ON THE ISSUE OF ESTABLISHING THE LOCATION OF THE REMOTE THEFT

The subject of the study is the specifics of the investigation of criminal cases of remote theft, that is, for crimes provided for in par. «d» of Part 3 of Art. 158, Art. 159–159.6 of the Criminal Code of the Russian Federation, in which non-cash funds are stolen and information and telecommunication technologies are used. The article discusses the problem of establishing the location of the remote theft as a circumstance subject to proof in accordance with the requirements of Art. 73 of the Criminal Procedure Code of the Russian Federation. Attention is paid to the problem of establishing the location of the remote theft as a circumstance that caused a large number of disputes among  law enforcement officers. The evolution of explanations of the Plenum of the Supreme Court of the Russian Federation, their interpretation by scientists and practitioners is analyzed. The author agrees with the opinion of some scientists and the latest clarifications of the Supreme Court and notes that the place of commission of remote theft should be considered as the place of commission of actions that constitute the objective side of the crime aimed at the illegal withdrawal of funds, as argued based on personal experience in law enforcement agencies, interviewing practitioners, analysis of investigative and judicial practice. Highlights the difficulties in establishing the location of the theft remotely, in cases where the perpetrator uses a smartphone with Internet access to commit a crime, and at the time of the commission of the criminal act may be located anywhere in the Russian Federation and beyond.