COULD THE CRIMINAL ACQUISITION OF PROPERTY BY USING HYPNOSIS BE QUALIFIED AS FRAUD?

The criminal acquisition of property by using hypnosis is examined. Actually, this crime is qualified as fraud by a law-enforcer. Although the vast majority of scientists classify hypnosis as mental violence, the issue of qualification of the criminal acquisition of property by using hypnosis hasn’t been unambiguously resolved in doctrine yet. The author gives a special definition of the concept of hypnotic influence in order to help address this issue. It is concluded that, in accordance with Russian criminal law, the criminal acquisition of property by using hypnosis should be qualified as theft. Certain amendments to the Criminal Code of Russia are proposed.