The card won't fit: fines for fortune-tellers want to increase to one million rubles
Fortune-tellers, magicians and psychics are planning to double the fines and bring them to 1 million rubles. It is also proposed to introduce a definition of "esoteric services" into the legislation. And in Article 159 of the Criminal Code ("Fraud"), there is a separate punishment for deceiving citizens by fortune tellers. Currently, the maximum fine under this article is 500 thousand rubles. Tightening in this area can be an important step towards protecting citizens from manipulation and unfair influences, the main thing is that conscientious specialists, such as psychologists, coaches and therapists, do not suffer, experts believe.
What punishment does fortune tellers face for cheating
It is proposed to introduce a separate punishment for fortune-tellers, magicians, and psychics under Article 159 of the Criminal Code of the Russian Federation ("Fraud") . Alexey Didenko, Chairman of the State Duma Committee on Regional Policy and Local Government, asked Interior Minister Vladimir Kolokoltsev to add a new corpus delicti to it. Izvestia has reviewed the document.
The document says that recently in the Russian Federation there has been a steady negative trend associated with an increase in the number of crimes committed under the guise of providing paid services of an esoteric nature.
"We are talking about such things as fortune-telling, astrological consultations, rituals for removing spoilage, love spells, "cleansing", etc. Malefactors systematically mislead Russians in order to seize their funds. At the same time, elderly people and citizens who are in an emotionally unstable state demonstrate particular vulnerability to such forms of deception," the deputy said in his address.
He noted that such crimes are usually classified under art. 159 ("Fraud"). However, the current version of the article does not take into account the specifics of illegal schemes based on the market for such services.
"The absence of a specific indication of such forms of deception creates difficulties in proving intent and a causal relationship between the actions of the fraudster and the consequences. As a result, law enforcement agencies and courts are not always able to correctly classify such criminal acts," the appeal says.
In this regard, the deputy proposes to supplement Article 159 of the Criminal Code with a new standard of punishment for fraudulent acts committed under the guise of providing esoteric services on a commercial basis, and to impose a higher fine for this than for simple fraud.
Currently, Article 159 of the Criminal Code of the Russian Federation ("Fraud") implies punishment in the form of a fine of 120 thousand rubles or in the amount of a salary or other income of a convicted person for a period of up to one year. Or such a crime is punishable by compulsory labor for up to 360 hours, or correctional labor for up to a year, or restriction of liberty for up to two years, or arrest for up to four months, or imprisonment for up to two years.
If it is a large-scale case (damage in excess of 4.5 million rubles), the perpetrator is also punished with a fine of 100,000 to 500,000 rubles, or in the amount of wages or other income of the convicted person for a period of one to three years, or forced labor for up to five years with restriction of liberty for up to two years or without it, or imprisonment for up to six years with a fine of up to 80 thousand rubles.
— According to various estimates, the volume of the esoteric services market in Russia is billions of rubles, and fraudsters are actively operating on it. However, the penalties for these crimes, in my opinion, are not quite sufficient. So, if the amount of damage to the victim is less than 4.5 million rubles, then the perpetrator only faces a fine of up to 120 thousand rubles. If the amount of damage is higher, the fine will be up to 500 thousand rubles. In this regard, I propose to introduce a separate article in the Criminal Code for such actions with a penalty of 500 thousand to 1 million rubles," the deputy explained.
In addition, he proposes to prescribe the concept of "esoteric services" in the legislation, so that it would be more difficult for such offenders to escape responsibility, and the punishment for their actions would be more specific.
— In 2024 alone, several high—profile cases were initiated in our country: in one case, a "clairvoyant" stole 67 million rubles from a client, in another, a tarologist withdrew 1.2 million from the victim's account, such incidents continue to occur, — said Alexey Didenko.
Also, as explained in the State Duma, last year the Supreme Court ruled in the case of a fortune teller who charged 3 million rubles for the removal of damage, defining it as fraud. At the same time, the courts of previous crimes could not determine the composition of the crime for a very long time.
Izvestia sent a request to the Ministry of Internal Affairs with a request to comment on the prospects for supporting Alexey Didenko's proposal.
This is not the first initiative to tighten control over the activities of citizens providing esoteric services to the public. Earlier, the deputies, among other things, proposed to completely ban such activities and restrict the advertising of such services, but this was not supported by the government.
Why is the market for fortune tellers, magicians, and psychics still in a gray area?
It is almost impossible to reliably estimate the volume of the Russian esoteric services market, the Association of Bloggers and Agencies (ABA) told Izvestia. Although earlier the State Duma stated that by the end of 2024 it would amount to about 100 billion, while other experts estimate it at larger amounts.
"This is an extremely gray area of the economy, in which payment methods are common, both in cash, by transfers, and disguised transactions, when the provision of services is designated differently — as consulting, education, therapy session, and so on," the association explained.
— I support the introduction of criminal liability for fraudulent activities, including in the field of pseudopsychology and "magical services". When unsafe and deliberately deceptive practices are imposed on people under the guise of helping them, especially involving children or vulnerable groups, this requires a clear legal assessment," Julia Dolgova, ABA President and Jamie Lup CEO, told Izvestia.
In her opinion, tightening in this area can be an important step towards protecting citizens from manipulation and unfair influences. The main thing is that when implementing such measures, a balance should be maintained and conscientious specialists in related fields, such as psychologists, coaches and therapists, should not suffer, she noted.
— The initiative seems timely. The market for esoteric services is really growing — and with it the number of victims is increasing. Nowadays, fraudsters often hide behind a "magic" flair, and it is difficult to prove deception: there is no contract, there is no "product", which means there is no corpus delicti in the classical sense. At the same time, the damage — emotional and financial — is quite real," Yulia Zagitova, secretary of the Russian Union of Journalists and founder of Breaking Trends, told Izvestia.
Because a person doesn't go to a fortune teller for a prediction — he goes for hope, she explained. In times of crisis, you want quick solutions, clear advice, and a sense of control. Magicians and psychics sell this very thing — the illusion that everything can be changed with one ritual, the expert emphasized.
She believes that individual responsibility can become a deterrent for those who deliberately exploit people's suggestibility and vulnerability.
— The initiative to increase penalties for "magical" scammers seems logical. At least because she recognizes the obvious: the market of esoteric services in Russia is systemic and high-margin. Turnover in the tens of billions of rubles, annual growth — all this speaks to a professionally built information business, which is in no way inferior to the top digital niches," says Yaroslav Meshalkin, managing partner of the Heads'made digital communications agency.
According to him, if people are imprisoned for financial pyramids and fake investments, then why not introduce a similar responsibility for those who sell "energy cleaning" for 50 thousand rubles? rubles per online session.
— A modern "magician" is often an experienced content marketer and influencer with a built—in sales funnel, storytelling and regular broadcasts. There's no time for Tarot cards — it's a pure digital funnel with engagement and retention," Yaroslav Meshalkin is convinced.
On the contrary, Pavel Bogdanov, the head of the Association of Astrology and Magic, a psychic, astrologer and soothsayer, was critical of the initiative. In his opinion, it will never be supported by the government.
— Article 159 already reflects both the plot of the crime and the plot of punishment. Some deputies simply put forward various initiatives due to the lack of an information agenda around them. For example, a proposal such as banning esotericism on the territory of the Russian Federation will never be supported, because there are entire regions of our country beyond the Urals that, without the knowledge of the shaman, will not even let an ambulance near the patient. This is a whole cultural layer that will simply be deleted by such a bill," he explained.
According to him, the proposal to introduce a separate punishment for pseudo-fortune tellers under Article 159 will not be accepted, since fraudsters exist in any profession: among doctors and law enforcement officers. And there are unscrupulous people in the esoteric sphere, which the existing article of the Criminal Code allows to fight, the expert is convinced.
Переведено сервисом «Яндекс Переводчик»
