FRAUD
LexInter | June 14, 2018 | 0 Comments

FRAUD

Fraud is defined by article 313-1 of the Penal Code as the fact, either by the use of a false name or of a false capacity, or by the abuse of a true capacity, or by the ” use of fraudulent maneuvers, to deceive a natural or legal person and thus determine, to his or her prejudice or to the prejudice of a third party, to hand over funds, securities or any good, to provide a service or to consent to a act operating obligation or discharge.

CONDITIONS

The scam consists in obtaining the delivery of the thing by fraudulent maneuvers.

PENALTIES

Fraud is punishable by five years’ imprisonment and a fine of 375,000 euros ( article 313-1 )

Aggravating circumstances

(article 313-2)

The penalties are increased to seven years’ imprisonment and a fine of 750,000 euros when the fraud is carried out:
1 ° By a person holding public authority or entrusted with a public service mission, in the exercise or in the occasion of the exercise of its functions or its mission;
2 ° By a person who unduly assumes the quality of a person holding public authority or entrusted with a public service mission;
3 ° By a person who appeals to the public for the issuance of securities or for the collection of funds for the purposes of humanitarian or social assistance;
4 ° To the prejudice of a person whose particular vulnerability, due to his age, to an illness, an infirmity, a physical or mental deficiency or a state of pregnancy, is apparent or known to the perpetrator.
The penalties are increased to ten years’ imprisonment and a fine of 1,000,000 Euros when the swindle is committed by an organized gang. 
Scam attempt

article 313-3)

The attempted fraud is punished with the same penalties as the fraud

Fraud not giving rise to prosecution

The provisions of article 311-12 are applicable to the offense of fraud.

Crimes close to scam

Trickery

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