Scam

Fraud and the crime of fraud

According to Article 1 of the law, the punishment for the perpetrators of bribery, embezzlement and fraud is aggravated, anyone who deceives people through trickery and fraud into the existence of fictitious companies, businesses, factories, institutions, or into having fictitious properties and powers, and into unreal affairs, or to give hope or fear of unreal events and occurrences, or to adopt a fake name or title and collect funds, property, documents, remittances, bills, settlement of accounts, and the like through one of the mentioned devices or other fraudulent devices and in this way If he takes someone else’s, is considered a fraud and in addition to denying the original property to the owner, is sentenced to imprisonment from one to seven years and to pay a fine equivalent to the money he has taken.

Legal elements of the crime of fraud

Legal elements of the crime of fraud: The first condition and legal element of fraud is lying and using fraudulent means to deceive people. For example, a person falsely introduces himself as a doctor in order to steal people’s money and in this way falsifies a medical license, or a person introduces himself to an official in a department or government body by resorting to fraudulent means.

The second condition and element is the neglect and deception of the victim. That is, it is necessary that the fraudulent maneuver of the criminal is effective on the people, and the person who lost his property is deceived by the criminal and gives his property to the fraudster.

The third condition is taking money by the fraudster; That is, after a person is tricked by a fraudster, he gives his property to him.

It should be noted that until all the three above-mentioned conditions are fulfilled, the accusation of fraud cannot be attributed to anyone.

Punishment for the crime of fraud

According to Article 1 of the Law on Intensifying the Punishment of Bribery, Embezzlement and Fraud, the punishment for the perpetrator of the crime of fraud is one to seven years in prison, plus a fine (to the government) equivalent to the amount the perpetrator has received. Also, the criminal is sentenced to deny the original property to its owner.

Benefits of filing a criminal complaint with a lawyer

Considering the complexities of the crime of fraud that was mentioned in a part of it, it is suggested that you consult with a lawyer before filing a criminal complaint; Because it is the responsibility of the plaintiff to prove the elements of this crime, and lack of knowledge on how to file a complaint can damage the right of the lost property.

If you have any questions in the field of fraud and legal rulings related to it, or if you need guidance in preparing and implementing the provisions of the petition and the fraud crime bill, our experienced consultants and lawyers at the Association of Asian Lawyers will answer your questions.