Critical criminal-law analysis of art. 1596 of the Criminal Code of the Russian Federation "Fraud in the field of computer information"

Purpose: To make a detailed analysis of Art. 1596 of the Crim. Code of the Russian Federation, focusing on specific methods of committing computer theft. Methodology: Technical legal, comparative legal, historic legal, dialectical methods were used. Results: The article provides a critical criminal analysis of Art. 1596 of the Crim. Code of the Russian Federation, which contemplates liability for fraud in the field of computer information. This special rule in its present form does not correspond to the «parent» composition of fraud provided for in Art.159 of the Crim. Code of the Russian Federation, for a specific method of infringing «deceit» and/or «аbuse of trust». The point of view of authoritative domestic scientists about the need to resolve the legal gap associated with the qualification of theft in cyberspace is stated. Novelty/originality/value: The article has scientific value, as it suggests improving the criminal law by replacing Art. 1596 of the Crim. Code of the Russian Federation «Fraud in the field of computer information» with Art. 158² of the Crim. Code of the Russian Federation «Theft in the field of information technologies».