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Адвокат по УГОЛОВНЫМ делам / LAWYER PRACTICE / Articles

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Lawyer against scammers

Very often scammers, posing as successful businessmen, offer different services. However, they act with criminal intent aimed at capturing other people's property by abusing trust.

Not having a purpose of real intentions to carry out transactions, the swindler, acting for mercenary motives, for the purpose of personal unlawful enrichment at the expense of someone else's property, intending to take possession of the way of abuse of trust by property or money.

According to the developed criminal plan, the latter misleading people tell me deliberately false information that it may be that he allegedly owns real estate or other property and that he can even draw up a receipt or a loan agreement for cash on the security of real estate.

Immediately after committing fraudulent actions, the attackers flee, they can later communicate with the victims for a long time and manage to return money or a part of them. In some cases, he can even return a small amount of money to try to delay the onset of responsibility.

We suggest immediately reporting the crime to the police and independently collecting and recording all evidence of communication with the fraudster.

We have developed a unique tactic for detecting fraudsters and taking measures to bring them to criminal responsibility and compensation for damage.

We collect enough evidence to confirm the presence of criminals in the actions of criminals, as provided for in Article 190 of the Criminal Code of Ukraine, that is fraud. Including especially large amounts (in the amount of more than six hundred times higher than the non-taxable minimum of incomes of citizens at the time of the crime), which is punishable by imprisonment for a term of five to twelve years with confiscation of property.

On such cases, access to which from the Unified State Register of Judicial Decisions, for example

http://www.reyestr.court.gov.ua/Review/40305152

 http://reyestr.court.gov.ua/Review/33750244,

http://reyestr.court.gov.ua/Review/36600593,

and others, the suspects were detained and a preventive measure was adopted for them in the form of detention.

In accordance with Article 281 of the Criminal Code of Ukraine, if during the pre-trial investigation the location of the suspect is unknown, then the investigator, the prosecutor announces his search. A separate resolution is issued on the announcement of the search, if the pre-trial investigation does not stop, or is indicated in the decision to suspend the preliminary investigation, if such decision is made, information on registration in the Unified Register of Pre-Trial Investigations. The investigation of the suspect can be entrusted to the operational units.

According to clause 17 of the said Decree, fraud (reporting to the victim false information, or concealment of certain circumstances or abuse of confidence (abuse of trust of the victim) in fraud is used by the guilty person to cause the victim confidence in the profitability (buy a car at a lower price for market prices).

An obligatory sign of fraud is voluntary transfer of property to the victim (voluntary, which is confirmed in particular by a notarial contract) or the right to it.

If deception or abuse of trust was only a means of gaining access to property, namely the seizure of property was carried out secretly or openly, such actions should be classified as stealing, robbery (for example, if he ran with money, this could be qualified as robbery) or robbery.

Thus, the actions of the swindler can also be qualified as robbery, committed in especially large amounts under Part 5 of Art. 186 of the Criminal Code of Ukraine (punishable by imprisonment for a period of eight to thirteen years with confiscation of property).

According to clause 18 of the above Resolution, the receipt of property with the condition of fulfilling any obligation can be qualified as fraud when the guilty person, even at the time of seizure of this property, had the goal of appropriating it, not fulfilling the obligations (which is confirmed by his flight, lack of property for him and cover-up from the victims and the police) in particular if the guilty person receives money or valuables from another person allegedly for transfer to another person, intending not to transfer and x, and appropriated, should be qualified as fraud.

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