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Scam

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Scam

In summary, swindling is causing goods to be surrendered or delivered by means of fraudulent means: use of false name, false capacity or employing cunning artifice and doing so in a fraudulent manner.

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Terms

In order to constitute the crime of fraud, 3 legal conditions must be met:

  • Objects of con: the delivery or surrender of money, movable property, commitments, discharges or debt releases. This enumeration refers to all types of things of material or moral value belonging to another person's property. These items may be directly or indirectly the object of fraud.
  • Cause: the scam requires to have been caused by one of three deceptive means: the use of a false name, a false capacity or cunning subterfuge. The latter requires explanation. Cunning artifice means that a person tells a lie and that lie is materialized in external acts. For example: using charity in door-to-door sales.
  • Special setup: it is required that the perpetrator acted with intent to appropriate property that normally belongs to another.
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What penalties do you risk?

The crime of fraud is punishable by imprisonment from one month to five years and a fine from 26 to 3,000 euros.

When the fraud was committed in respect of vulnerable persons ( pregnancy, age, illness,...) then a prison sentence of six months to five years can be imposed.

The amounts of this fine have yet to be multiplied by the opdeciems. Currently, the opdeciemen are equal to 8. (fine amount x8).

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