(Ordinance n ° 2000-916 of September 19, 2000 art. 3 Official Journal of September 22, 2000 in force on January 1, 2002) Fraud is the act, either by the use of a false name or of a false designation, or by the abuse of a true quality, or by the use of fraudulent maneuvers, of deceiving a natural person or moral and thus to determine, to its prejudice or to the prejudice of a third party, to deliver funds, values or any good, to provide a service or to consent to an act operating obligation or discharge.
The swindle is punished by five years imprisonment and a fine of 375,000 euros. |
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Case law newsCass.crim. Dec 6 1993
Whereas, to declare established the fraudulent maneuvers supporting the lies of Mxxxx on the profitability of the hotel operated by the public limited company Le Palais which it was offering for sale and whose situation was ‘catastrophic’, the judgment retains in particular the production of a false statement of debts showing a very low payable liability, as well as a document entitled ‘provisional operating income’ mentioning a ‘fanciful’ turnover; that if the court of appeal does not indicate the identity of the author of these writings, it specifies on the other hand that they were ‘skillfully presented in the middle of other documents emanating from the accountant of the company’ ;
Whereas in the state of these statements which characterize the constitutive elements, of the swindle, and apart from reasons superabundant but not determining, the court of the second degree justified its decision without incurring the alleged grievances;
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| ( Ordinance nº 2000-916 of September 19, 2000 art. 3 Official Journal of September 22, 2000 in force on January 1, 2002) (Law nº 2004-204 of March 9, 2004 art. 6 X Official Journal of March 10, 2004)
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. |
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