CRIMINAL LAW CHARACTERISTICS OF INTENT, MOTIVE, AND THE OFFENDER IN DIGITAL FRAUD

Abstract

The article analyzes the subjective characteristics of fraud committed using information technology from a criminal-legal perspective. It reveals the formation of intent in digital fraud, the role of malicious intent in the structure of the crime, the legal significance of the motive, as well as the technical, organizational and socio-psychological characteristics of the subject of the crime. It is substantiated that in the information technology environment, it is insufficient to interpret the subject of fraud solely as a person with specialized technical knowledge; in such crimes, methods of social manipulation, psychological influence, and the exploitation of the victim’s trust also play a decisive role. It also covers forms of participation in digital fraud, the use of artificial intelligence tools, theft of digital identity, liability of legal entities and criminal law issues related to compensation for damages. These cases indicate the need for a clear and comprehensive assessment of the characteristics of the subjective side when qualifying digital fraud. According to the author’s conclusion, it is advisable to specify a separate criminal offense for fraud in the field of information technology, establish independent liability for the theft of digital identification data, develop the liability of legal entities based on the criterion of intent, differentiate the roles of participation and adapt the system of compensation for damage to the digital environment. These measures will increase the accuracy and effectiveness of criminal law enforcement in the fight against digital fraud.