Fraud litigation. False document

Commentary on the Supreme Court of 16 July 2013

Abstract

Before the 2010 reform, fraud trial was built on the basis of all the typical elements of the generic offense of fraud: deception, error, and such disposition that conveyed a transfer of assets (impoverishment of the victim and enrichment corresponding author) . Hence, the scheme could not be committed by the defendant because there was no such transfer of assets, but in any case the deprivation of a profit because it is different and insufficient to form the staple of the offense of fraud conceived as enrichment crime. In the procedural swindle, have increased the demands are only heaping typical when it comes to cause judicial error and injury arising from the judgment result of this deception: You do not need a positive act of disposal with transfer of assets, but simply a judgment which affects the interests of a party or a third party unlawfully. Invoices are commercial documents. Can not be accepted that the status of «official» derived from documents that were presented to a court record (official or incorporation by destination). That would render meaningless the crime of filing false judgment of private documents (Articles 395 and 396 CP). The nature of the tachograph charts for criminal purposes, private or official document-is debatable. But no doubt we would all market in the field of private forgery intended to harm. The manipulation of the labor process by providing false documents has caused the plaintiff's inability to obtain what he owed the appellant. That is compensable in the criminal process itself but it is a work originally credit has now transmuted partially overlapping nature thereto an injury resulting component crime which enables it to be exercised in criminal proceedings. The exclusion of non-procedural swindle drag exclusion of compensation established. There remains a conviction for forgery that contains financial and equity components in many cases. Hence, the law also accepted via link compensation liability to certain crimes involving dishonesty when knotted them economic harm. The economic translation reparation for moral damage is a task reserved to the discretion of the Court and is unassailable on appeal.