Deception as the way of committing a crime: problems of theory and practice

Abstract

The article is devoted to consideration of the significance of deception as a method of committing a criminal offense. The purpose of this study is to identify the features of the implementation of criminal law provisions providing for liability for fraudulent crimes. The work used the methods of logical and system analysis; a content analysis of publications and synthesized the best precedents in law enforcement practice was carried out. The author identifies four models for determining the method of deception in criminal law. It is substantiated that deception can act as an aggravating circumstance in compositions with a special subject, where the mechanism of a criminal attack is associated with a system of relations based on trust (Articles 201, 202, 285, 2851, 2852 of the Criminal Code of the Russian Federation, etc.). The author analyzes the current problems of law enforcement and suggests ways to solve them.