Legal article Monetary Crimes

by Ahmed Ragab

Regarding our experience with penal law, it is evident that there is some confusion about the appropriate legal response to incidents involving the assault on others’ property, such as fraud, theft, and breach of trust. While these crimes share a common element of property assault and seizure of others’ money, each has a distinct definition and unique elements that set them apart. Additionally, the terms used to describe the perpetrators differ: a person who commits theft is called a “thief,” while someone who commits fraud is referred to as a “fraudster,” and so forth.

From this perspective, we will outline the definitions and elements of each crime involving the assault on others’ property, and then compare the differences between them.

 

Regarding our experience with penal law, it is evident that there is some confusion about the appropriate legal response to incidents involving the assault on others’ property, such as fraud, theft, and breach of trust. While these crimes share a common element of property assault and seizure of others’ money, each has a distinct definition and unique elements that set them apart. Additionally, the terms used to describe the perpetrators differ: a person who commits theft is called a “thief,” while someone who commits fraud is referred to as a “fraudster,” and so forth.

From this perspective, we will outline the definitions and elements of each crime involving the assault on others’ property, and then compare the differences between them.

 

Part One (The Crime of Fraud)

Part One (The Crime of Fraud)

To start with, the legislator did not provide a definition for the crime of fraud, leaving it to legal jurists to establish one. They have defined fraud as the seizure of movable property owned by others through deceptive means specified in the law, with the intent to appropriate it.

 

Additionally, fraud is a crime characterized by multiple actions, as the offender engages in both physical and psychological behaviors. The offender uses deceptive methods to influence the victim’s will. Once deceived, the victim hands over their money, which the offender then takes possession of through a subsequent physical act, establishing a connection between themselves and the victim’s property.

 

Lastly, in the crime of fraud, the offender uses deceitful means to convince the victim of a false project or the prospect of profit. This deception influences the victim’s will, leading them to hand over movable property they own to the offender.

To start with, the legislator did not provide a definition for the crime of fraud, leaving it to legal jurists to establish one. They have defined fraud as the seizure of movable property owned by others through deceptive means specified in the law, with the intent to appropriate it.

 

Additionally, fraud is a crime characterized by multiple actions, as the offender engages in both physical and psychological behaviors. The offender uses deceptive methods to influence the victim’s will. Once deceived, the victim hands over their money, which the offender then takes possession of through a subsequent physical act, establishing a connection between themselves and the victim’s property.

 

Lastly, in the crime of fraud, the offender uses deceitful means to convince the victim of a false project or the prospect of profit. This deception influences the victim’s will, leading them to hand over movable property they own to the offender.

Elements of the crime of fraud: -

Elements of the crime of fraud: -

The material element represented in: –

 

  • The use of fraudulent methods (fraud): Regardless of the terminology used to describe the criminal behavior in fraud, whether it is called “fraud” or “deception” by jurists, it involves a lie supported by external manifestations centered on a specific incident. The goal is to persuade the victim to hand over their money to the offender. Therefore, the essence of fraud is the lie combined with the material element of the crime.
  • To establish the material element of the crime of fraud, the seizure of another’s money must be unlawful. If the seizure occurs legally, through a right, a judgment, or an execution document, it does not constitute a crime. Therefore, if the use of fraudulent methods induces the victim to hand over their money to the offender, the material element of the crime of fraud (causal link) is present.

 

 

The moral element (criminal intent) represented in: –

Criminal intent generally consists of both will and knowledge. The criminal act must be carried out with intent, and this intent must be directed toward achieving a specific result, namely the seizure of the victim’s money and its transfer to the offender’s possession. For the offender’s will to cause this result, they must be aware of their actions. In the case of fraud, criminal intent means that the offender intends to unlawfully appropriate all or part of another’s wealth.

 

 

The Pillar of Damages:

 

In the crime of fraud involving fraudulent methods, there must be actual or potential harm to the victim, such as the unlawful seizure of their movable property.

 

The crime of fraud in accordance with UAE law: –

Article (451-452) of the UAE Penal Code included the provision of the crime of fraud and its penalty, which states:

A penalty of incarceration or a fine shall be imposed on anyone who, by using fraudulent practice, assuming a false name or capacity, takes possession for himself or for others of any movable property or written instrument, or obtains any signature on such instrument, the cancellation or destruction thereof or an amendment thereto, whenever it is intended to deceive the victim and bring him to hand over such things. the same penalty shall be imposed on anyone who disposes of a building or a movable property while being fully aware that it is not his own or that he has no right to dispose thereof; or who disposes of such things while being fully aware that he has previously disposed thereof or concluded any agreement thereon, whenever such an act causes harm to others “

 

This concludes the first part of our articles on crimes against property. In our next meeting, we will discuss the concept, elements, and nature of the crime of theft.

The material element represented in: –

1. The use of fraudulent methods (fraud): Regardless of the terminology used to describe the criminal behavior in fraud, whether it is called “fraud” or “deception” by jurists, it involves a lie supported by external manifestations centered on a specific incident. The goal is to persuade the victim to hand over their money to the offender. Therefore, the essence of fraud is the lie combined with the material element of the crime.

2.To establish the material element of the crime of fraud, the seizure of another’s money must be unlawful. If the seizure occurs legally, through a right, a judgment, or an execution document, it does not constitute a crime. Therefore, if the use of fraudulent methods induces the victim to hand over their money to the offender, the material element of the crime of fraud (causal link) is present.

The moral element (criminal intent) represented in: –

Criminal intent generally consists of both will and knowledge. The criminal act must be carried out with intent, and this intent must be directed toward achieving a specific result, namely the seizure of the victim’s money and its transfer to the offender’s possession. For the offender’s will to cause this result, they must be aware of their actions. In the case of fraud, criminal intent means that the offender intends to unlawfully appropriate all or part of another’s wealth.

The Pillar of Damages:

In the crime of fraud involving fraudulent methods, there must be actual or potential harm to the victim, such as the unlawful seizure of their movable property.

The crime of fraud in accordance with UAE law: –

Article (451-452) of the UAE Penal Code included the provision of the crime of fraud and its penalty, which states:

A penalty of incarceration or a fine shall be imposed on anyone who, by using fraudulent practice, assuming a false name or capacity, takes possession for himself or for others of any movable property or written instrument, or obtains any signature on such instrument, the cancellation or destruction thereof or an amendment thereto, whenever it is intended to deceive the victim and bring him to hand over such things. the same penalty shall be imposed on anyone who disposes of a building or a movable property while being fully aware that it is not his own or that he has no right to dispose thereof; or who disposes of such things while being fully aware that he has previously disposed thereof or concluded any agreement thereon, whenever such an act causes harm to others “

This concludes the first part of our articles on crimes against property. In our next meeting, we will discuss the concept, elements, and nature of the crime of theft.

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