The crime of fraud in the purchase and sale of second-hand products
Posted: Sun Dec 22, 2024 9:28 am
The usual practice is that the user accesses a peer-to-peer buying and selling portal, is interested in an item and contacts the seller. The seller asks for payment and once the payment has been made, he disappears. Scams on Milanuncios , Wallapop, or Ebay, among others, are common, as are fake ads, which are also scams.
If we want to buy or sell through these portals, we must choose well. We must usa number list know that the platform itself guarantees a certain security in transactions or operations and that it has a good claim policy. Thus, for example, the Beseif platform allows buying and selling between individuals and is characterized by its secure payment and shipping system, which makes it the perfect portal for online commerce .
But if you have already been the victim of a scam, what should you do?
This crime is included in article 248 of the Penal Code:
"1. Those who, with the intention of profit, use deception sufficient to cause error in another, inducing him to carry out an act of disposition to his own or another's detriment, commit fraud.
2. The following are also considered guilty of fraud:
a) Those who, with the intention of profit and using some computer manipulation or similar artifice, achieve an unauthorized transfer of any patrimonial asset to the detriment of another.
b) Those who manufacture, introduce, possess or provide computer programs specifically intended for the commission of the frauds provided for in this article
c) Those who use credit or debit cards, or traveler's checks, or the data contained in any of them, to carry out operations of any kind to the detriment of the holder or a third party."
The basic type of fraud is punishable by imprisonment from 6 months to 3 years ( article 249 of the Criminal Code ). If the amount defrauded does not exceed 400 euros, a fine of 1 to 3 months will be imposed .
Elements of the crime of fraud
Fraud is a crime that consists of deceiving another person , who is then harmed financially for profit. According to repeated jurisprudence, the elements of this crime are the following:
A preceding or concurrent deception embodied in some artifice.
Such deception must be sufficient to achieve the proposed objectives and be of sufficient importance to cause the transfer of assets.
Production of an essential error in the passive subject (victim), unaware of what constituted reality.
An act of patrimonial displacement, with the consequent harm to the passive subject (victim).
Causal link between the deception of the perpetrator of the fraud and the harm to the victim, meaning that the fraud (intention to deceive) must precede or be concurrent in the fraudulent dynamic, with subsequent fraud not prior to the conclusion of the transaction in question not being assessed criminally.
Profit motive, which consists of the intention to obtain patrimonial enrichment.
What to do if I am a victim of fraud
If you have been the victim of an internet scam, you must report the incident to the police or to the Court on Duty, attaching all the documentation you have (proof of transfer, call log, screenshots of conversations held with the seller or buyer, details of the alleged seller or buyer, etc.). Provide everything you have.
If we want to buy or sell through these portals, we must choose well. We must usa number list know that the platform itself guarantees a certain security in transactions or operations and that it has a good claim policy. Thus, for example, the Beseif platform allows buying and selling between individuals and is characterized by its secure payment and shipping system, which makes it the perfect portal for online commerce .
But if you have already been the victim of a scam, what should you do?
This crime is included in article 248 of the Penal Code:
"1. Those who, with the intention of profit, use deception sufficient to cause error in another, inducing him to carry out an act of disposition to his own or another's detriment, commit fraud.
2. The following are also considered guilty of fraud:
a) Those who, with the intention of profit and using some computer manipulation or similar artifice, achieve an unauthorized transfer of any patrimonial asset to the detriment of another.
b) Those who manufacture, introduce, possess or provide computer programs specifically intended for the commission of the frauds provided for in this article
c) Those who use credit or debit cards, or traveler's checks, or the data contained in any of them, to carry out operations of any kind to the detriment of the holder or a third party."
The basic type of fraud is punishable by imprisonment from 6 months to 3 years ( article 249 of the Criminal Code ). If the amount defrauded does not exceed 400 euros, a fine of 1 to 3 months will be imposed .
Elements of the crime of fraud
Fraud is a crime that consists of deceiving another person , who is then harmed financially for profit. According to repeated jurisprudence, the elements of this crime are the following:
A preceding or concurrent deception embodied in some artifice.
Such deception must be sufficient to achieve the proposed objectives and be of sufficient importance to cause the transfer of assets.
Production of an essential error in the passive subject (victim), unaware of what constituted reality.
An act of patrimonial displacement, with the consequent harm to the passive subject (victim).
Causal link between the deception of the perpetrator of the fraud and the harm to the victim, meaning that the fraud (intention to deceive) must precede or be concurrent in the fraudulent dynamic, with subsequent fraud not prior to the conclusion of the transaction in question not being assessed criminally.
Profit motive, which consists of the intention to obtain patrimonial enrichment.
What to do if I am a victim of fraud
If you have been the victim of an internet scam, you must report the incident to the police or to the Court on Duty, attaching all the documentation you have (proof of transfer, call log, screenshots of conversations held with the seller or buyer, details of the alleged seller or buyer, etc.). Provide everything you have.