Accusation of Fraud
How to Properly Handle Fraud Allegations?
Have you received a criminal complaint or a police summons for fraud under § 263 StGB and are unsure how to proceed?
First of all, stay calm, do not make any statements to the police, and remain silent – this is your right as a suspect in a criminal investigation for fraud.
Fraud – When Is the Offense Under § 263 StGB Fulfilled?
Fraud under § 263 (1) StGB occurs when the perpetrator’s deception leads to the victim’s misunderstanding, which then causes a financial disposition, ultimately resulting in financial loss. Subjectively, the perpetrator must have acted with intent and with the purpose of unlawfully enriching themselves or a third party.
Special Cases & Specific Offenses of Fraud
Fraud under § 263 StGB often appears in the following special cases:
Contractual Fraud: This occurs when a debtor deceives their creditor about their intention or ability to pay for purchased goods at the time of purchase, although they were neither willing nor able to pay. This type of fraud is increasingly seen in purchases via eBay classifieds, online retailers, or ordering food.
Employment Fraud: In employment fraud, the perpetrator obtains a position in the public sector through false statements. Often, the perpetrator lies about qualifications, degrees, or personal circumstances.
Welfare Fraud (commonly known as “Hartz-IV Fraud”): Fraudulent activity in the form of welfare fraud can occur when relevant information is withheld from social services (such as Jobcenters or BAföG offices), resulting in the wrongful receipt of benefits such as unemployment benefits, citizens’ benefits, or housing subsidies.
Insurance Fraud: A person commits insurance fraud by making a false claim for an insurance benefit. This might occur when an item is reported as stolen while still in the possession of the insured or when the insured deliberately causes a collision to claim insurance.
Additionally, the following specific offenses of fraud exist:
Computer Fraud under § 263a StGB, Subsidy Fraud under § 264 StGB, Capital Investment Fraud under § 264a StGB, Insurance Misuse under § 265 StGB, Credit Fraud under § 265b StGB, Evasion of Services under § 265a StGB, and Sports Betting Fraud under § 265c StGB.
What Punishment Can I Expect if Convicted?
The penalty for fraud ranges from a fine to up to five years in prison. In particularly serious cases of fraud under § 263 (3) StGB, the possible penalty can be between six months and ten years in prison.
The severity of the penalty in each case largely depends on the amount of financial loss incurred and any prior relevant convictions of the perpetrator.
In addition, a criminal record entry is at stake. Generally, a conviction resulting in a fine of up to 90 daily rates does not have to be listed, provided it is a first-time conviction. As many employers require a criminal record, the defense must consider this aspect and aim to prevent an entry in the criminal record.
Legal Advice – When Do I Need a Criminal Lawyer?
To minimize the penalty or even avoid a conviction, the assistance of a specialist is essential if you are accused in a criminal fraud case.
The offense of fraud is highly complex, offering numerous opportunities for successful defense due to the potential for even experienced lawyers to make mistakes in this area.
You should contact a criminal law specialist as soon as you receive a summons as a suspect. This lawyer can advise you on possible defense strategies and, ideally, secure the termination of the proceedings, so you do not have to face a court trial.
The law firm Mügge, Dr. Pitschel & Partner has years of experience advising and defending clients in numerous fraud cases. We would be happy to assess whether it is possible to have your case dismissed through targeted legal advice and criminal defense.
Fraud in Business and Corporate Criminal Law
If you are an entrepreneur or a company director accused of committing fraud, you should be particularly sensitive to this suspicion and the possibility of an investigation.
Allegations often arise when entrepreneurs are suspected of having obtained public funds (subsidies), tax reliefs, or loans by providing false or incomplete information or using the obtained funds for other purposes.
If you have any further questions or are accused in a criminal case, please feel free to contact us.
