Fraud committed by illegal operations using electronic computing technology

The rapid development of scientific and technical progress is a reflection of the modern world. Under these conditions, fraud is becoming more and more widespread. Fraudulent actions can affect various spheres of social life. Among them is fraud committed through illegal transactions using electronic computing equipment. Such actions fall under Article 190 of the Criminal Code of Ukraine.

Most fraudsters are true professionals in their field. They have all the necessary arsenal to seize property or the right to property. That is why, when performing any operations on the Internet, you should be especially vigilant. In cases where you have become a victim of fraudulent activities, the first thing you need to do is contact law enforcement and a lawyer.

Composition of the crime under the article on fraud

The provisions of the science of criminal law define social property relations as the object of criminal offenses against private property. Analyzing judicial practice and trends in the development of encroachments on property, the following is observed: bank accounts and non-cash money are used to implement illegal actions. In addition, the use of electronic payment systems is a mandatory component. There is also reason to predict an increase in the number of violations that are related to virtual assets. Therefore, the subject of criminal influence under Article 190 of the Criminal Code is non-cash funds and virtual assets.

In order to prosecute a person for fraudulent actions using electronic computing equipment, the investigation must prove that the person intended to appropriate property.

Liability provided for in Article 190 of the Criminal Code

The following punishment is provided for the commission of fraudulent actions under Article 190 of the Criminal Code:

• Fine

The amount of the fine is from 2,000 to 3,000 NMDH.

• Public works

The term of public works under Article 190 of the Criminal Code is up to 240 hours.

• Corrective works.

The maximum term is up to 2 years.

• Limitation of will.

The term of restriction of freedom under Article 190 of the Criminal Code is up to 3 years.

Fraudulent actions committed on the basis of the use of computers (electronic computing machines) are punishable by imprisonment for a term of up to 8 years.

If you are accused under this article or you are the injured party, you must enlist the support of professional lawyers.

Lawyers Prykhodko and Partners will be able to assess all the risks and prospects of a criminal case.

Public danger of criminal acts under the article on fraud

Fraudulent actions under Article 190 of the Criminal Code harm a person's property rights. The Criminal Code of Ukraine stipulates two ways of committing fraud:

1. Deception.
2. Abuse of trust.

Deception - providing the victim with false information or concealing real facts in order to take possession of property. Abuse of trust is one of the methods of deception, the basis of which is dishonest use of the trust of the victim (through the presence of friendly and family ties). An essential feature of such actions is the voluntary transfer of the right to the property or the property itself to the victims.

The correct qualification of the crime will be a fundamental component for the possibility of bringing a person to criminal responsibility.

Difficulties in processing cases related to computer fraud

As practice shows, criminal cases related to fraud based on the use of computers are quite complex. Why is this so?

First, fraudulent actions are carried out in relation to non-cash money. A direct object is a social property relationship that is mediated by the use of electronic payment systems and bank accounts. Non-cash money is the subject of criminal influence.

Secondly, the specificity of the subject of criminal influence and the object of encroachment is established at the stage of pre-trial investigation. Important data include:

1. Details of the banking service contract.
2. Bank account details of the victim.
3. Data on completed transactions.

Thirdly, cashless money presupposes the presence of the victim's legal rights to demand compensation from the bank for a certain amount of funds.

Taking into account the complexity of such cases, it is worth using the help of our lawyers. Detailed information on protection against cybercrime is presented at the link.

Lawyers Prykhodko and Partners provide a full range of services related to protection against cybercrime. You can be sure that all your rights and interests will be reliably protected within the framework of the current legislation of Ukraine. We have the necessary arsenal of knowledge and practice to achieve the desired result.

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