Fraud

Fraud

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Fraud

Fraud

 

    Fraud is a crime against property. The subject of fraud is public relations, which ensure the proper exercise and disposal of property rights and other property rights. The law regulates two basic types of fraud - active fraud and passive fraud. In the case of active fraud, a person who proclaims for himself or for other property benefits arouses or maintains a deception and thereby causes him or other property damage, shall be punished for fraud with imprisonment of one to six years. The subject of fraud can be any criminal person. The subject of fraud is complex. It is: • The person being misled. This can only be an individual. • Damaged property. For the composition of the act, there is no need to have an identity between changes and damages. Damage can occur both in the property of the deceived person and in the property of another person. Therefore, the injured party may also be a legal person. In active fraud, the act of execution can take two forms: • Arousal of delusion. The perpetrator creates a false perception in the victim of certain facts and circumstances of reality. • Maintaining delusion. The perpetrator takes advantage of the deception already created by the victim by taking action to confirm and preserve it. As a result of the deception, the deceived person performs a property order, which causes property damage. Fraud is a result of crime. The criminal result is property damage. There is an attempt to cheat before it occurs. Fraud is always made with direct intent. In addition, it is carried out for a useful purpose - the worker aims to obtain for himself or for other property benefits. Property benefits represent a favorable change with a property character. Passive fraud, which for the same purpose uses the deception, inexperience or ignorance of someone and thereby causes him or other property damage, shall be punished by imprisonment for up to five years. The peculiarity of passive fraud lies in its act of execution. It can take three forms: • Using created misconception The perpetrator takes advantage of an already misconceived fact and circumstance from the reality with which he or she solidifies. In this composition, he is not active in maintaining it. • Use of the inexperience of the victim The child takes advantage of the lack of practical experience and skills of the victim when performing the property order. • Using someone's awareness The perpetrator takes advantage of the lack of sufficient information in the victim for the legally relevant circumstances when executing the order. The law also regulates qualified fraud structures related to the peculiarities of the act of perpetration, the quality of the perpetrator, the peculiarities of the subject and the subjective side and the amount of the harm caused. For fraud, punishment is imprisonment for one to eight years: 1. If the perpetrator has introduced himself to an official or a person acting on behalf of the authority; 2. If it is performed by two or more persons who have agreed in advance for its execution; 3. If the fraud is committed by an official or a proxy within the scope of his post or power of attorney, or by a person directly engaged in a currency transaction in an occupation; 4. If repeated in important cases; 5. If the damage caused is large. In the cases of points 4 and 5, the court may order confiscation of up to one-half of the perpetrator's property. When the fraud is of a particularly large scale, representing a particularly serious case or a dangerous recurrence, the sentence is three to ten years' imprisonment. The court may order confiscation of up to one-half of the perpetrator's property. Ordinary fraud is less punishable when it is a minor case.

Fraud
Fraud
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