Stealing of non-cash funds: current issues of qualification and differentiation of criminal liability

Abstract

The article discusses the issues of qualification and differentiation of criminal liability that arose after the addition of Articles 158, 159 of the Criminal Code of the Russian Federation with qualifying features «from a bank account, as well as in relation to electronic money», the author suggests criteria for delineating the composition of a crime, provided for by item "g" part 3 of art. 158, art. 1593, item "b" part 3 of art. 1596 of the Criminal Code compare with each other, and with theft, general fraud; the author draws attention to the violation of the rules of differentiation of criminal liability when introducing these qualifying features into the Criminal Code; also the author makes suggestions for solving the existing difficulties with the application of these articles, and suggests ways to solve the noted violations of the criminal law.