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Defining and Registering Criminal Offences and Measures - Oapen

Defining and Registering Criminal Offences and Measures - Oapen

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Fraud 107<br />

Extract of the subsidiary questionnaire<br />

S.2 Fraud<br />

St<strong>and</strong>ard definition: Deceiving someone or taking advantage of someone’s<br />

error with the intent to unlawfully gain financial benefits, thereby causing the<br />

deceived person to enter any operation that will be damaging to his or a third<br />

person’s financial interests (including attempts).<br />

A. Distinction between fraud <strong>and</strong> other property offences<br />

There are several property offences, that, may be somehow related to fraud<br />

but that should be excluded from fraud data. Such offences include forgery of<br />

documents, tax offences, money laundering, breaching of<br />

trust/embezzlement, h<strong>and</strong>ling of stolen property, etc.<br />

Beyond the data you provide, you are kindly requested to answer also the following<br />

questions regarding the legal situation in your country.<br />

What are the essential elements of fraud in your country? Please mark them<br />

with an ‘X’ <strong>and</strong> give any additional observation.<br />

(1) Deception of victim by<br />

false representation<br />

(2) Transaction (i.e. transfer<br />

of property or money) by<br />

victim following deception<br />

(3) Damage to victim or a<br />

third party<br />

(4) Causal link between (1),<br />

(2) <strong>and</strong> (3)<br />

(5) Deception must not be<br />

trivial to discover<br />

(6) Consuming<br />

goods/services without<br />

intent to pay<br />

(7) Other (please specify)<br />

Not required<br />

in fraud<br />

Observations

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