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The corresponding amendments were recently introduced by the plenum of the Supreme Court of Russia.
Even buying groceries using someone else's card is automatically tantamount to a major theft, the lawyers explain. According to them, such a decision may be dictated by an increase in the number of such crimes in Russia.
Secret withdrawal of money from someone else's card should be qualified as a crime, for which you can face up to six years in prison. Corresponding amendments were made to the resolution of the plenum "On judicial practice in cases of theft, robbery and robbery." Izvestia reports.
According to the innovations, the secret withdrawal of funds from a bank account or electronic money, for example, if non-cash payments or cash withdrawals through an ATM were carried out using someone else's or counterfeit payment card, should be qualified as theft on the basis of “from a bank account, as well as in relation to electronic money "(clause" d ", part 3 of article 158 of the Criminal Code of the Russian Federation).
Actions will be qualified under this clause of Art. 158 of the Criminal Code and in the event that a person steals funds from a bank account (or electronic funds) using the confidential information of the owner of the funds necessary to gain access to them, for example, the owner's personal data, payment card details, control information, passwords ...
- Theft, liability for which is provided for by paragraph "d" of Part 3 of Art. 158 of the Criminal Code of the Russian Federation, should be considered completed from the moment the funds are withdrawn from the bank account of their owner or electronic money, as a result of which the owner of these funds has suffered damage. The place of the end of such theft is the location of a branch of a bank or other organization in which the owner of the funds opened a bank account or kept records of electronic funds without opening an account, the resolution says.
Such clarifications of the plenum of the Supreme Court of Russia are the struggle of the state against numerous crimes, when money is illegally withdrawn from people from cards, said lawyer Alexei Tokarev. If a citizen was deceived, he himself gives access to the card, and everything happens with him, then this is more like a fraud, and if, for example, this access was lured away from him, and then money was stolen, then this is theft, because theft is exactly secret theft, Tokarev specified.
- What has changed: in this case, theft from a bank card is automatically equated to theft on a large scale. Most likely, such a decision proceeds from the fact that secret withdrawal of money from bank cards poses a greater public danger than simple theft, and therefore the Supreme Court considers that these crimes should be punished more severely. This qualification of a crime provides for imprisonment for up to six years, that is, it belongs to the category of serious crimes, the lawyer notes.
Even buying groceries using someone else's card is automatically tantamount to a major theft, the lawyers explain. According to them, such a decision may be dictated by an increase in the number of such crimes in Russia.
Secret withdrawal of money from someone else's card should be qualified as a crime, for which you can face up to six years in prison. Corresponding amendments were made to the resolution of the plenum "On judicial practice in cases of theft, robbery and robbery." Izvestia reports.
According to the innovations, the secret withdrawal of funds from a bank account or electronic money, for example, if non-cash payments or cash withdrawals through an ATM were carried out using someone else's or counterfeit payment card, should be qualified as theft on the basis of “from a bank account, as well as in relation to electronic money "(clause" d ", part 3 of article 158 of the Criminal Code of the Russian Federation).
Actions will be qualified under this clause of Art. 158 of the Criminal Code and in the event that a person steals funds from a bank account (or electronic funds) using the confidential information of the owner of the funds necessary to gain access to them, for example, the owner's personal data, payment card details, control information, passwords ...
- Theft, liability for which is provided for by paragraph "d" of Part 3 of Art. 158 of the Criminal Code of the Russian Federation, should be considered completed from the moment the funds are withdrawn from the bank account of their owner or electronic money, as a result of which the owner of these funds has suffered damage. The place of the end of such theft is the location of a branch of a bank or other organization in which the owner of the funds opened a bank account or kept records of electronic funds without opening an account, the resolution says.
Such clarifications of the plenum of the Supreme Court of Russia are the struggle of the state against numerous crimes, when money is illegally withdrawn from people from cards, said lawyer Alexei Tokarev. If a citizen was deceived, he himself gives access to the card, and everything happens with him, then this is more like a fraud, and if, for example, this access was lured away from him, and then money was stolen, then this is theft, because theft is exactly secret theft, Tokarev specified.
- What has changed: in this case, theft from a bank card is automatically equated to theft on a large scale. Most likely, such a decision proceeds from the fact that secret withdrawal of money from bank cards poses a greater public danger than simple theft, and therefore the Supreme Court considers that these crimes should be punished more severely. This qualification of a crime provides for imprisonment for up to six years, that is, it belongs to the category of serious crimes, the lawyer notes.