Fraud in obtaining benefits: the judicial interpretation of the crime subject
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Fraud in obtaining benefits: the judicial interpretation of the crime subject
Annotation
PII
S013207690000802-4-1
Publication type
Article
Status
Published
Authors
K. Chirkin 
Affiliation: Department of Criminal Law and Criminology, Faculty of Law, Lomonosov Moscow state University
Address: Russian Federation
Edition
Pages
146-151
Abstract

The article is devoted to question of crime subject in one of the special corpus delicti of fraud offense provided in Art. 1592 of Criminal Code of the Russian Federation. The definition of the subject of the crime, given by Russian Legislator is unclear, which makes it difficult to apply the rule. The author noted that the Russian rule of fraud in obtaining benefits was borrowed from German Criminal Code (§ 264, Subventionsbetrug, StGB), and studied the provisions of German law doctrine about the crime subject of subsidy fraud. In addition, the author studied the court practice under Art. 1592 of Criminal Code of the Russian Federation for each type of social transfers specified by legislator in article description: benefits, reimbursements, subsidies, other social transfers. The author identified the general features of the abovementioned social transfers and worded the definition of the subject of Art. 1592 of  riminal Code of the Russian Federation basing on the analysis of court practice and social welfare law approaches. Finally, the author concluded that source of transfer and its direction should take into account when the act is qualifying under Art. 1592 of Criminal Code of the Russian Federation.

Keywords
fraud, false statements, benefit, reimbursement, subsidy, social transfer, judicial interpretation, qualification crimes, Criminal Law, German Criminal Law
Received
26.10.2018
Date of publication
29.10.2018
Number of purchasers
12
Views
2088
Readers community rating
0.0 (0 votes)
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