Fraud, within the meaning of the Criminal Code, consists in leading another person to an unfavorable disposition of property by:
- misleading this person
- exploiting an error
- exploiting the inability to properly comprehend the action taken.
The fraud was regulated in the penal code in art. 286. In the light of this provision, who, in order to obtain financial gain, through the action listed in point a-c, is cheating, subject to the penalty of the deprivation of liberty for a term of between 6 months and 8 years (basic fraud).
In the case of minor acts, art. 286 § 3 of the Penal Code. provides for a fine, restriction of liberty or imprisonment for up to 2 years.
It is noteworthy that if the crime of fraud was committed to the detriment of a loved one, prosecution occurs at the request of the injured party
[Legal status as at April 2020]