Fraud Crime, Comparative Study

Discussion Committee: 
Dr. Nael Taha
Mohammed Hisham Saleh A. Fattah
This study talks about one of Money Crime, which is Fraud, in the light of Punitive Law and some of Penaltive Laws, where it is contained in three chapters. The first chapter talked about the definition through identifying Fraud by Law and Prudence, and explained the aspects of Fraud Crime, as it is a money crime, with a mental nature, based upon changing reality, as it is also intentional, with a basic role for the victims will. The study looked into the common rules between Fraud, Burglary, and Mistrust, pointing also the differences between Criminal Fraud, Civil Fraud and forgery. The second chapter was allocated to talk about the elements of the Fraud Crime; it looked into the material element, and pointed out the criminal act in Fraud, through demonstrating fraud means and methods. Using false names, or false status, or using money or real estate illegally, and found that lie is the Core of Fraud, but alone it doesn’t stand, as it should be supported by external demonstrations, as being supported by a third party confirming the criminals false allegation, misuse of status, or through pretending in order to support the criminals false allegations. After explaining the methods, the purpose of these methods was presented as defined by some legislations, as it is the illusion of the presence of a false project, and the illusion of the presence of a false act, intended for raising hope in making an un-realistic profit, and also creating hope in paying back the amount seized by fraud, beside the illusion of the existence of a false or forged receipt of debt or clearance. I also explained the second method of fraud which is using false status or name, as it is a method that stands alone. Without any external appearances, I also explained the third method of fraud which is using money or real estate illegally, where it is stipulated that the money is not owned by the criminal and has no right in using it. The second element in the materialistic aspect of Fraud Crime is the criminal result in handing over the money to the criminal, where the ill-will of the victim is towards delivering the money. The cause-effect relation was also explained between the criminal act and the result, and to get this done, fraud and money delivery, fraud act has to get the victim fall in the problem, and the problem which the victim fells in, is the cause behind delivering money to the criminal, so fraud is a prerequisite for money delivery. I reached the result that if delivery did not happen, and the result not materialized, even so, criminal is not exempted from punishment, as he is considered an initiator of the crime, if he started committing one of fraud means, and delivery did not take place for a reason beyond his capacity. I clarified also the second element of fraud crime, which is the moral element, as it is in addition to the general intention of knowing about fraud, and the presence of the will to commit it, a special intention should be available as the criminals tendency for possessing the item he received from the victim, and when criminal intention is present in its aspects, the private and the public, the motive is no longer influential, as it is not any more considered a crime element, with no matter how noble the motive is behind fraud, it should not be happening. In the 3rd. chapter I looked into fraud sentence, and explained the sentence for the complete crime, and found that fraud sentence is maximized in the following circumstances; to insure a public position, upon the issue of shares and bonds, damaging the states or any public institutions interests or fraud committed by a signature authorized person. Also pointed out that in some legislations, there are conditions that minimize fraud sentence, and even conditions that exempt from the sentence, if the crime took place between very close relative, except if it was upon the victims request, while minimizing sentence could get to the half as it is in the Jordanian Law, if resulted damage or benefit intended is trivial, or damage was totally removed before the case could reach the court, and found also that most legislations did not establish sentences beyond fraud crime stipulated sentence. Also looked into the sentence for initiating fraud crime as stipulated in law, and the caliber of the sentence.
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