Socially dangerous consequences as a structural element of causing property damage by fraud or breach of trust

This article is about the nature of socially dangerous consequences of causing damage to property by fraud or breach of trust. When analyzing the concept of property damage the author shows the correlation of the lost profit and failure to obtain the proper. The question of the character of criminal consequences of corpus delicti provided by Art. 165 of the Criminal Code of the Russian Federation is particular topical in the light of adoption of the Federal Law No. 420-FL "On amending of the Criminal Code of the Russian Federation and separate acts of the Russian Federation" according to which since January 01, 2012 P.1 Art. 165 of the Criminal Code of the Russian Federation was depenalized and criminal liability began to be connected with large (especially large) sizes, that is more than 250 thousand rubles. Corpus delicti of property damage by fraud or breach of trust (Article 165 of the Criminal Code) is designed for the type of the material: the legislator points directly to property damage as a necessary consequence. However, the mechanism of damaging the object in this case is different from other crimes against property (theft and destruction of property or damage to someone else's property), it is the guilty's non-assignment of property that was to be given to the owner (another owner) and, accordingly, non-possession of this property by the latter. Therefore, damage inflicted by the crime is not in the form of the loss of property but in the uncollected income (loss of profit). The article describes and correlates the concepts of "lost profit" and "failure to obtain the proper". From the standpoint of formal logic the concepts of "lost profit" and "failure to obtain proper" are synonymous because they have the same meaning. They both represent a set of income that the person has not received as a result of a criminal act. Therefore, joint use of these concepts in the interpretation of property damage is not advisable. It seems more correct to use the term "failure to obtain the proper" because it etymologically describes the essence of the damage in corpus delicti more accurately under Art. 165 of the Criminal Code. Exploring the socially dangerous consequences the author concludes that the existing problem of qualification of corpus delicti under Art. 165 of the Criminal Code is related to the uncertainty of the content classification of criminal consequences. The concept of property damage the legislator uses finds a clear interpretation neither in the science of criminal law nor in the civil law theory. The definition proposed in the article of property damage through the failure to obtain the proper allows solving the problem of relations between the concepts "failure to obtain the proper" and " lost profit" as well as to unify jurisprudence.

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