Criminal prosecution for crimes committed in the banking industry

Abstract

The criminal acts encroaching on credit funds of banks are widespread in all regions of the Russian Federation. They threat the banking industry in the economy which is the main constituent of the country’s financial system. Currently, investigative authorities face difficulties in starting criminal proceedings against persons committing such crimes. This article focuses on devising an algorithm for criminal proceedings in this sphere for complicated cases and to ensure effective criminal prosecution actions and harm compensation at the pre-trial phase of criminal proceedings.
 

Termination of a criminal case (criminal prosecution) as a result of voluntary compensation for damage caused by a crime in the russian criminal court legal proceedings

“…The data of authoritative researchers, based on the analysis of a large array of criminal cases, also confirm that the bodies of preliminary investigation (PUSHKAREV et al, 2020) and the court (PUSHKAREV et al, 2019) often do not pay any attention to the issues of compensation for harm.…”

Seizure of Property as a Way to Ensure Compensation for Damage Caused by a Crime: Theory and Practice

“…In cases where the object of theft is money stolen from the current accounts of individuals and legal entities, it is advisable to search for them by requesting bank statements on current accounts. At the same time, investigators and inquirers are recommended to apply to the district courts with petitions to seize the stolen funds in order to prevent their subsequent transfer and cashing and legalization (Pushkarev et al, 2020).…”

“…On the basis of the above, the judicial board determined the decision of the Meshchansky District Court of Moscow of July 14, 2011, to leave unchanged, and the cassation appeal -without satisfaction (Appeal decision of the Judicial Board, 2011). However, despite the correct actions of investigators, interrogators, aimed at establishing the property of the accused (suspects), which can be seized, the measures taken do not always achieve their final goal -compensation for the damage caused by the crime due to the fact that often the courts do not resolve the question of the fate of the arrested property at all, despite the direct indication of this in paragraph 11, Part 1, Article 299 of the Criminal Procedure Code of the Russian Federation (Pushkarev et al, 2020). So, in the criminal case No.…”

Seizure of property: development of legislation and improvement of law enforcement practice

“…It should also be clarified that in cases where the investigator has established property subject to confiscation, the seizure of property can Dmitriy Aleksandrovich Ivanov, Igor Alekseevich Antonov, Elena Nikolaevna Кleshchina, Lenar Vazyhovich Satdinov y Elena Vladimirovna Blinova Seizure of property: development of legislation and improvement of law enforcement practice be carried out in cases that do not tolerate delay, in accordance with the procedure provided for in Part 5 of Article 165 of the Criminal Procedure Code of the Russian Federation (except for non-cash funds, securities and precious metals held in accounts or deposits with banks and other credit organizations, in respect of which the arrest is made only by a court decision, according to the Federal Law "On Banks and Banking Activities") (Pushkarev et al, 2020).…”