Deceptive Fraud from the Perspective of Criminal Law

Abstract

Crimes of fraudulent deception are considered forms of crimes against property, representing an organized offense within ancient, complex, and simultaneously evolving criminal activities. They are among the most significant traditional crimes due to the behavioral elements and foundations they rely upon. These crimes convey personal traits associated with criminal conduct. Fraudulent deception is a distinctive and focused crime that utilizes sophisticated methods in creative mental processes. It involves deceptive techniques and an evolving mastery of fraudulent persuasion, integrating criminal intent with the ability to gain the victim's trust through several factors, including human interactions and advanced capabilities possessed by the perpetrators to bypass laws or regulations through their daily behavior. The ultimate goal is misappropriation through deceit and cheating. This study sheds light on one form of offenses against individuals' assets, namely the crime of fraudulent deception, covering the following aspects: The definition of fraud from the perspectives of jurisprudence and judiciary. Explanation of the characteristics of fraudulent deception as a financial crime with an intellectual nature. This crime involves distorting the truth and is deliberate in nature. The victim's will plays a fundamental role, and distinctions are made between fraudulent deception and forgery, as well as between fraudulent deception and associated crimes. The study delves into the components of the crime of fraudulent deception, encompassing the material component by reviewing the methods used in deception, including adopting fake identities. It becomes evident that lying is at the core of fraudulent deception, yet it requires external supportive appearances to function effectively. Furthermore, the study elucidates the relationship between the criminal act of fraud and its result. To establish this relationship, it is essential for the victim to make an erroneous decision due to the deception inflicted upon them. The loss suffered by the deceived individual should be the result of the deception, and the delivery of money to the swindler must occur after the occurrence of the fraudulent deception. The study also explores the second component of the crime of fraudulent deception, which is the moral aspect. In addition to the general intent, which includes knowledge of the deception and the intent to commit it, there must be a specific intent, namely directing the perpetrator's goal towards acquiring the item received from the victim. When both the general and specific intents are present, justifying fraudulent deception is impossible, even if the motive behind the act is noble.