Methods of committing fraud involving receiving Social benefits as a Key element of criminalistic characteristics
Автор: Beletskaya Yu.V.
Журнал: Вестник Восточно-Сибирского института Министерства внутренних дел России @vestnik-vsi-mvd
Рубрика: Уголовно-правовые науки (юридические науки)
Статья в выпуске: 2 (113), 2025 года.
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Introduction. In this article, the author considers the method of fraud in obtaining social benefits as a fully structured element of criminalistic characteristics. Analyzes in detail the stages of committing this type of crime: from planning and preparation to hiding its traces. The methods of commission using information and telecommunication technologies, which are often used to create false electronic data, are considered separately, which is of particular importance for forensic diagnostics in the aspect of combating fraud. Materials and Methods. The research was based on scientific articles by criminologists, norms of criminal and criminal procedure legislation, decisions of courts of general jurisdiction in cases of fraud in obtaining social benefits (art.159.2 of the Criminal Code of the Russian Federation), official judicial statistics of the Russian Federation, as well as the results of questionnaires from investigators and interrogators. The author used general scientific methods of analysis, synthesis, induction, deduction, as well as private scientific methods: comparative law and formal law. The Results of the Study. In the process of analyzing decisions of courts of general jurisdiction in cases of fraud involving social benefits (Article 159.2 of the Criminal Code of the Russian Federation), as well as the results of questionnaires from investigators and interrogators, it was possible to establish that the method of committing a crime of this type is considered as a fully structured category of criminalistic characteristics, including preparation, direct implementation, and concealment of traces of a crime. The article shows the role of the method under consideration as an element of criminalistic characteristics in establishing other elements directly correlating with it, such as the identity of the criminal, the tools used by him, as well as the time and place of the crime. Findings and Conclusions. The conducted research allowed us to formulate a comprehensive understanding of the content of the method of committing a crime in order to more effectively disclose, investigate and prevent the crime provided for in Article 159.2 of the Criminal Code of the Russian Federation.
Criminalistic characteristics, fraud in obtaining social benefits, method of crime, information and telecommunication technologies
Короткий адрес: https://sciup.org/143184493
IDR: 143184493