Should be punished for fraud

Fraud § 263 StGB | Criminal proceedings | Charge | defense

Criminal proceedings for fraud (§ 263 StGB) are diverse: ebay. Fraud, online fraud, internet fraud, computer fraud ... - there are many case constellations. Anyone who is exposed to criminal proceedings should definitely inspect their files through a lawyer. The lawyer can quickly and confidently analyze the evidence. Then the right defense strategy can be worked out. This article clarifies which types of fraud there are, how they are punished and how high the legal fees are.

1. When exactly is fraud (§ 263 StGB) present?

2. ebay fraud, internet fraud, online fraud… .Case groups

3. What is the penalty for fraud?

4. What is the best defense against allegations of fraud?

5. What does the lawyer cost?

1. When exactly is fraud (§ 263 StGB) present?

Fraud (Section 263 of the Criminal Code) requires the deceived person to dispose of property (e.g. pay money due to deception) and suffer damage as a result. The perpetrator must aim for the pecuniary advantage. At first glance, this sounds very simple, but it always causes considerable problems when it comes to the details.

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2. ebay fraud, internet fraud, online fraud ... case groups

The following are the most important / common case groups and what to watch out for:

ebay scam

ebay fraud refers in particular to sales on ebay in which the goods are not delivered despite payment. This is a fairly common case. If the offense is committed repeatedly, there is usually commercial fraud and thus theft in a particularly serious case. Then a higher penalty threatens, see section 3.

Internet fraud

Internet fraud is commonly referred to as fraud using the possibilities of the Internet.

Online fraud

Like “internet fraud”, this is not a legally limited case of fraud. It's just another term for internet fraud.

commercial fraud

This is probably the most common case of fraud in a particularly serious case. It exists when the offender commits the offense in order to obtain a continuous source of income from repeated offenses. It is a common occurrence in repeated ebay scams.

gang fraud

It exists when the perpetrator committed the fraud as a member of a gang. The gang must have banded together to continue the crime. It is a particularly serious case of fraud.

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3. What is the penalty for fraud?

3.1. Normal penalties

The penalty framework provides:

Fine or imprisonment up to 5 years.

For first-time offenders, the procedure can be discontinued in the event of minor damage. Otherwise there is a small fine. The fines are then increased for repeat offenders.

After that - or in the case of more serious fraud - imprisonment comes, initially for sentences of up to 2 years with probation, otherwise without probation, i.e. imprisonment.

3.2. Tighter penalties

A stricter penalty framework applies to fraud in particularly serious cases, with the threat of punishment: at least 6 months imprisonment up to 10 years.

These are the most common commercial frauds. These are classic repetitive eBay scams. Many acts are often committed here. In these cases, prison sentences are usually imposed. The main objective of the defense in these cases is to ensure that the prison sentence is suspended.

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4. What is the best defense against allegations of fraud?

In the beginning, a lawyer has to inspect the files. Then a lawyer who is well versed in criminal law can quickly assess whether hiring is possible or whether an indictment can be expected.

Should recruitment be possible, the attorney should provide law enforcement with the right arguments for the recruitment to take place.

If an indictment has been brought, it must be analyzed whether an acquittal is possible or what punishment is imminent. Depending on the scope of the allegation, the right strategy must then be developed.

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5. What does the lawyer cost?

Based on the average case, you can calculate the following costs:

Advice: 50 - 75 €.

Representation without a court appointment: approx. 300.00 - 600.00 €

Representation with a court appointment: approx. 850 €.

If necessary, travel costs and copy costs may be added.

There is no legal aid in criminal law.

There is only one public defender. This can be assigned especially in the case of a large number of accused fraudulent acts.

If you are interested, email me ([email protected]) or call me: 0511. 220 620 60.

© LAWYER ROLF TARNEDEN

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