Analysis of the elements of the forensic characteristics of crimes provided for in Article 200 of the Criminal Code of Ukraine

Abstract

The article presents the main provisions of the forensic characteristics of illegal actions with transfer finance documents, payment cards, and other means of access to bank accounts, electronic money (Article 200 of the Criminal Code of Ukraine). The author identifies typical features of the subject, method, traces, and circumstances of committing this crime, the person who committed the offense, and connections with other criminal offenses. It is established that the subject of the investigated crime can be documents for transfer, payment cards, other tools of access to bank accounts, and electronic money. In a forensic sense, all these objects are documents that can be divided by form as paper and electronic, and by purpose as payment instruments (documents for finance transfer and payment cards) and electronic money. The typology of illegal actions with payment instruments and electronic money is based on their forensic classification. It depends on the type of action which is determined in the disposition of Article 200 of the Criminal Code and on the stage of criminal activity, and on the subject of the crime. In practice, the most common methods are related to forgery and use of forged payment cards, forgery of payment instructions in online banking, illegal use of electronic money in business activities, and forgery of payment documents by bank employees. Material, electronic (digital), and ideal traces are included in the forensic picture of the analyzed type of crime. The person who committed the offense is characterized by average age, higher education, Ukrainian citizenship, professional knowledge and skills, or access to internal banking systems due to professional position, a significant proportion of individuals who have been previously brought to criminal responsibility.