Offence against property
Fraud defence lawyer
Arts. 248-251 Criminal Code
Fraud requires sufficient deceit that induces a mistake in another person and leads them to dispose of assets to their own detriment. That «sufficient» deceit is the element most contested at trial: not every breach of contract is fraud, and separating civil liability from criminal liability is often the crux of the case.
Computer-based fraud — where the result is obtained through the manipulation of a computer system, without directly deceiving a person — has its own regime and an increasing presence, particularly in payment-method fraud and online identity theft.
The line between a bad deal and criminal deceit decides whether the matter ends up in a civil court or leaves someone with a criminal record and a debt to chase.
Scope of work
- Defence of the suspect, including drawing the line against civil breach of contract
- Private prosecution and claims for the amount defrauded
- Defence in computer-based fraud and payment-method fraud cases
- Strategy in cases involving multiple victims
When to call
- You are being pursued over a transaction you consider a breach of contract, not deceit
- You have been the victim of a fraud and want to weigh criminal against civil proceedings
- You have been affected by computer-based fraud or identity theft
Frequently asked questions
Is every breach of contract fraud?
No. Fraud requires deceit that precedes or is contemporaneous with the transaction, specifically intended to bring about the transfer of assets; a simple later failure to perform what was agreed is, in principle, a civil matter. The line between the two is the issue most often litigated in these proceedings.
What is computer-based fraud?
It is obtaining an unconsented transfer of an asset through computer manipulation or a similar device, without any need for deceit directed at a specific person. It is the offence applicable, among other cases, to many card and online banking frauds.
Can I recover my money if there is a conviction?
A conviction can include civil liability arising from the offence, ordering the return of what was defrauded; a separate question is the convicted person's actual solvency to meet that amount.