Insurance fraud schemes. Fraud in the insurance industry Article 159 of the Criminal Code of the Russian Federation in the insurance industry

(introduced by Federal Law dated November 29, 2012 N 207-FZ)

1. Fraud in the field of insurance, that is, theft of someone else's property by deception regarding the occurrence of an insured event, as well as the amount of insurance compensation to be paid in accordance with the law or contract to the insured or another person, –
   shall be punishable by a fine in the amount of up to one hundred twenty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to one year, or by compulsory labor for a term of up to three hundred and sixty hours, or by corrective labor for a term of up to one year, or by restriction of liberty for a term of up to two years, or forced labor for up to two years, or arrest for up to four months.
2. The same act, committed by a group of persons by prior conspiracy, as well as causing significant damage to a citizen, –
   shall be punishable by a fine in the amount of up to three hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to two years, or by compulsory labor for a term of up to four hundred eighty hours, or by corrective labor for a term of up to two years, or by forced labor for a term of up to five years. with restriction of freedom for a term of up to one year or without it, or imprisonment for a term of up to five years with restriction of freedom for a term of up to one year or without it.
   
3. Acts provided for in parts one or two of this article, committed by a person using his official position, as well as on a large scale, –
   shall be punishable by a fine in the amount of one hundred thousand to five hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of one to three years, or by forced labor for a term of up to five years with or without restriction of freedom for a term of up to two years, or imprisonment for a term of up to six years with a fine in the amount of up to eighty thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to six months or without it and with restriction of freedom for a term of up to one and a half years or without it.
   (as amended by Federal Law dated July 3, 2016 N 325-FZ)
4. Acts provided for in parts one, two or three of this article, committed by an organized group or on an especially large scale, –
   shall be punishable by imprisonment for a term of up to ten years with or without a fine in the amount of up to one million rubles or in the amount of the wages or other income of the convicted person for a period of up to three years and with or without restriction of freedom for a term of up to two years.

Commentary on Article 159.5 of the Criminal Code of the Russian Federation

1. Insurance fraud is a qualified type of fraud. The commission of this criminal act is possible exclusively in the field of insurance relations - a special type of economic relations, including various types of insurance activities (primary insurance, reinsurance, coinsurance). Insurance in the narrow sense is the relationship between the policyholder and the insurer to protect the property interests of individuals and legal entities (policyholders) upon the occurrence of certain events (insured events) at the expense of insurance funds formed from insurance premiums paid by policyholders (insurance premium). The insurer and the policyholder determine how the insurance fund will be formed and how it will be spent (the method of creating insurance products).
Three methods of creating insurance products have been developed - self-insurance, mutual insurance, commercial insurance. The risk function is to provide insurance protection against various types of risks - random events leading to losses. In this function, monetary resources are redistributed between all insurance participants in accordance with the current insurance contract, after which insurance premiums (cash) are not returned to the policyholder. The principle of randomness is that only events that have signs of probability and randomness of their occurrence can be insured. The concept of “chance” means that although the possibility of the occurrence of a given event must be taken into account based on life experience, in each individual case it is unknown whether the given event will take place at all or at what point in time it will occur.
Intentionally carried out actions are not insured, since they lack the principle of chance. There are insurance companies operating in the insurance market of the Russian Federation with various organizational and legal forms. The only requirement is that only a legal entity can act as an insurer (see RF Law of November 27, 1992 N 4015-1 “On the organization of insurance business in the Russian Federation” (as amended on December 25, 2012)<1>). Chapter 48 of the Civil Code provides for two types (two types of contracts) of insurance: property and personal. In the practice of insurance organizations and insurance analysis, it is customary to distinguish three branches of insurance: property, personal and liability. The division of insurance into industries is based on differences in the objects of insurance. In accordance with Art. 927 Civil Code and paragraph 2 of Art. 3 of the Law of the Russian Federation “On the organization of insurance business in the Russian Federation” there are two forms of insurance: compulsory and voluntary. If we are talking about dividing insurance into public and private, then the criterion for separation is the form of ownership of the insurance organization. If such an organization is owned by private individuals (legal and (or) individuals), then the insurance it provides is classified as private insurance. If an insurance organization is owned by the state, then such insurance, in accordance with the historical tradition in our country, is called state insurance.
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<1>Gazette of the Russian Federation. 1992. N 33. Art. 1915; NW RF. 1996. N 49. Art. 5503; 2000. N 1 (part 1). Art. 2, 10; 2001. N 53 (part 1). Art. 5030; 2002. N 52 (part 1). Art. 5132; 2003. N 52 (part 1). Art. 5038; 2004. N 35. Art. 3607; 2006. N 3. Art. 282; 2007. N 7. Art. 834; N 27. Art. 3213; N 43. Art. 5084; N 49. Art. 6079; 2008. N 48. Art. 5517; 2009. N 52 (part 1). Art. 6441; 2011. N 7. Art. 901; N 48. Art. 6734; RG. 2012. N 301.

2. The disposition of the commented norm is of a blanket nature; therefore, its application must be preceded by the fact of establishing a specific regulatory framework regulating the relationship between the policyholder and the insurer.
3. The object of the analyzed crime completely coincides with the generic object of theft - these are social relations that have developed in the field of lending. Like fraud in general, qualified fraud in the insurance industry is always the theft of someone else’s property or the acquisition of rights to someone else’s property through deception or abuse of trust (see paragraphs 2 and 3 of the commentary to Article 159).
4. At the same time, the form of the objective side of the act is strictly limited by the legislator: theft of someone else’s property by deception regarding the occurrence of an insured event, as well as the amount of insurance compensation to be paid in accordance with the law or contract to the insured or other person.
5. A criminal act is considered completed from the moment the policyholder (other persons) receives an amount of money (goods) not stipulated by the insurance contract, as well as acquiring the legal right to dispose of such money.
6. The mere fact of provision by the insured to the insurer of knowingly false and (or) unreliable information, depending on the circumstances of the case, may contain signs of preparation for fraud in the field of insurance or an attempt to commit such a crime.
7. Subject – any capable person who has reached the age of 16.
8. The subjective side is direct, specific intent. The presence of intent to commit fraud in the field of lending may be evidenced, in particular, by the use of fictitious documents.
9. Fraud in the field of insurance, committed using an official document granting rights forged by this person, is qualified as a set of crimes provided for in Part 1 of Art. 327 of the Criminal Code and the corresponding part of the commented article.
10. If a forged official document was not used due to circumstances beyond the control of the perpetrator, the offense is qualified under Part 1 of Art. 327 and part 1 of Art. 30 of the Criminal Code, part 4 of the commented article as preparation for fraud in the insurance industry.
11. If a person produced a forged document for the purpose of fraud in the insurance industry, used it for this purpose, but due to circumstances beyond his control was unable to acquire the right to someone else’s property, the act is qualified as a set of crimes provided for in Part 1 of Art. 327, as well as Part 3 of Art. 30 of the Criminal Code and, depending on the circumstances of a particular case, the corresponding part of the commented article.
12. Insurance fraud committed using a counterfeit official document produced by another person is fully covered by the crime provided for in the commented article and does not require additional qualifications under Art. 327 CC.
13. The law provides for both qualified elements - fraud in the field of insurance, committed by a group of persons by prior conspiracy, as well as causing significant damage to a citizen (Part 2), and especially qualified elements of this crime: firstly, acts committed using guilty of their official position, as well as on a large scale (Part 3); secondly, acts committed by an organized group or on an especially large scale (Part 4).
14. In relation to the qualifying criteria - a group of persons by prior conspiracy, causing significant damage to a citizen, the perpetrators using their official position by an organized group of persons - see comment. to Art. Art. 35, 159.
15. According to note. to Art. 159.1 of the Criminal Code, a large amount in the commented article recognizes the value of stolen property - 1 million 500 thousand rubles, an especially large amount - 6 million rubles.

The objective side and object of fraud in the insurance industry

Article 159.5 of the Criminal Code of the Russian Federation provides for criminal punishment for insurance fraud, expressed in theft of property of an insurance organization, policyholder or other person, either by deception about the occurrence of an insured event, or by misleading about the amount of insurance compensation. Therefore, the objective side can only consist of performing the actions listed above.

To understand the essence of the article in question, it is necessary to refer to civil law. According to clause 2 of Article 9 of the Law “On the Organization of Insurance Business in the Russian Federation,” an insured event means an event provided for by law or contract, the occurrence of which is associated with the insurer’s obligation to make an insurance payment. For example, the insured event may include the death of a citizen, fire, road accident, infection with tick-borne encephalitis, reaching retirement age, etc.

According to clause 3 of Article 10 of the said Law, insurance compensation (insurance payment) is a sum of money paid upon the occurrence of an insured event. In some situations, its size is determined by law, and in others - by the insurance contract.

Deception can be passive or active. Passive deception is the concealment of any facts, or deliberate silence about them for the sake of stealing other people's funds. Active deception is the communication of distorted or false information, the provision of false documents and other actions aimed at misleading the victim. In most cases, deception is supported by the provision of false documents - certificates of road accidents, expert or assessment reports, birth certificates, etc. Some courts consider the provision of false documents as an independent crime, while others believe that these actions are a way to commit fraud under Article 159.5 of the Criminal Code. A lawyer specializing in Article 159.5 of the Criminal Code is able to convince the court that presenting false documents is a way to commit fraud, and thereby achieve the application of more lenient sanctions.

The most typical examples of insurance fraud:

• providing incorrect information about the subject when applying for an insurance policy (for example, concealing information about the presence of serious illnesses when insuring health and life);
• distortion of information about an insured event (for example, concealing the fact that a person not included in the policy was driving a car injured in an accident);
• imitation of the occurrence of an insured event (for example, imitation of an accident);
• committing intentional illegal acts aimed at obtaining insurance (for example, killing an insured relative).

The injured party is the insurer, policyholder, beneficiary, as well as the insured person. These persons must be connected with the subject of the crime by contractual relations.

The generic object that the crime encroaches on is property relations, and the immediate object is relations in the insurance sector. Since insurance fraud is a crime with a material element, it is considered completed at the moment when the guilty person receives someone else's property (money), as well as the right to dispose of this property. In this case, the guilty person may not have time to use the stolen money - this will be enough to apply Part 1 of Article 159.5 of the Criminal Code.

The amount of damage when qualifying under Part 1 does not matter, except in situations where the value of the stolen property does not exceed 1,000 rubles. In this case, we are talking not about criminal, but about administrative liability.

Subject of insurance fraud

The peculiarity of Article 159.5 of the Criminal Code is that various persons can act as the subject of a crime:

• representatives of an insurance organization are employees working in an insurance company under an employment contract, or the immediate managers of the organization.
• policyholders - individuals who enter into an insurance contract or have the status of an insured by force of law. Policyholders make an appropriate insurance contribution to the insurer, which is a payment for the provision of services.
• insured persons - citizens in whose name the insurance contract is concluded.
• beneficiaries are citizens who have the right to count on receiving insurance payments upon the occurrence of an insured event.

All listed persons must meet the requirements of the Criminal Code for the subject of a crime: sanity and reaching the age of sixteen.

The subjective side of insurance fraud

Like any other type of fraud, insurance fraud can be committed with direct intent. The subject of fraud is aware that his actions are illegal and can harm public relations, but wants criminal consequences to occur. The motive for fraud under Article 159.5 of the Criminal Code is the desire to get rich at someone else’s expense.

Qualified fraud in the field of insurance under Article 159.5 of the Criminal Code

Article 159.5 of the Criminal Code also contains qualifying signs of fraud in the insurance industry, which include:

• Part 2: commission of insurance fraud by a group of persons by prior conspiracy or causing significant damage to an individual (determined taking into account the property status of the victim, but cannot be less than 5,000 rubles);
• Part 3: commission of insurance fraud using official position or on a large scale (from 1,500,000 rubles);
• Part 4: commission of insurance fraud by an organized group or on an especially large scale (from 6,000,000 rubles).

Responsibility for committing fraud in the field of insurance under Article 159.5 of the Criminal Code

For committing simple fraud in the insurance industry, the legislator provided for one of the following penalties:

• a fine of up to 120,000 rubles or in the amount of the annual income of an individual;
• up to 360 hours of compulsory work;
• up to 12 months of repairs;
• up to 2 years of restriction of freedom;
• up to 2 years of forced labor;
• up to 4 months of arrest.

There are no additional penalties for Part 1.

In practice, the accused can expect to receive the most lenient punishment if there are mitigating circumstances. Such circumstances, for example, are assistance to the investigation, confession, minor age of the accused, voluntary compensation for harm, commission of insurance fraud due to a combination of difficult life circumstances.

The maximum severe punishment for Part 2 of Article 159.5 of the Criminal Code is imprisonment for five years, for Part 3 - imprisonment for six years, for Part 4 - imprisonment for ten years. The court, in the presence of aggravating circumstances, may apply additional sanctions to the guilty person - a fine or restriction of freedom.

Lawyer under Article 159.5 of the Criminal Code

If you find yourself involved in a criminal trial under Article 159.5 of the Criminal Code, the support of an experienced lawyer is the first and most important thing you need to secure. A lawyer under Article 159.5 of the Criminal Code understands not only the intricacies of Criminal and Criminal Procedure Law, but is also well versed in civil legislation containing rules on insurance. An integrated approach to solving assigned problems is an indispensable condition for a specialist’s work.

A lawyer provides legal assistance to the suspect, as well as the accused, at any stage of criminal proceedings. The specialist carefully familiarizes himself with the case materials, reconstructs the picture of what happened, and visits the accused in prison in order to build an effective line of defense.

In addition, the lawyer provides his client with the following services:

• consulting on the application of Article 159.5 of the Criminal Code;
• collecting evidence by interviewing witnesses, sending various requests, obtaining documents, etc.;
• interaction with the investigation, monitoring compliance by investigative authorities with the rights of the suspect or accused;
• appealing the actions of employees of investigative bodies;
• preparation of documents for participation in criminal proceedings;
• defense in litigation;
• appealing judicial decisions to a higher authority.

Depending on the circumstances of the case, the lawyer is able to achieve:

• the court rendering an acquittal;
• termination of criminal prosecution of the principal;
• termination of the criminal case;
• reclassification of the charge from parts 2-4 to part 1 of the article in question;
• imposing the most lenient punishment without applying additional sanctions.

If you are the injured party in an insurance fraud case, then the assistance of an experienced attorney is also necessary. Situations where the role of the victim is played by an insurance company with its own staff of lawyers are no exception. Firstly, in-house lawyers specialize in other areas of law, and secondly, most of them do not have the status of lawyer, which allows them to take part in legal proceedings as a defense attorney.

A lawyer under Article 159.5 of the Criminal Code will help:

• achieve the initiation of a criminal case;
• bring the guilty person to criminal liability;
• recover damages from the guilty party.

Therefore, a professional lawyer will help you defend your rights and find the best way out of this situation. Remember that lost time can turn against you, so do not hesitate to contact a lawyer under Article 159.5 of the Criminal Code.

1. Fraud in the field of insurance, that is, theft of someone else’s property by deception regarding the occurrence of an insured event, as well as the amount of insurance compensation to be paid in accordance with the law or contract to the insured or another person, -
shall be punishable by a fine in the amount of up to one hundred twenty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to one year, or by compulsory labor for a term of up to three hundred and sixty hours, or by corrective labor for a term of up to one year, or by restriction of liberty for a term of up to two years, or forced labor for up to two years, or arrest for up to four months.

2. The same act, committed by a group of persons by prior conspiracy, as well as causing significant damage to a citizen, -
shall be punishable by a fine in the amount of up to three hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to two years, or by compulsory labor for a term of up to four hundred eighty hours, or by corrective labor for a term of up to two years, or by forced labor for a term of up to five years. with restriction of freedom for a term of up to one year or without it, or imprisonment for a term of up to four years with restriction of freedom for a term of up to one year or without it.

3. Acts provided for in parts one or two of this article, committed by a person using his official position, as well as on a large scale, -
shall be punishable by a fine in the amount of one hundred thousand to five hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of one to three years, or by forced labor for a term of up to five years with or without restriction of freedom for a term of up to two years, or imprisonment for a term of up to five years with a fine in the amount of up to eighty thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to six months or without it and with restriction of freedom for a term of up to one and a half years or without it.

4. Acts provided for in parts one, two or three of this article, committed by an organized group or on an especially large scale, -
shall be punishable by imprisonment for a term of up to ten years with or without a fine in the amount of up to one million rubles or in the amount of the wages or other income of the convicted person for a period of up to three years and with or without restriction of freedom for a term of up to two years.

(The article was additionally included from December 10, 2012 by Federal Law of November 29, 2012 N 207-FZ)

Commentary on Article 159.5 of the Criminal Code of the Russian Federation

1. Insurance is a relationship to protect the interests of individuals and legal entities of the Russian Federation, constituent entities of the Russian Federation and municipalities in the event of certain insured events at the expense of funds formed by insurers from paid insurance premiums (insurance contributions), as well as at the expense of other funds of insurers ( Art. 2 of the Law of the Russian Federation of November 27, 1992 N 4015-1 “On the organization of insurance business in the Russian Federation”).

Insurance is carried out in the form of voluntary and compulsory insurance. Voluntary insurance is carried out on the basis of a contract. The conditions and procedure for compulsory insurance are determined by federal laws on specific types of compulsory insurance.

Insurance is carried out on the basis of property or personal insurance contracts concluded by a citizen or legal entity (policyholder) with an insurance organization (insurer).

Insurers are legal entities and capable individuals who have entered into insurance contracts with insurers or are insured by force of law.

Insurers are legal entities created in accordance with the legislation of the Russian Federation to provide insurance, reinsurance, mutual insurance and received licenses in the manner prescribed by this Law.

Insurers assess insurance risk, receive insurance premiums (insurance contributions), form insurance reserves, invest assets, determine the amount of losses or damage, make insurance payments, and carry out other actions related to the fulfillment of obligations under the insurance contract.

When an insured event occurs, the insurer pays the policyholder the amount of money specified in the contract (insurance payments).

A personal insurance contract is a public contract (Article 426 of the Civil Code of the Russian Federation).

The law may provide for cases of compulsory insurance of life, health and property of citizens at the expense of funds provided from the relevant budget (compulsory state insurance).

Under a property insurance contract (Article 929 of the Civil Code of the Russian Federation), one party (the insurer) undertakes to compensate the other party (the policyholder) or another person in whose favor the contract is concluded for the payment stipulated by the contract (insurance premium) upon the occurrence of an event (insured event) provided for in the contract (the beneficiary), losses caused as a result of this event in the insured property or losses in connection with other property interests of the insured (pay insurance compensation) within the limits of the amount specified in the contract (insurance amount).

Under a property insurance contract in accordance with the Civil Code of the Russian Federation, in particular, the following property interests can be insured:

1) the risk of loss (destruction), shortage or damage to certain property (Article 930);

2) the risk of liability for obligations arising from causing harm to the life, health or property of other persons, and in cases provided for by law, also liability under contracts - the risk of civil liability (Articles 931 and 932);

3) the risk of losses from business activities due to violation of their obligations by the entrepreneur’s counterparties or changes in the conditions of this activity due to circumstances beyond the control of the entrepreneur, including the risk of not receiving expected income - business risk (Article 933).

Under a personal insurance contract (Article 934 of the Civil Code of the Russian Federation), one party (the insurer) undertakes, for a fee stipulated by the contract (insurance premium) paid by the other party (the policyholder), to pay a lump sum or pay periodically the amount stipulated by the contract (insurance amount) in the event of harm to life or the health of the policyholder himself or another citizen (insured person) named in the contract, his reaching a certain age or the occurrence in his life of another event provided for by the contract (insured event).

The right to receive the insurance amount belongs to the person in whose favor the contract was concluded.

Currently, motor liability insurance is of great relevance. The object of motor third party liability insurance is property interests associated with the risk of civil liability of the owner of the vehicle for obligations arising from harm to the life, health or property of victims when using the vehicle in the territory of the Russian Federation.

Insurance risk is considered to be damage or risk caused by the policyholder or the insured to third parties only in the event of a road traffic accident (RTA). In other cases, damage is compensated in accordance with the legislation of the Russian Federation.

Civil liability insurance for vehicle owners in the Russian Federation is carried out in a voluntary and compulsory form (Federal Law No. 40-FZ of April 25, 2002 “On compulsory civil liability insurance for vehicle owners”).

Theft in this type of fraud is carried out by deception regarding the occurrence of an insured event, as well as the amount of insurance compensation to be paid. In reality, such deception is possible by staging an insured event (for example, a traffic accident, an accident) or by indicating in the documents recording the amount of damage for an actual insured event, false information about the damage caused (overestimation of the amount of damage).

2. The crime is committed intentionally and for mercenary purposes. A person (the policyholder) deliberately misleads the insurer regarding the existence of an insured event or the amount of insurance compensation, thus expecting to receive a monetary reward that is not required by law, realizing that thereby causing damage to the insurer, and wants to commit these actions.

3. Subject - a person who has reached 16 years of age and has entered into an insurance contract as an insured.

The subject of this crime can also be a representative of the insurer (agent of the insurance company), a traffic police inspector who has entered into an agreement with the insured. In the latter case, the crime will be of a group nature, i.e. require qualification based on a crime committed by a group of persons by prior conspiracy or by an organized group. Such actions should also be qualified on the basis of abuse of official position.

4. Other qualifying features (causing significant damage to a citizen, a group by prior conspiracy and an organized group, large and especially large-scale fraud) are characterized in Art. Art. 158 and 159.1 of the Criminal Code.

Another commentary on Article 159.5 of the Criminal Code of the Russian Federation

1. The commented article provides for liability for theft by deception in the insurance industry. This area has its own specifics, which is manifested in the blanket disposition of the commented article, which presupposes the study and knowledge of the following regulations: Law of the Russian Federation of November 27, 1992 N 4015-1 “On the organization of the insurance business in the Russian Federation” (as amended on December 25, 2012) , Federal Law dated July 16, 1999 N 165-FZ “On the Basics of Compulsory Social Insurance” (as amended on July 11, 2011), Law of the Russian Federation dated June 28, 1991 N 1499-1 “On Medical Insurance of Citizens in the Russian Federation” (as amended on 07/24/2009), Federal Law of March 28, 1998 N 52-FZ "On compulsory state insurance of life and health of military personnel, citizens called up for military training, private and commanding personnel of the internal affairs bodies of the Russian Federation, the State Fire Service, control bodies for the circulation of narcotic drugs and psychotropic substances, employees of institutions and bodies of the penal system" (as amended on November 8, 2011), etc.

2. Liability for fraud under this article arises only in cases where the fraud concerns the occurrence of an insured event, as well as the amount of insurance compensation payable in accordance with the law or contract to the insured or another person. All other cases of fraud will be considered under Art. 159 of the Criminal Code.

3. Qualifying and specially qualifying characteristics are similar to those specified in Art. 159.3 CC.

Fraud in the field of insurance, that is, theft of someone else's property by deception regarding the occurrence of an insured event, as well as the amount of insurance compensation to be paid in accordance with the law or contract to the insured or another person, is punishable by a fine in the amount of up to one hundred twenty thousand rubles or in the amount of wages wages or other income of the convicted person for a period of up to one year, or compulsory labor for a period of up to three hundred sixty hours, or correctional labor for a period of up to one year, or restriction of freedom for a period of up to two years, or forced labor for a period of up to two years, or arrest for up to four months.

Part 2 art. 159.5 of the Criminal Code of the Russian Federation

The same act, committed by a group of persons by prior conspiracy, as well as causing significant damage to a citizen, is punishable by a fine in the amount of up to three hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to two years, or by compulsory labor for a term of up to four hundred thousand. eighty hours, or correctional labor for a term of up to two years, or forced labor for a term of up to five years with or without restriction of freedom for a term of up to one year, or imprisonment for a term of up to five years with or without restriction of freedom for a term of up to one year such.

Part 3 art. 159.5 of the Criminal Code of the Russian Federation

Acts provided for in parts one or two of this article, committed by a person using his official position, as well as on a large scale, are punishable by a fine in the amount of one hundred thousand to five hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of one year. up to three years, or forced labor for up to five years with or without restriction of freedom for up to two years, or imprisonment for up to six years with a fine in the amount of up to eighty thousand rubles or in the amount of the wages or other income of the person convicted of a period of up to six months or without it and with restriction of freedom for a period of up to one and a half years or without it.

Part 4 art. 159.5 of the Criminal Code of the Russian Federation

Acts provided for in parts one, two or three of this article, committed by an organized group or on an especially large scale, are punishable by imprisonment for a term of up to ten years with a fine in the amount of up to one million rubles or in the amount of the wages or other income of the convicted person for a period of up to three years or without it and with restriction of freedom for a term of up to two years or without it.

Commentary to Art. 159.5 of the Criminal Code of the Russian Federation

Commentary edited by Esakova G.A.

1. The corpus delicti is characterized by a special situation in which the crime was committed - deception in the field of insurance and a special method of committing the crime - deception regarding the occurrence of an insured event or deception regarding the amount of insurance compensation to be paid in accordance with the law or contract to the insured or another person. In this case, deception regarding the amount of insurance compensation committed by an insurer’s employee in relation to the insured is qualified under Art. 165 of the Criminal Code.

2. If there was a fraudulent takeover by a person of the property of the same insurance company in several stages, when for each episode of criminal activity the deception consisted of creating the appearance of the occurrence of various insured events (for example, in one case - regarding an alleged road accident, and in the other - the theft of a vehicle, which was not actually committed, but was staged by the perpetrator), the crime committed can be qualified as a single continuing crime, provided that a single intent to commit all episodes of criminal activity is proven.

3. At the same time, in itself, a deliberately false statement to law enforcement agencies about the commission of a crime, for example, about the theft of an insured car (which is an insured event), constitutes an attempted fraud provided for in the commented article, and additional qualification of such actions under Art. 306 of the Criminal Code does not require it.

Commentary on Article 159.5 of the Criminal Code of the Russian Federation

Commentary edited by Rarog A.I.

Commentary on Article 159.5 of the Criminal Code of the Russian Federation

Commentary edited by A.V. Brilliantova

Article 159.5 of the Criminal Code of the Russian Federation provides for a special rule on fraud. General signs of theft are discussed in the commentary to Art. 158 of the Criminal Code of the Russian Federation, general signs of fraud and issues of competition of rules on fraud - in the commentary to Art. 159 of the Criminal Code of the Russian Federation

Responsibility under Art. 159.5 of the Criminal Code of the Russian Federation is provided only for theft by deception regarding facts directly specified in the law:

a) the occurrence of an insured event;

b) facts affecting the amount of insurance compensation.

In this case, not only the insurer can be deceived, but also, for example, a judge considering a civil case to collect insurance compensation.

Deception involves misrepresentation regarding specific facts about which a person knowingly presents false information. A crime is characterized by guilt only in the form of direct intent. If a person is mistaken about the amount of insurance compensation due to him or about the insurer’s obligation to make a payment, the act does not constitute fraud.

Imitation of an insured event (for example, arson of an insured house, imitation of an accident), if the person did not apply for insurance compensation (for example, the fire department established the true cause of the fire, the traffic police identified an imitation of an accident), is preparation for a crime under Art. 159.5 of the Criminal Code of the Russian Federation and entails criminal liability only if a crime is committed by an organized group or on an especially large scale (Part 1 of Article 30, Part 4 of Article 159.5 of the Criminal Code of the Russian Federation). If, with intent or negligence, damage is caused to the property of other persons, the act may be qualified under Art. Art. 167 or 168 of the Criminal Code of the Russian Federation if there are signs of these crimes.

The general subject of the crime is a sane person who has reached the age of 16.

Large and extra large sizes in st. 159.5 of the Criminal Code of the Russian Federation is understood differently than in Art. 158 of the Criminal Code of the Russian Federation, and amount to one and a half million and six million rubles, respectively. Other qualifying features are discussed in the commentary to Art. 158 of the Criminal Code of the Russian Federation, use of official position - in the commentary to Art. 159 of the Criminal Code of the Russian Federation

Video about the station. 159.5 of the Criminal Code of the Russian Federation