When does it constitute fraud in a criminal law sense?
June 8, 2024 | 50,00 EUR | answered by Uwe Riedmüller
Dear lawyer,
I am reaching out to you with a question regarding fraud in the criminal sense. My name is Emil Vöss and I am concerned about a recent situation that has occurred. I received an offer from a business partner that seemed too good to be true. After agreeing to accept the offer and transferring a substantial amount of money, it turned out to be a fraud.
I am unsure if my case can be considered as fraud in the criminal sense. I have researched and found that fraud under § 263 of the German Criminal Code occurs when someone, with the intention of obtaining an unlawful financial advantage for themselves or a third party, causes the victim to suffer a financial loss through deception. In my case, I was induced to transfer money through false information and promises, which I have now lost.
My concern is that as a victim, I may also face criminal consequences. I am wondering if I should take legal action and how best to defend myself. I would like to know when exactly an act qualifies as fraud in the criminal sense and what possible solutions exist for my dilemma.
Thank you in advance for your support and advice.
Sincerely,
Emil Vöss
Dear Mr. Vöss,
Thank you for your inquiry regarding the topic of fraud in the criminal sense. I am sorry to hear that you have become a victim of fraud and are in a difficult situation. I would like to answer your questions as thoroughly as possible.
According to § 263 of the German Criminal Code (StGB), fraud occurs when someone, with the intention of obtaining an unlawful economic advantage for themselves or a third party, deceives the victim into suffering an economic disadvantage. In your case, this offense seems to be fulfilled, as you were induced to transfer money through false information and promises, which you have now lost. It is important to emphasize that as a victim in a fraud case, you usually do not have to fear any criminal consequences. The criminal responsibility lies with the perpetrator who deceived you.
If you are unsure whether you should take legal action, I recommend seeking advice from a lawyer to discuss your options. A lawyer can help you defend your rights and, if necessary, assert claims for damages. It is important that you gather all relevant information and evidence related to the fraud case to strengthen your legal claims.
Regarding the question of when an act qualifies as fraud in the criminal sense, it is crucial that the deception and economic damage are provable. It must be proven that the perpetrator intentionally provided false information to prompt you to take action that results in an economic disadvantage for you.
There are various ways in which you can defend yourself in your dilemma. In addition to legal assistance from a lawyer, you can also file a criminal complaint with the police to officially document the fraud case. Furthermore, you should inform your bank and take measures to prevent further financial losses.
I hope that my explanations can help you and support you in this difficult situation. Please do not hesitate to contact me again if you have any further questions.
Best regards,
Uwe Riedmüller
