Theft of non-cash funds and digital currency: problems of constructing the elements of crimes

Abstract

The article, with reference to the Ruling of the Constitutional Court of the Russian Federation No. 1374-O «On the termination of proceedings in the case of checking the constitutionality of paragraph «d» of Part Three of Article 158 and Article 159.3 of the Criminal Code of the Russian Federation in connection with the request of the Railway District Court of the city of Ryazan» and doctrinal sources, proves the need to improve criminal law norms on on the theft of non-cash funds and digital currency. The author, based on the theory of constructing the corpus delicti, offers his own solutions to existing legislative problems. In particular, it is recommended to exclude from the law qualifying signs of theft and computer fraud «from a bank account, as well as in relation to electronic money» (paragraph «d» of Part 3 of Article 158, in paragraph «c» of Part 3 of Article 159.6 of the Criminal Code of the Russian Federation). In addition, a draft of a new norm has been formulated (Article 164.1 of the Criminal Code of the Russian Federation) about the theft or extortion of digital currency. The proposals on the construction of the main composition of this crime and qualifying features, which it is advisable to fix in the proposed norm, are reasoned.