Proving in cases of fraud committed in the way "Your relative got into trouble"

The subject of the study is the process of criminal procedural proof in cases of fraud committed in the way "Your relative got into trouble". This method of fraud is implemented, as a rule, by a group of persons, and the task of the investigator during the preliminary investigation is to collect, verify and evaluate the totality of evidence indicating a certain form of complicity in the commission of a crime. Based on the analysis of criminal cases, a typical set of ideal and material traces is investigated, which are recorded by the investigator in the appropriate types of criminal procedural evidence provided for in Part 2 of Article 74 of the Criminal Procedure Code of the Russian Federation. This body of evidence gives the investigator grounds to assert that when committing fraud, members of a criminal group plan crimes in advance, assign roles and carry out jointly coordinated activities to implement a criminal plan. The study was conducted using general scientific methods of cognition: analysis, synthesis, deduction, analogy; empirical methods: description, comparison; as well as private scientific methods: legal, sociological, formal legal. The analysis of criminal cases of fraud committed in the way "Your relative got into trouble" allowed us to identify a set of evidence that gives grounds to classify these crimes as committed by a group of persons by prior agreement. At the same time, the paper identifies the problem of inaccessibility to law enforcement agencies of information from the Telegram messenger about the planning and preparation of crimes, which makes it impossible to identify the organizers and other members of the criminal group and does not allow to qualify the actions of accomplices as committed by an organized group. The latter is important from the point of view of bringing to criminal responsibility all members of a criminal group and more precisely qualifying and determining the severity of a crime committed by a group of persons by prior agreement. The above should entail the type and amount of criminal punishment adequate to the activities of an organized criminal group. Only in this case, it is possible to effectively improve the effectiveness of the law enforcement system in preventing and combating this type of fraud.

fraud, cheater, investigation, complicity in a crime, a group of people, organized group, the stability of the criminal group, proving, fraud prevention, punishment