Russia: ten days of sham rites to build trust, then the mink coat, the cash, the underwear and the perfume

Proceedings

1. 2017-08-17 · conviction and sentence at first instance

   Rudnichny District Court of Prokopyevsk, Kemerovo Oblast, Russia (Рудничный районный суд г. Прокопьевска). The defendant, anonymised in the published judgment as ФИО1, was convicted of fraud causing significant damage to a citizen under ч.2 ст.159 of the Criminal Code. The court found that on 18 January 2017, having no regular income, she planned and devised a scheme to obtain money from members of the public by deception under the pretext of removing a curse; that she went to a children's clothing shop in a shopping centre, deliberately struck up an acquaintance with the shop assistant, and told her a curse was upon her and that she had the ability to heal it; and that between 18 and 28 January, possessing a capacity for persuasion, she established a trusting relationship with the victim by conducting a series of sham healing rites. On 28 January, at the victim's flat, she obtained the voluntary handover of a mink fur coat worth 80,000 roubles, 19,000 roubles in cash, a set of underwear worth 500 roubles and a bottle of Oriflame 'Giordani' perfume worth 2,000 roubles, all said to be necessary for the healing rites, telling the victim she would return the items and money on 29 January before leaving with them. The total loss was 101,500 roubles. In mitigation the court recorded partial compensation, full admission of the civil claim and an apology to the victim in the courtroom, and noted her lack of a stable income in choosing the penalty. She was sentenced to 360 hours of compulsory labour, her detention was lifted and she was released in the courtroom, with time spent in custody from 2 March to 18 August 2017 credited at one day of detention to eight hours of labour.

Documented coercion mechanisms

• a scheme the court found was planned in advance — she «спланировала и разработала план хищения денежных средств путем обмана граждан, под предлогом снятия «порчи»» before approaching anyone
• the victim approached at her counter in a children's clothing shop, where a trader cannot leave and conversation with a stranger is unremarkable
• ten days of «мнимых обрядов по исцелению» — sham healing rites — used to establish a trusting relationship before anything was asked for, the court noting she possessed «способностью к убеждению»
• the taking moved to the victim's own flat once trust was established
• property said to be required for the healing rites rather than paid as a fee, and a promise to return everything the following day