The keys to understanding the scam have their beginning in the crime expressed in the Penal Code. According to the code, it is established when the perpetrator deceives the victim to keep their money. Fraud is included in the Penal Code as a crime against property. It is expressed in its Articles 248 and following.
They expressly dictate the conditions to establish criminal punishment for the perpetrator of the crime of fraud. This is because certain aspects must be met for it to be considered as such.. These elements are found in the planned Penal Code, so that it sets out what is necessary for it to proceed.
Keys to understanding the scam: Articles that regulate it
The article within the Penal Code that regulates these illicit activities is the 248.1, which understands it. It is consumed when the scam is carried out for the purpose of profit, through deception to harm another. So he induces him under disposition to commit a wrong act.
For it to be considered a crime of fraud, not only is deception witnessed, it must occur in large quantities. So that present in large quantities, a considerable danger to the victim's property must be present. Basically, crime is taken into account when the risk is relevant.
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Examples of fraud crime
Examples of these can be presented, one of the most frequent is through inactivity. In this situation, the Supreme Court issues a sentence in which the perpetrator of the crime of fraud is convicted. This occurs when the author continues to receive retirement assets and does not report the death of his parents.
In this sense, the case is presented for error in omission, a product of the defendant's negativity of not exposing. You must present the death of your parents; failure to do so is considered a crime of large-scale fraud. Since, it harms social security in a displacement of the assets mentioned above.
The aggravated scam
The aggravated nature is established when it occurs when the fraud occurs for several years. Also in the case where the crime reaches amounts established by law that amount to 51,569 euros.
Fraud as part of the keys in the Crime of fraud
One of the aspects to consider in the crime of fraud is what is known in the legal field as fraud. It is the intention to commit a crime, even when it is known that it is illegal. Within this context, 3 types of fraud can be seen:
- Direct fraud.
The direct one occurs when the perpetrator carries out criminal acts in order to execute plans contrary to the law. On the other hand, the indirect is taken into account when the author does not intend to carry out any illegal act. Regarding the eventuality, the person who commits the criminal act without intention is particularly evaluated.
It refers to not causing a negative result at the expense of possible consequences. However, knowing the possible results, he decides to continue with the illicit activities. In this way, the Supreme Court understands that the crime of fraud has been presented under these terms.
According to what the law stipulates, regardless of the context, the relevant bodies will carry out the sentence based on these acts. The Supreme Court is responsible for corroborating that the fraud is sufficiently aggravating. In this way, a sentence can be executed against the accused, based on this basis.
Example of fraud
An example of fraud can be seen when a seller does not have a license to sell homes. This case is very common, since it is carried out in the sale of homes or properties without any permission.. In this aspect, it can be determined that it is a crime of deception, since it does not have a license to do so.
The crime of fraud in this particular case is proven when the home buyers declare. Since, they, having prior knowledge that the seller did not have a license, would not make the purchase. Therefore, it is stipulated that buyers have been deceived by possible fraud.
The possible fraud is carried out in this case because the author may be aware of the license to be obtained. However, even knowing the possible consequences, he decides to continue with the illegal acts for lucrative reasons.
Can a crime of fraud be caused by recklessness?
The law establishes that there can be no crime of fraud due to recklessness, it cannot be perpetrated without awareness of the acts. As mentioned previously, for it to be taken as such, fraud must exist. Without its involvement, it cannot be taken into account or proceeded as an illegal act.
Another key in the crime of fraud is the profit motive, since there must be an interest in obtaining something. Always taking into account the intention to harm another so that the author can benefit. In this aspect, the acts can also benefit a third person.
A great variety is observed for scam cases, this is because, currently, there are many tools. Which are used by the authors in order to guarantee success in the actions. They also work to take advantage of victims so that they can be easily deceived.
With technology, so-called offers can be established, which are non-existent in the field. In which people fall into the scam network, to be deceived and harmed. The cases mentioned below are also appreciated as part of the keys to understanding the scam:
- Vocational scam.
- Commercial scam.
- computer scam
They are the most common assumptions that we can find today, however, there are more types, which depend solely on the technological field to be able to be executed. They are seen in the Bitcoin scam and scams programmed on the networks through false advertisements and gifts.