"The introduction of confiscation of ill-gotten property

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The document was developed in pursuance of paragraph 1.1 of the minutes of the operational meeting of the Security Council of the Russian Federation dated March 10, 2022.

of cybercriminals will serve to colombia cell phone number list restore justice and will allow these funds to be used to compensate for damages to victims," ​​Vasily Piskarev said. "Recently, there has been an active penetration of crime into information technology and telecommunications, and an increase in fraud in the credit and financial sector. As a result, the number of injured citizens, especially the elderly, is growing, and great material damage is caused." According to the Ministry of Internal Affairs, in 2021, the increase in crime in the field of computer information was 62.5%.

Group-IB information security specialist Sergey Zolotukhin reminds that the confiscation mechanism, both for the means of committing a crime and for property obtained by criminal means, is widely used in the legal systems of various countries. In his opinion, the application of the rules on confiscation of property within the framework of Articles 272-274 is a long-overdue step in the context of the growth of cyber threats and the number of "computer" crimes. The change in legislation will allow a more differentiated approach to the assessment of each criminal act and the choice of punishment.

Managing partner of the Pen & Paper law firm, Alexey Dobrynin, believes that confiscation is a fairly effective measure aimed at preventing new crimes and at the same time having a corrective effect. However, in his opinion, this measure is inappropriate in relation to cybercriminals: "It should be understood that Article 104.1 of the Criminal Code of the Russian Federation establishes a specific range of property subject to confiscation: property obtained as a result of committing crimes, used to finance extremism, terrorism and other illegal activities, as well as other means of committing crimes. The confiscation of funds with which certain types of fraud (Article 159.3, Article 159.6 of the Criminal Code of the Russian Federation) and crimes in the field of computer information (Article 272, Article 273, Article 274, Article 274.1 of the Criminal Code of the Russian Federation) are committed, proposed by bill No. 238005-8, is not appropriate, since at present the means of committing these crimes (computers , servers and other equipment) are recognized as material evidence in the established manner and are subject to confiscation (clause "g" of Part 1 of Article 104.1 of the Criminal Code of the Russian Federation, Clause 1, Part 3, Article 81 of the Criminal Procedure Code of the Russian Federation). In terms of the possibility of confiscating property obtained by criminal means, it should be taken into account that property seized free of charge by a guilty person as a result of crimes against property (Chapter 21 of the Criminal Code of the Russian Federation), as well as income from this property, are subject to return to the owner or other legal owner (Clause 4, Part 3, Article 81 of the Criminal Procedure Code of the Russian Federation).