“Shall be punishable by confinement or by a fine any individual who, by using fraudulent practice, assuming a false name or quality, takes possession for himself or for the others of any movable property or written instrument, or obtains any signature upon such instrument, its cancellation, destruction or amendment, whenever it is intended to deceive the victim and bring him The Myst to surrender a legal right. Shall also be liable to the same punishment he who alienates an estate or a movable property while being fully aware that it is not his own or that he has no right to dispose thereof; or he who knowing by alienates any of the above mentioned after having previously disposed thereof or having concluded any agreement thereon, whenever such an act operates to the injury of others.
If the object of crime is a property or an instrument pertaining to the State or to any of the authorities mentioned in Article (5) above, this shall be considered a circumstance of aggravation.
Attempt shall be punished with confinement for a period not exceeding two years of with a fine not exceeding twenty thousand Dirhams. And where a recidivist is convicted and sentenced to confinement for a period of one year or more, the Judge may order that he be put under police surveillance for a period neither to exceed two years nor to exceed the duration of the inflicted penalty’.
The crime of fraud is considered a serious fraud if committed against government property or object of value. This may result in a serious punishment such as imprisonment.
If a person was convicted of fraud who has served his sentence commits a crime again, he or she can be put under investigation and surveillance for up to 2 years or up to the term of his previous imprisonment
The maximum imprisonment for attempted fraud if 2 years.
Difference between lying and Fraud:
Merely lying does not account for fraud. The element of support has to be present. Therefore, ordinary lies are not considered fraud as the law does not punish for mere lies.
Difference between Fraud and Theft:
The willingness to surrender is what differentiates Fraud from theft. In fraud the victim willingly surrenders the object of value. In theft, the victim is not willing to hand over his object of value and it must be forcefully taken from him.
Difference between Fraud and Breach of Trust:
In fraud, the intent to de-fraud, and bad faith have to be present from onset. Whereas in Breach of Trust, the intent changes during the process. The presence of bad faith and intent from onset can be proven by evidentiary support.
Elements of Fraud:
In order to successfully prove Fraud, two elements have to be present: Material, the method and object of value or a third party; and the Intent to deceive.
The material can be any deceiving means, false identity or character, or taking an action on property not owned by the deceiver.
Deceptive methods fulfilling the requirement for comprising a fraud are general documents, written or verbal expressions, circumstances or appearance, or using other persons in order to deceive the victim, and the victim relies on such supported documents or persons or verbal expressions to handover an object of value. Lying, unsupported by any such acts do not constitute fraud.