PUBLIC DANGER OF NONCASH FRAUD

Introduction: the author analyses the public danger of theft from bank accounts and electronic money (Article 158, part 3, paragraph (g) of the Criminal Code of the Russian Federation) in order to identify consistency of the severity of the offence with the nature and the degree of the danger to society, as well as to identify the place of the theft in the system of property offences. Literature review: the works of scientists who focused their studies on the general part of the criminal law, as well as scientists who studied criminal responsibility for property offences (A.G. Bezverhov, A.I. Boitsov, B.V. Volzhenkin, L.D. Gauhman, Yu.A. Demidov, N.D. Durmanov, V.N. Kudryavtsev, N.F. Kuznetsova, N.A. Lopashenko, S.V. Maksimov, A.A. Piontkovsky, P.S. Yani, etc.) provided the theoretical foundation for the study. Materials and Methods: the methodological basis for the study is general and special methods of scientific cognition (dialectical, legal, system and structure, logical). Results: the author concludes that payment card fraud does not present public danger corresponding to the category of serious crimes. In this regard, the author questions the location of this criminalising clause in Article 158, part 3, paragraph (g) of the Criminal Code of the Russian Federation. Discussion and Conclusions: the author puts forward the idea of amending the Criminal Code of the Russian Federation, with the aim of decriminalising theft from a bank account and electronic money committed using a payment card. The author suggests that these acts should be qualified under the basic structure of theft.