Scams and aviation: a costly affair
A young man from Mechelen had to answer to the Mechelen correctional court as part of a large-scale scam case.
That the man acted out of a far-reaching fascination with aviation is evidenced by the methods he consistently employed.
Through various fake Internet profiles, he approached numerous pilots and flight attendants.
DS, who posed as a woman, very deviously won the victims' trust, after which he extorted large sums of money under the so-called guise of a loan.
In order to gain the victims' trust, numerous cunning subterfuges were employed, including the use of voice modifiers and false identities.
DS captured as much as EUR 270,000.
The money was mainly spent on exclusive trips and expensive IT equipment.
Despite the considerable size of the amount misappropriated, virtually no recovery was possible.
The judicial inquiry
Moreover, the criminal investigation showed that the DS was not on trial.
Even during his conditional release, the young man reoffended to identical acts, this despite the cell phone and Internet ban imposed.
With the board of psychiatrist-experts ruling that there was possible insanity at the time of the acts, internment was requested on behalf of the prosecutor.
What is internment?
Internment is not a punishment, but a security measure.
Her goal, therefore, is twofold :
- Security of society
- Care provision to the interned person for the purpose of reintegration into society
Whereas sentences are always imposed for a well-defined duration, the same is not true of internment.
As a security measure, internment will always be imposed for an indefinite period.
Only after the completion of a minimum probation period of at least 3 years and a sufficient stabilization of the state of mind can a decision be made for final release.
Conditions of internment
Before one can proceed to internment, a number of conditions must be cumulatively met :
1. They must be facts that can be qualified as a crime or malpractice affecting or threatening the physical or psychological integrity of third parties
2. The offender offender at the time of the decision must be suffering from a mental disorder that destroys or seriously impairs his judgment or control over his actions
3. There is a risk that the offender, as a result of his mental disorder, possibly in conjunction with other risk factors, will reoffend
Internment is generally not possible for typical property crimes such as theft, swindling and abuse of trust, unless the court finds that, in view of the specific circumstances peculiar to the crime, there is indeed an impairment or threat to physical or psychological integrity.
This consideration also had to be made in the present case, which deals primarily with acts of fraud.
The court found that an assault on physical and psychological integrity did occur, referring to the specific modus operandi employed by DS.
In justification of this decision, the serious abuse that DS took advantage of the weak condition of his victims, the emotional and psychological pressure that he exerted on these individuals and the far-reaching extent to which it intruded into personal privacy was pointed out.
Effects of internment on the civilian party
Article 1386bis of the Civil Code provides that :
"Where damage is caused to another by a person suffering from a mental disorder which destroys or seriously impairs his judgment or control of his acts, the court may order him to pay all or part of the compensation he would have been liable to pay if he had control of his acts.
The court shall rule in equity, taking into account the circumstances and the condition of the parties."
When internment is ordered, the law provides for the court to moderate the compensation due according to fairness.
In the present case, the judge ruled that there was already no reason to do so, referring mainly to the nature of the acts, their enormous impact on the victims, as well as the persistence with which DS persisted in alleging criminal offenses.
Bannister Lawyers
Master GYSBRECHTS defended one of the victims in this case.
If you would like more information about this, please feel free to contact us at info@bannister.be or 03/369.28.00
Check out the links below to read more :
www.hln.be/in-de-buurt/mechelen/twintiger-uit-mechelen-licht-piloot-op-voor-100-000-euro
