There are many ways to take possession of alien property. In this article, we will tell you about such a widespread means, as fraud. Perhaps, each of us, just once in our life, has faced such an occurrence. But nonetheless, let us define the concept of fraud from a legal point of view. Article 190 of the Criminal Code of Ukraine classifies fraud as taking of alien property or gaining of a title of ownership fraudulently of by means of abuse of confidence.
As we can see, the law defines two ways to take possession of alien property: deception and abuse of confidence; as well as the fact that not only property, but also a title of property may become an object of fraud. This means wrongfully getting warranty deeds, for example, deeds of gift, receipts. The principal feature of fraud is in that at time of illegal actions being performed, a victim of fraud is certain about lawfulness of what is going on and voluntarily gives away their property. However, this voluntariness is a result of deception or abuse of confidence.
Fraud by deception is delivery of deliberately untrue information or suppression of important facts, with the view of taking possession of alien property. Deception may be exercised in various forms, including orally, in writing, by forging documents, communication in electronic format etc. At the same time, abuse of confidence is creation and utilization by a perpetrator, of fiduciary, friendly or blood relations with a victim, for the purpose of using such relations to take possession of the victim’s property.
There is a qualification of signs of fraud entailing the most severe punishment, for example:
- fraud committed repeatedly;
- fraud committed in previous collusion with a group of persons;
- committing fraudulent acts causing a significant loss (100 – 250 tax-free minima), loss in large amounts (250 – 600 tax-free minima), loss in large amounts (over 600 tax-free minima);
- and fraud committed by means of illegal operations using computers.
Punitive measures for fraud in Ukraine may differ: from a penalty equal to 30 tax-free minima to 10 – 12 years of imprisonment with confiscation of property. A separate punishment is provided for specific types of fraud as well: fraud with financial resources, gaining possession of seals, stamps, documents etc. Besides, for minor fraud, provision is made for administrative responsibility with payment of a penalty in the amount of 10 tax-free minima, or administrative arrest for the period of up to 10 days. In order to find out more or receive legal aid, apply to attorneys of Invicta Attorneys at Law!