ISSUES OF DECEPTION, ABUSE OF TRUST AND ASSESSMENT OF THE INFORMATION TECHNOLOGY FACTOR IN THE QUALIFICATION OF DIGITAL FRAUD
Abstract
The article analyzes the criminal-legal criteria for qualifying fraud committed using information technologies. The study is based on Article 168 of the Criminal Code of the Republic of Uzbekistan, Resolution No. 17 of the Plenum of the Supreme Court of the Republic of Uzbekistan dated June 23, 2023, court rulings, regional methodologies, and the views of national and foreign scholars on the qualification of crimes, crimes against property, and cybercrime. The article develops criteria for distinguishing fraud committed using information technologies from cases related to theft, illegal access to computer information, extortion, phishing, and bribery. The main conclusion is that it is not the use of information technologies itself, but the transfer of property or property rights to the guilty party as a result of deceiving the victim or abusing his trust through this technology, which is a decisive sign in qualifying fraud.
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