Kreditinio sukčiavimo sudėtis ir atskyrimas nuo paprasto sukčiavimo

LTReikšminiai žodžiai: Baudžiamoji teisė; Civilinė teisė; Finansų teisė; Kreditinis sukčiavimas; Kreditorinis sukčiavimas; Nusikaltimai nuosavybei; Sukčiavimas; Civil Law; Credit fraud; Crime sagainst property; Criminal Law; Finance Law; Fraud; Fraud Creditor.

ENCredit fraud is one of the crimes against economy and business order and it was criminalized in Lithuania in 1996, when the article 329' was included into the Criminal Code. Due to the fact that its object was only bank loans, this article was insufficient to protect economic processes. In 2000, when the new edition of Lithuanian Criminal Code was adopted, the elements of this crime were changed including credit, subsidy, warranty, bank guarantee statement and other credit obligations into its object. Although this amendment ensured a better protection, the inclusion of subsidies into the elements of this crime remains questionable. The other objective elements of credit fraud are a dangerous act (credit fraud cannot be committed by omission), when the perpetrator obtains a credit, loan, subsidy, warranty or bank guarantee or another credit obligation, and deceit, which can be both active or passive. The act is finished when the object is actually obtained and there is no requirement to determine the acquirement in order to qualify an act as a credit fraud. The subjective elements of this crime are specific intent and the subject – a legal entity or a person who attained the age of sixteen years and is not considered legally incapacitated. Credit fraud is similar to swindling. However, these crimes are different as swindling is a crime against property and the act of swindling is considered to be finished when the property is acquired.The content of the deceit is also different. Ihese crimes can be distinguished by the subjective elements. In cases of credit fraud, the intent is directed towards obtaining a credit, loan or subsidy or other credit obligations. When the intent is directed towards acquiring the mentioned objects, the act shall be qualified as swindling. The recent jurisprudence of the Lithuanian courts illustrates that distinguishing credit fraud and swindling is still problematic, particularly when subsidies are obtained by deceit. The problems occur due to the lack of clear criteria that determine what is considered to be a subsidy in the sense of the article 207 of the Criminal Code of Lithuania. Furthermore, subsidies differ from other objects of credit fraud and its particularity show that it would be advisable to criminalize the abuse of subsidies in the separate article of the Criminal Code. [From the publication]

• Lietuvos Respublikos baudžiamojo kodekso komentaras / sudarytojas Jonas Prapiestis. Vilnius : Teisinės informacijos centras, 2004-2010. 3 d. (565, 568, 659 p.).
• Neteisėtas banko kredito gavimas arba panaudojimas ir jų kvalifikavimas / Edvardas Sinkevičius. Vilnius : Lietuvos teisės universiteto leidybos centras, 2002. 185 p.