Article 30 — Fraud and Dishonesty
- A person commits fraud who, by deception, false pretence, or dishonest misrepresentation, obtains for that person or for another any property, advantage, or thing of value.
- In particular, fraud includes each of the following:
- Digital fraud, including phishing, social engineering, or any comparable technique directed at Kaharagian nationals or State digital systems.
- Fraudulent transactions in State-recognised digital assets within the meaning of Article 40 of the Civil Code.
- Embezzlement or misappropriation of property entrusted to the offender, whether in a public or private capacity.
- Identity fraud, being the use of another person’s identity, credentials, or personal data to obtain any advantage or to cause any loss.
- Fraud is classified as a serious offence.
- Fraud is classified as a grave offence where any of the following aggravating circumstances is present:
- The fraud is directed at a vulnerable person, including a minor, an incapacitated person, or a person subject to protective measures.
- The value obtained or sought exceeds $100,000.
- The offence is committed by a person acting in a position of trust, including a public officer, a guardian, or a professional adviser.
- The sanctions applicable to fraud are:
- A fine of $5,000 to $50,000 in accordance with Article 12, or a fine of $50,000 to $500,000 where the offence is classified as grave.
- Public censure.
- Forfeiture of the proceeds of the offence and of any instrumentalities used in its commission.
- Exclusion from State services for a period determined by the competent authority.
- A conviction under this Article constitutes a conviction for “dishonesty” within the meaning of Article 13(4)(d) of the Civil Code and bars the convicted person from appointment as guardian.
- The prescription period for offences under this Article is governed by Article 14.
How to cite
CRIMINAL art. 30 — Article 30 — Fraud and Dishonesty, Legal Codes of the Principality of Kaharagia.