Determining the complainant in the qualification of thefts committed from accounts of bank credit cards

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Introduction: the relevance of studying the issues of qualification of embezzlement made from bank card accounts is due to the widespread occurrence of this type of crime, caused by a growing exponentially pace of introduction of cashless payments among citizens. At the same time, both the number of crimes committed and the total damage caused increase. One of the challenges that law enforcement agencies face is the determination of the the victim of the theft of funds using a credit bank card. The purpose of the study is to establish the legal affiliation of these funds in order to determine the victim. Materials and Methods: during the study, a set of general academic methods materialistic dialectics, synthesis, comparative analysis, as well as private academic comparative legal method, expert assessment was used. The empirical basis of the study was the convictions of courts of various regions of Russia that came into force, issued in cases of crimes involving theft from bank card accounts, as well as interviews with current employees. Results: as a result of the study, the erroneous practice of determining as a victim the person in whose name a credit bank card was issued was established. Discussion and Conclusion: as a result of the study, the author comes to the conclusion that it is necessary to recognize a victim in a criminal case of a credit institution in case of theft of funds from a credit bank card account.

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Короткий адрес: https://sciup.org/142223646

IDR: 142223646   |   DOI: 10.24420/KUI.2020.39.1.021

Статья научная