Fraud is a crime that involves luring money or material assets from the victim. The person transfers them to the criminal voluntarily. Fraudsters get their way by deceiving or abusing the victim's trust.
If the damage to the victim amounted to less than 1000 rubles, this is an administrative offense under Part 1 of Article 7.27 of the Administrative Code of the Russian Federation "Petty theft". Its consequences include a fine of up to five times the value of the stolen property (but not less than 1,000 rubles), administrative arrest for up to 15 days, or mandatory work for up to 50 hours.
When the damage amounts to 1000-2500 rubles, the second part of the same article works. The penalty is the same, but the fine is not less than 3000 rubles., possible terms of arrest-10-15 days, mandatory work-up to 100 hours.
If the damage amounted to more than 2,500 rubles, Article 159 of the Criminal Code of the Russian Federation applies. A more serious offense leads to more serious penalties. The size of fines here is hundreds of thousands of rubles, the terms of arrest – months, forced labor-years. The penalty is imposed by deprivation of liberty (i.e., sending to a penal colony) for a period of 2 years or more.
The maximum penalty – 10 years in a penal colony-is provided for fraud committed by an organized group, on a particularly large scale (over 1 million rubles) or resulting in the loss of housing by a citizen.
Will there be a trial? Yes, it will. For a teenager, it will most likely end with a decision on refusal to initiate administrative proceedings or on exemption from criminal punishment with the use of compulsory measures of educational influence. This document will be sent to the Commission on Minors ' Affairs and Protection of Their Rights.
First of all, you will need to compensate the victim for the damage. From the age of 14, this is done by the teenager himself – from earnings, scholarships, alimony or other type of income. Movable or immovable property may be used for damages. If a teenager doesn't have enough money of their own, their parents or guardians can help them. However, they can shift all financial responsibility to the teenager, if they prove that they were not involved in his act and could not have prevented it.
The second measure that is applied to a teenager caught in a crime is registration in the children's room of the police.
The teenager is given a warning and explained what will happen if he commits another crime. The child's parents or guardians are responsible for raising the child and monitoring their behavior. In this case, the family is assisted by police and guardianship officers. They visit their family regularly.
A teenager may be banned from traveling outside a locality without the permission of the police, be required to stay at home after a certain time, or be banned from visiting certain places.
They can be removed from the register if law enforcement agencies and guardianship are fully confident that the teenager has realized the consequences of his act and does not plan to continue breaking the law even in small details.
Does it look harmless? As if not so.
If a fraud is committed in the area and it is not clear who did it, the registered child will automatically be considered a suspect. If it is not his fault, it will most likely be possible to prove it, but you will have to prove it, give arguments.
The fact that a minor is registered automatically makes his family dysfunctional. This gives helping organizations – for example, guardianship authorities-the right to partially control the life of the family, to interfere in it. Information about this status directly affects the career of parents.
Registration will also affect the fate of the child. Even if the child is not only removed from the register, but also his card is canceled for good behavior, it is unlikely that in the future he will have the opportunity to serve in the armed forces as an officer, in law enforcement agencies, or in the Ministry of Emergency Situations. The banking and financial sectors will be closed, and most likely, work in the field of information security will be closed.
There are cases when people who were registered as teenagers due to petty theft were not even hired as a shop assistant.
But it happens, especially when there is a conflict between two teenagers, that there is no fraud, but there is a misunderstanding. A simple example: parents give one child pocket money in cash, and transfer another child to a bank card. When the first one needs to buy something ("donate") in a computer game, he goes to the second one. The guys do not issue any contractual relations or receipts. In the event of a conflict, one of them can accuse the other of dishonest behavior. It is easier to deal with this situation on the shore than to involve law enforcement officers. After all, as we remember, even a canceled card is already a serious stain on the biography.
Adult Law
Criminal and administrative responsibility for most crimes occurs on the day after the 16th birthday. The age is determined as of the date when the crime or offense was committed.If the damage to the victim amounted to less than 1000 rubles, this is an administrative offense under Part 1 of Article 7.27 of the Administrative Code of the Russian Federation "Petty theft". Its consequences include a fine of up to five times the value of the stolen property (but not less than 1,000 rubles), administrative arrest for up to 15 days, or mandatory work for up to 50 hours.
When the damage amounts to 1000-2500 rubles, the second part of the same article works. The penalty is the same, but the fine is not less than 3000 rubles., possible terms of arrest-10-15 days, mandatory work-up to 100 hours.
If the damage amounted to more than 2,500 rubles, Article 159 of the Criminal Code of the Russian Federation applies. A more serious offense leads to more serious penalties. The size of fines here is hundreds of thousands of rubles, the terms of arrest – months, forced labor-years. The penalty is imposed by deprivation of liberty (i.e., sending to a penal colony) for a period of 2 years or more.
The maximum penalty – 10 years in a penal colony-is provided for fraud committed by an organized group, on a particularly large scale (over 1 million rubles) or resulting in the loss of housing by a citizen.
"I won't get anything"?
A big misconception of teenagers aged 14-16 years and children under 14 years is that they will not get anything for fraud. Of course, they will not be sent to a penal colony, and even a special school is not threatened for such a crime: the state believes that at this age a person still does not realize the consequences of his actions, so he treats teenagers gently.Will there be a trial? Yes, it will. For a teenager, it will most likely end with a decision on refusal to initiate administrative proceedings or on exemption from criminal punishment with the use of compulsory measures of educational influence. This document will be sent to the Commission on Minors ' Affairs and Protection of Their Rights.
First of all, you will need to compensate the victim for the damage. From the age of 14, this is done by the teenager himself – from earnings, scholarships, alimony or other type of income. Movable or immovable property may be used for damages. If a teenager doesn't have enough money of their own, their parents or guardians can help them. However, they can shift all financial responsibility to the teenager, if they prove that they were not involved in his act and could not have prevented it.
The second measure that is applied to a teenager caught in a crime is registration in the children's room of the police.
What is "registered"?
Accounting in the children's room of the police is the same "nothing" that is used for teenagers instead of a colony for adults.The teenager is given a warning and explained what will happen if he commits another crime. The child's parents or guardians are responsible for raising the child and monitoring their behavior. In this case, the family is assisted by police and guardianship officers. They visit their family regularly.
A teenager may be banned from traveling outside a locality without the permission of the police, be required to stay at home after a certain time, or be banned from visiting certain places.
They can be removed from the register if law enforcement agencies and guardianship are fully confident that the teenager has realized the consequences of his act and does not plan to continue breaking the law even in small details.
Does it look harmless? As if not so.
If a fraud is committed in the area and it is not clear who did it, the registered child will automatically be considered a suspect. If it is not his fault, it will most likely be possible to prove it, but you will have to prove it, give arguments.
The fact that a minor is registered automatically makes his family dysfunctional. This gives helping organizations – for example, guardianship authorities-the right to partially control the life of the family, to interfere in it. Information about this status directly affects the career of parents.
Registration will also affect the fate of the child. Even if the child is not only removed from the register, but also his card is canceled for good behavior, it is unlikely that in the future he will have the opportunity to serve in the armed forces as an officer, in law enforcement agencies, or in the Ministry of Emergency Situations. The banking and financial sectors will be closed, and most likely, work in the field of information security will be closed.
There are cases when people who were registered as teenagers due to petty theft were not even hired as a shop assistant.
What to do if you are a victim of a teenage fraudster
You need to act on the situation. In most cases, the best solution is to contact the teenager's parents or guardians and sort out the situation. Sometimes the teenager's guilt is obvious, and then it is worth discussing with his parents the issues of compensation for damages. If this does not help, feel free to contact the police.But it happens, especially when there is a conflict between two teenagers, that there is no fraud, but there is a misunderstanding. A simple example: parents give one child pocket money in cash, and transfer another child to a bank card. When the first one needs to buy something ("donate") in a computer game, he goes to the second one. The guys do not issue any contractual relations or receipts. In the event of a conflict, one of them can accuse the other of dishonest behavior. It is easier to deal with this situation on the shore than to involve law enforcement officers. After all, as we remember, even a canceled card is already a serious stain on the biography.
