Mkrtchyan S.M. Differentiation of Criminal Responsibility for Fraud in Lending: Opinions of the Enforcers

DOI: https://doi.org/10.15688/lc.jvolsu.2017.3.7

Sona M. Mkrtchyan, Assistant Professor, Department of Criminal Law, Volgograd State University, Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it.

Introduction: the article contains the results of the study of the practitioners’ views regarding the validity of the differentiation of criminal responsibility for credit fraud undertaken in 2012. Objective: to study the practitioners’ opinions regarding the advisability of introducing special provisions on fraud in lending (Article 159) in the Criminal Code, as well as to determine the most preferable directions of developing the system of measures to struggle against this crime. Methods: the study is comprehensive. The specifically sociological methods and research techniques are widely used. Results: it is noted that the idea of a significant part of the practitioners to make special components of fraud in lending under Article 159 of the Criminal Code found no support. It was also found that, in the opinion of a significant number of the law enforcement officers, the introduction of Article 159 in the Criminal Code did not contribute to improving the practice of qualifying fraud in the credit sphere. It is found that the vast majority of those asked practitioners do not agree with the lowering of the legal limits of punishment stipulated in the sanctions of Part 1 of Article 159 of the Criminal Code. It is proposed to consider the possibility of supplementing Part 2 of Article 159 of the Criminal Code of the Russian Federation with the qualifying element “with the use of financial straits and other predicament of a citizen”. Scope of application: the results of the study can be used in law-enforcement, legislative and scientific activities. Conclusions: it is concluded about the unreasonableness of the differentiation of criminal responsibility for credit fraud, and the need of deleting Article 159 from the Criminal Code in order to prevent the excessive casuistry of criminal law.
Key words: differentiation of criminal responsibility, fraud, lending, fraud in lending, sociological study.

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