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International conference organized by "JurInfoR-MSU" Institute for Contemporary Education, “JurInfoR” center, the Criminalists and Criminologists’ Union (Moscow), and the U.S. Department of Justice, 20-21 May, 1997, Moscow

On combating new types of economic crimes in Russia and the United States

Liability for Misappropriation of Other Owners’ Valuable Property Other Than Theft, As Addressed in the New Criminal Code of the Russian Federation

Vitaly Anatolievich Vantsev

The new Criminal Code of the Russian Federation, enacted on January 1, 1997, decriminalizes misappropriation of other owners’ real estate and other valuable property (except automobiles or other vehicles) other than theft and misappropriation of other owners’ property through deception or breach of trust.

From that date on, such socially dangerous acts are to be defined in accordance with Article 330 of the Criminal Code of the Russian Federation as arbitrariness if: a) considerable damage has been done to the injured party; b) the injured party contends that the guilty party’s actions are unlawful; or in accordance with Article 165 of the Criminal Code, if misappropriation of other owners’ real estate or other valuable property occurs through deception (active or passive) or breach of trust. Therefore, the decriminalization of such types of misappropriation of other owners’ property is relative and, consequently, does not lower the level of the criminal law protection of ownership of such types of property in any significant manner. This should be kept in mind when making decisions about criminal prosecution of Russian citizens who have committed such offenses prior to January 1, 1997 and are now in the territory of the United States.

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