Fraud is one of the most controversial types of crimes in
our country. It is believed that fraud is difficult to
prove, however, that article 159 of the criminal code (and
other compounds associated with this article) often get in
jail innocent people.
This paradox is explained simply. Criminal cases of fraud,
sometimes very difficult to investigate and require close
scrutiny. To set the line where between the subjects
developed civil-legal relations, and criminal liability is
very difficult. Unfortunately, often the investigator is
guided by its own inner conviction and, if he wants to send
a citizen to jail Ц he is sure to do.
Fraud is punishable by Law, very hard, you can end up in
places of deprivation of liberty for up to 10 years, while
for murder are sometimes given six.
On the subject of fraud, or lack of it, constantly unfolding
a fierce debate. Even an experienced judge, sometimes it was
difficult to define what kind of relationship exists between
the victim and the accused, whether the intent of committing
a crime or is it civil-law relations. The main factor around
which ignite discussion, is cheating. The deception of the
banking institution, associate in business, deception,
public institutions or individuals.
But what is most surprising, the wording of the deception in
civil and criminal case are almost similar. So in the civil
law of deception qualifies as intentional misrepresentation
through false information, documents, or misrepresentations
of his partner. Deception in criminal law is also classified
as an intentional misrepresentation, misrepresentation or
concealment of information, which resulted in the crime.
Filing a lawsuit in civil court are often not very
profitable, expensive, and sometimes difficult to prove his
innocence. It is easier to convince the investigator to open
a criminal case and if it turned out, the preliminary
investigation will do everything possible to suspect for a
long time was in prison.
In this position, to prevent undesirable developments can
only be a qualified lawyer. In the case of fraud, legal aid
can be really the saving grace, which will help to avoid
undeserved punishment, or to minimize the amount of fine and
Only competent counsel can determine:
1. Whether committed fraud by deception or abuse of trust or
is a civil legal relations. To properly build a defense.
2. To define and to prove in court the lack of intent in
committing a crime.
3. To prove that the authority of the preliminary
investigation, the allegation is made solely on the basis of
4. In the presence of a crime to convince the court to
retrain article on softer or minimize the amount of damage.
5. To prove the lack of selfish goals.
In addition, the defender will call witnesses to the court,
will declare the petition for carrying out examination, will
attract professionals in different fields to prove the
legality of the actions of the accused.
This is only a small part of the assistance, which could
have a lawyer, because each criminal case, particularly the
fraud is purely individual.
Self-protection or lack thereof in cases of fraud in the
overwhelming majority of cases leads to imprisonment, this
is especially true for individuals who are in custody.
Therefore, the role of the lawyer in this type of crime
cannot be overemphasized, only a professional can
successfully protect and win the case.