Fraud is a central component of commercial criminal law. To actually constitute fraud, however, various elements of the offense must be present.
Allegations of fraud arise quickly and are serious. Accused board members, managing directors, and other corporate executives should immediately consult lawyers competent in commercial criminal law when facing fraud allegations because, in addition to fines, they also face imprisonment of up to five years and, in particularly serious cases, up to ten years. Not everything that appears to be fraud actually fulfills the offense, says lawyer Michael Rainer, contact for commercial law and commercial criminal law at MTR Legal Rechtsanwälte.
Laypeople quickly speak of fraud, but the jurist only sees the offense of fraud when various conditions are met. This includes the perpetrator intentionally deceiving another person so that, due to their misconception, they make a disposition over their own or someone else’s assets, resulting in financial loss.
Deception is defined by the legislator in § 263 of the Penal Code (StGB) as the pretense of false or a distortion or suppression of true facts. An error due to deception occurs when the victim, due to the false claims, has a misconception that does not correspond to reality. This misconception must lead to a financial disposition by the victim. In commercial criminal law, these are often payments made by the company that the victim has prompted or the conclusion of contracts. Financial loss has finally occurred if the transaction has diminished the overall value of the victim’s assets. Furthermore, intent must always be present at the time of the act.
This shows that the offense of fraud is extremely complex and offers numerous approaches for an efficient defense by lawyers competent in commercial criminal law. In addition to criminal law, civil law aspects must also be considered because it is also important to avert possible compensation claims.
At MTR Legal Rechtsanwälte, competent lawyers advise on commercial criminal law.
