The problem of unspecified intent in committing thefts of non-cash funds

Thefts traditionally act as the prevailing socially dangerous act in the structure of crime in Russia. The widespread development of modern technologies and their widespread introduction into everyday life contribute to a large-scale transition from cash payments to predominantly non-cash forms of payment. The subject of the study is the subjective side of thefts of non-cash funds, namely, unspecified intent as a form of guilt in the specified acts. The purpose of the work is defined as identifying ways to optimize law enforcement practice for the formation of a unified approach to the qualification of thefts of non-cash funds with an unspecified intent. Research methods - analysis of law enforcement practice, synthesis of general recommendations, documentary method. A critical analysis of existing doctrinal approaches and judicial and investigative practice allowed us to draw our own conclusions and propose a system of rules for qualifying thefts of non-cash funds with unspecified intent: firstly, an act is recognized as a single continuing crime if it is united by a common intent, an insignificant gap in time, and a single source of obtaining funds. Secondly, unspecified intent consists in the initial uncertainty of the amount of funds in the account, in connection with which the imputation of an attempt on the entire amount in the account seems unfounded. Thirdly, if a chain of similar acts of withdrawing funds from an account ends in an unsuccessful episode due to circumstances beyond the control of the perpetrator, the act should be qualified as a completed theft based on the damage actually caused to the owner by previous actions. Fourthly, the idea of a continuing crime denies the division of a single act into two parts – completed and unfinished.