraud, but another crime (extortion, robbery, etc.);

3) a legitimate civil law transaction (loan, exchange, purchase and sale) has taken place.

According to the availability of data on the identity of the offender, typical situations in which various investigative actions are carried out can be distinguished:

1) the fraudster is known and detained during fraudulent activities or immediately after they are committed:

a) personal search of the suspect and his interrogation;

b) examination of material evidence seized during the search; inspection of the scene;

c) interrogation of the victim and witnesses;

2) the fraudster is known, but he is hiding.

One of the main tasks in this investigative situation is the search for a fraudster. In addition to the interrogation of the victim, witnesses, examination of material evidence, the following are carried out:

a) orientation of the units of the internal affairs bodies to search for the suspect;

b) organization of operational-search activities;

c) taking measures to study the identity of the suspect and the places of his possible stay;

3) the fraudster is known, but his actions are veiled as legitimate transactions.

Such a situation is characterized by the study of the nature and legal basis of the operations carried out by the suspect, which includes the seizure of documents accompanying the fraudulent transaction, the identification and interrogation of officials involved in it, the study of the legislation governing such operations;

4) the fraudster is unknown:

a) drawing up a subjective portrait;

b) verification of forensic records;

c) carrying out operational-search activities.

Authors: Aleinikov A.G., Salova E.E.

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