Índice
The keys to understanding the fraud have their beginning in the express crime in the Penal Code. The same, according to the code, is established when the perpetrator deceives the victim to keep his money. Fraud is subject to the Penal Code as a crime against property. It is expressed in its Articles 248 and following.
They expressly dictate the conditions to establish the criminal punishment for the executor of the crime. 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 Criminal Code, so that it exposes 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 illegal activities is the 248.1, which includes it. It is consumed when the scam is carried out in order to profit, through deception to harm another. So it induces him under disposition to commit a wrong act.
In order for it to be considered a crime of fraud, not only is deception witnessed, it must occur in large numbers. So that present in large quantity, a considerable danger to the victim's property must be present. Basically, the crime is taken into account when the risk is relevant.
Are you looking for a lawyer specialized in Criminal Law?
we help you find a criminal lawyer.
We have a wide network of collaborating lawyers in all Spain.
Examples of fraud
Examples of these can be presented, one of the most frequent is through inactivity. In this situation, the supreme court dictates a sentence in which the perpetrator of the crime of fraud is condemned. It 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, product of the defendant's refusal to expose. You must present the death of your parents, by not doing so, it is considered a crime of fraud in large numbers. Since, it harms social security in a displacement of the heritage mentioned above.
The aggravated scam
The aggravated character 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.
The 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 intent to commit a crime, even when it is known to be illegal. Within this context, 3 types of fraud can be appreciated:
- Direct fraud.
- Indirect.
- Eventual.
The direct, occurs when the perpetrator performs 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 eventual, 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 illegal 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 pertinent bodies will carry out the sentence based on these acts. The Supreme Court is in charge of corroborating that the fraud is sufficiently aggravating. In this way, a sentence can be executed against the defendant, starting from said base.
example of fraud
An example of fraud can be seen when a seller does not have a license to make home sales. This case is very common, since it is carried out in the sale of homes or real estate without any permission.. In this regard, it can be determined that it is a crime of deception, since it does not have a license for it.
The crime of fraud in this particular case, is verified when the buyers of the house declare. Since they, having prior knowledge that the seller did not have a license, would not make the purchase. Therefore, it is stipulated that the buyers have been deceived by eventual scam.
The eventual scam 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 with motives of lucrative benefits.
Can a crime of fraud be provoked recklessly?
The law establishes that there can be no crime of fraud due to imprudence, it cannot be perpetrated without awareness of the acts. As previously mentioned, in order for it to be taken as such, the deceit must exist. Without its involvement, it cannot be taken into account or proceed as an illegal act.
Another of the keys 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.
Scam Allegations
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 tricked.
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 are also appreciated as part of the keys to understanding the scam that are mentioned below:
- 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 programmed scams in the networks through false announcements and giveaways.
