Who is responsible?

Question

Law in IT

For example, there are 2 complete strangers.

1st person sells a fraudulent site that deceives people (website files)
2nd person is looking for such a site and wants to buy it.

Will the 1st person be liable if the 2nd person buys a site from him and gets caught in a scam?

Answer 1

1. What is fraudulent activity?

site that deceives people (site files)

More question about files...

The 2nd person is looking for such a site and wants to buy it.

= if you still manage to prove that there was fraud using the site, then this person will go as an organizer, and

1st person sells a fraudulent site,

can go as a performer.
It will be worse if the group is proved.
Fraud is not 273 of the Criminal Code of the Russian Federation (which is mentioned Robur Robur ) However, if there is a composition falling under it, then this will be an additional criminal liability.

Article 159.6. Fraud in the field of computer information
(introduced by Federal Law No. 207-FZ of November 29, 2012
) in the functioning of the means of storage, processing or transmission of computer information or information and telecommunication networks, -
shall be punishable by a fine in the amount up to 120 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period up to one year, or by compulsory labor for a term of up to 360 hours, or by corrective labor for a term of up to one year, or by restraint of liberty for a term of up to two years, or by forced labor for a term of up to two years, or by arrest for a term of up to four months.
2. The same act committed by a group of persons by prior agreement, as well as causing significant damage to a citizen, -
shall be punishable by a fine in the amount up to 300 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period up to two years, or by compulsory labor for a term of up to 480 hours, or by corrective labor for a term of up to two years, or by compulsory labor for a term of up to five years. with restriction of liberty for a term of up to one year or without it, or imprisonment for a term of up to five years with restriction of liberty for a term of up to one year or without it.
(as amended by Federal Law No. 325-FZ of 03.07.2016)
(see the text in the previous wording)
3. The acts provided for in parts one or two of this article committed:
a) by a person using his official position;
b) on a large scale;
c) from a bank account, as well as in relation to electronic money, are
punishable by a fine in the amount of one hundred thousand to five hundred thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of one to three years, or by compulsory labor for a term of up to five years with restriction of liberty for a term of up to two years or without it, or with deprivation of liberty for a term of up to six years with a fine in the amount of up to eighty thousand rubles or in the amount of the salary or other income of the convicted person for a period of up to six months, or without it and with restriction freedom for up to one and a half years or without it.
(Part 3 as amended by Federal Law No. 111-FZ of April 23, 2018)
(see the text in the previous edition)
4. The deeds provided for by the first, second or third parts of this Article, if committed by an organized group or on an especially large scale, are
punishable by deprivation of liberty for a term of up to ten years, with a fine in the amount of up to one million rubles, or in the amount of the wage or other income of the person convicted for a period of up to three years or without it and with restriction of freedom for a term of up to two years or without it.

Answer 2

The correct answer is don't make scam sites, even if you have a way to avoid liability.
A person who understands at least something in the profession can now earn good money in honest ways.
But in general:

1. Creation, distribution or use of computer programs or other computer information, knowingly intended for unauthorized destruction, blocking, modification, copying of computer information or neutralization of computer information protection means, is punishable by restraint of liberty for a term of up to four years, or forced labor for a term of up four years, or by deprivation of liberty for the same term with a fine in the amount of up to two hundred thousand rubles or in the amount of the wage or other income of the convicted person for a period of up to eighteen months.
2. The acts provided for by paragraph 1 of this article, committed by a group of persons by prior agreement or by an organized group, or by a person using his official position, as well as causing major damage or committed out of mercenary interest, are punishable by restraint of liberty for a term of up to four years, or by compulsory works for up to five years with or without deprivation of the right to occupy certain positions or engage in certain activities for a term of up to three years, or by deprivation of liberty for a term of up to five years with a fine in the amount of one hundred thousand to two hundred thousand rubles or in the amount of wages or other income of the convicted person for a period of two to three years or without it and with or without deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years.
3. The acts provided for by paragraphs 1 or 2 of this Article, if they caused grave consequences or created a threat of their occurrence, - shall be punishable by deprivation of liberty for a term of up to seven years.

The first will go for creation, the second for use. With a successful combination of circumstances - by prior agreement (“we don’t know each other at all!” It will still have to be proven)

Answer 3

Responsibility will be borne by everyone whose guilt is proven. Therefore, in this ratio, 4 possible events are possible:
- 1st is not guilty, guilty 2nd
- 1 is guilty, 2 is not guilty
- both are not guilty
- both are guilty