Article title: SOME QUESTIONS ON THEFT FEATURES PERFORMED FROM THE BANK ACCOUNT

Article author: Norvartyan Yuri Sergeevich

Number of pages: 5

Contact mail: norvartyan@yandex.ru

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Annotation:
The article is devoted to the peculiarities of qualification of thefts committed from a Bank account, as well as with respect to electronic money (in the absence of signs of a crime under article 1593 of the Criminal code of the Russian Federation). The article notes that this novel expands the subject of theft of other peoples property - one of the varieties of "real" crimes. The latter unconventionally began to include, along with things, non-cash money and electronic money as property rights of a binding nature. On the basis of the materials of modern judicial practice, the author notes that law enforcers differently qualify the Commission of thefts "from a Bank account". In some cases, the courts do not take into account the method of access to the victims account. In others-take into account this method (hacking the protection of the banking system, a virus attack, gaining access to the account as a result of the use of special equipment, etc.). In our opinion, the position of those practitioners who do not take into account the method of access to the victims account is more justified. The author comes to the conclusion that the security of the banking system of Russia is an additional object of crimes against property, which violates the property rights and interests of specific legal entities or individuals; the sign of an additional object acts as a criterion for distinguishing between ordinary theft and theft committed from a Bank account. And it is also noted that the actions of the guilty person should be qualified as "Bank" theft in the event that other peoples money is secretly withdrawn by the guilty person.

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