What is fraud by deception?
Fraud by deception is a crime of all times. Furthermore, cases of fraud by deception often leave a profound impression on the victims. Therefore, as a victim, it is wise to consult a lawyer to find out what your rights are and how you can recover your money.
The fraudster constantly adapts to lure their victim into a trap. The method used by the fraudster changes, but fortunately the conditions for the offence always remain the same. The conditions for fraud by deception under article 496 of the Criminal Code (Strafwetboek) are briefly discussed below.
The intention to unlawfully appropriate another person’s property
With fraud by deception, the perpetrator has the same goal as with theft; to unlawfully appropriate another person’s property. However, the way in which this occurs differs. In a theft, the property is taken away from the owner against their will. In fraud by deception, on the other hand, the owner is convinced to hand over the property themselves.
Fraudulent means
The law lists a whole series of “fraudulent means” in article 496 of the Criminal Code. The use of a false name or capacity implies that a person – publicly or not – uses a false first name, surname, title of nobility, pseudonym or homonym. In addition, the use of “fraudulent devices” is also a possible fraudulent means. Fraudulent devices must always consist of a combination of lies and actions intended to make these lies credible.
The handover or delivery of the property
The fraud by deception is completed by the handover or delivery of the property. However, it is not a requirement that this handover concerns the property itself. The title by means of which the fraudster will be able to have the property handed over is also sufficient. The distinction with breach of trust can also be pointed out here. Whereas with fraud by deception there must be a handover or delivery of a property, with breach of trust this property has already been entrusted to the perpetrator but is not returned.
If the goods obtained by fraud by deception are subsequently returned, the fraud by deception is not nullified. The judge does take this into account for the sentencing.
Conclusion
Fraud by deception has many faces. The most classic method is where the fraudster convinces their victim face-to-face with fraudulent arguments to hand something over. Fraud by deception also has much more complex variants, such as boiler room fraud, where entire call centres are deployed to convince unsuspecting victims to invest money in attractive-looking investment opportunities.
Our firm has built up extensive experience in assisting victims of fraud by deception. Several banks also call upon us for both the prevention and combating of fraud and fraud by deception. Furthermore, we also have the necessary criminal law expertise to assist both victims and perpetrators before the criminal court.