Cards as payment instruments and access to bank accounts are a form of official documents, but not an important personal document. This is stated in the Supreme Court ruling of 14.02.2019.
This is reported by the Internet-edition “Law and Business”.
The local court found the man guilty of having secretly taken possession of a personal document of another person – a retirement banking card, and then, having learned the pin code, secretly seized that person’s funds. The appellate court changed the sentence in terms of the appointment of a sentence.
In a cassation appeal, the prosecutor raised the issue of changing court decisions, considering that the actions of the convict should be re-qualified from Part 3 of Article 357 on Part 1 of Article 357 of the Criminal Code.
By changing the verdict of the local court and the decision of the appellate courts, in the decision number 454/420/17 SC noted the following.
In this case it is not established that the bank card of the victim corresponded to the signs of an important personal document, that is, it was the subject of a crime, the responsibility for which is stipulated in Part 3 of Article 357 of the Criminal Code. Instead, this card is an official document and, accordingly, is the subject of a crime under Part 1 of Article 357 of the Criminal Code.