The Ministry of Home Affairs of Kyrgyzstan proposes to shift fraud to serious and particularly serious crimes and tighten the penalty for this type of crime. This, as the department believes that it will help effectively protect the interests of citizens from illegal attacks on their ownership.
The fine is usually
The Ministry of Home Affairs recognized: In the Republic, the number of appeals of the people of Kyrgyz to the law enforcement agencies is developing related to the implementation of fraudulent actions on their problems. According to the national public service, the number of criminals registered under Article 209 of the Penal Code of the Republic of Kyrgyz, starting in 2016, has doubled – from four to eight thousand.
At the same time, the kit marks the trend: Most criminal cases under this article end or the applicant refused to investigate, mentioning the presence of fraudulent actions between them and those who have conducted civil law relations.
Even in the case of confirmation of clear events, an important part of the criminal cases is terminated due to the inadequate of the specified norm, does not reflect such a crime method when the seizure of other people's property according to the judgment of civil legal relationships, the Ministry explained. In addition, after calculating the second and third parts of Article 209, related to less serious crimes, law enforcement agencies do not have a real opportunity to choose a preventive measure in the form of detention.
– The judicial practice considering fraudulent cases also shows that the fine is applied to the defendant causing material damage on a large scale and does not close as a sanctioning measure. And on those who cause material damage on a particularly large scale, including using their official position, courts often set up probation supervision (measures that are not related to the deprivation of freedom and are used to repair and re -organize socialization, behavior adjustment, as well as prevent new crimes. – ED.), The Ministry adds.
Preventive measures – detained
As the Ministry of the Interior emphasizes that in such cases, the attackers, realizing the possibility of avoiding punishment, intentionally performing fraudulent actions to illegally capture other assets. As a result, the material damage caused to citizens under the law and the State is still unfinished, and the right to be guaranteed for non -valid assets is not protected, the Ministry has summarized.
To correct the situation, it is proposed to amend Article 209 of the Penal Code of the Republic of Kyrgyz. First, in case of approval of the Ministry of Home Affairs initiatives, fraud will be considered not only to seize other people's property or acquire property rights by deceiving or abusing beliefs, but also involved in failing to fulfill the contractual obligations. That is, the element of the civil law relationship between the victim and the attacker will really be removed.
Secondly, the time limit for fraud imprisonment has committed “with a significant amount, a group of people, a group of people who have plotted the previous conspiracy” will be increased – from two to five years (at this time, a fine or a period of up to three years); For the same action “on a large scale” – from five to seven years (now a penalty or a deadline for three to five years); In “the particularly large amount is committed by an organized group, as part of the criminal community, using the official position” – from seven to 12 years (from five to 10 years).
The third and fourth parts of Article 209 of the Criminal Code in the proposed Ministry of the Interior will be transferred to serious and particularly serious crimes. “Regarding those who have this behavior will belong to its actions, will be able to apply detention as a preventive measure,” the department said.
Maximum caution
An increase in criminals related to fraud has been recorded in the Republic over the past few years. The real estate market is particularly affected in this matter. Thousands of people have been tricked by hundreds of millions of millions of non -profit housing cooperatives.
After detention of their leaders at the Ministry of the Interior, they said: Criminal cases under Article 209 (fraud), 210 (assigned or embezzled to the entrusted property) contributed to the initial contribution of the funds of about 25-50 percent of the value of the moving and immobile assets, the owner they have to become.
Interestingly, the leaders of one of the large housing cooperatives, where the statement from hundreds of ordinary participants, was detained after the victims met the first lady Kyrgyz Aigul Zhaparova and told her about their unhappiness. Therefore, the Court has found the head and staff of the Cooperative with a crime and is sentenced to a long -term. However, the damage from their actions is still not compensated, because we are talking about a greater than 700 million Soms.
Now, the people of Kyrgyz are increasingly facing the truth about fraud in the field of high technology. According to the Ministry of the Interior, the number of crimes is increasing, of which networks around the world, messengers and social networks are mainly used. In this regard, the Ministry of Home Affairs is asking the Slovie people to be as careful and thoughtful as possible.
Digital technologies are developing, but at the same time they improve the method and abuse of networks. Everyone saw that recent attackers have used photos of the head of the Ministry of the Interior. So, if you get the advertising nature, there is no hurry. This is very dangerous.
According to him, in the past two years, law enforcement agencies have been enhanced by the fight against crime in the field of high technology, attracting experts on this. In the main board of directors of such criminal investigation and network network networks, it was created in the General Department of Home Affairs Bishkek. In the near future, such units will appear in areas. We worked with colleagues from Russia, Kazakhstan, Uzbekistan and overseas countries, Deputy Minister added.
Meanwhile, independent experts warn: no matter how serious for fraud, the attackers will still try to get into your pocket. Therefore, the main weapon in the confrontation with them is caution and maximum criticism for “bricks”, provided today, in the sense of gloss, to invest, and tomorrow it does not happen. It does not happen!