Fraud

Fraud refers to cases where the perpetrator deliberately misrepresents facts to the victim. This misrepresentation must result in a mistake being made by the deceived person, in turn prompting the latter to dispose of an asset (an act, connivance or a failure to act; e.g. the victim surrenders an object; the victim provides a service). This disposal of an asset on the part of the deceived person causes the deceived person or a third party to suffer material damage, while simultaneously resulting in unjust enrichment on the part of the perpetrator or another person.
The criminal intent of the perpetrator must present all of the characteristics described above (the constituent elements of a criminal act). Furthermore, the criminal intent of the perpetrator must have been to unjustly enrich himself or another person through the conduct of the deceived person.
The fraud is complete if material damage occurs to the deceived person or a third party.

Penalty framework

For the criminal offence of ‘fraud’, provision is made for a custodial sentence of up to 6 months or a fine of up to 360 daily rates.

In the case of damages exceeding 5,000 Euro, provision is made for a custodial sentence of up to 3 years (serious fraud). This enhanced penalty also applies when specific means of deception are used (e.g., fraud involving documents, doping fraud) or in cases of official fraud (fraud committed by impersonating a public official).

In the case of damages exceeding 300,000 Euro, provision is made for a custodial sentence of 1 to 10 years.

Legal basis

• sections 146, 147 of the Strafgesetzbuch (StGB)