Definition of fraud in criminal law explaned simply

An urgent bank message, an alleged public official, an overly advantageous online sale: deception changes form but not mechanics. In criminal law, fraud consists of deceiving someone in order to obtain money or goods: using a false name, using a false capacity, abusing a true capacity, fraudulently putting on a show. The offence is punishable under the Criminal Code by imprisonment and a fine. Attempted fraud can also be prosecuted, particularly if it is organised by a gang.

Whether you are a victim or a defendant, you need to know the legal definition, the material and moral elements, the difference with breach of trust, the conditions of proof and the statute of limitations. This guide details the procedure in force in France, the right reflexes to adopt, the steps to take and the means of defence to transform a confusing situation into a clear legal strategy.

Key points to remember:

• Definition (art. 313-1): decisive deception by means of a false name, false capacity, abuse of a true capacity or manoeuvres, leading to the provision of money/goods/services or an act; vitiated consent.
• To be proven : legal basis, material fact (manoeuvres + delivery), intention. Neither a simple error nor a poorly executed promise: the decision is based on deception.
• Correct classification : swindling = voluntary but tricked delivery; breach of trust = misappropriation after regular delivery; theft = removal without agreement.
• Penalties :5 years and €375,000, aggravated: 7 years and €750,000 (usurped authority, appeal to the public, vulnerable, public body), organised gang: 10 years and €1,000,000.
• Steps to take: alert bank or platform, lodge complaint, keep chronology and supporting documents (amounts, IBAN, exchanges). If implicated: keep silent, call in a lawyer, access the file, dispute point by point.

What is fraud in criminal law?

Article 313-1 of the French Criminal Code describes fraud as “a decisive deception that induces a natural or legal person to hand over money, property, provide a service or agree to an act with legal effects”. In concrete terms, the perpetrator uses a false name, a false capacity, the abuse of a true capacity or fraudulent manoeuvres. This is a criminal offence punishable by imprisonment and a fine.

The offence is characterised by vitiated consent: the deception comes before the decision and is the direct cause of it. We are not talking about a mistake or a promise not kept, but about a deceptive process that triggers the discount. The victim may be an individual, a company or an organisation.

For example, a fake bank adviser contacts a customer and introduces himself under a credible name. He pretends to detect a suspicious transaction and, in order to “secure” the account, asks her to authorise a transfer to a “back-up account”. Reassured by the false name and technical explanations, the customer approved the transfer. All the facts were in place:

• false name or capacity,
• fraudulent manoeuvres,
• vitiated consent,
• remittance of money,
• prejudice.

This is a swindle and not a theft, because the remittance is voluntary but caused by deception.

The constituent elements of the offence of fraud

For a ‘swindle’ within the meaning of the law to be recognised, three elements must coexist: a text that defines the offence, manoeuvres that determine the victim to hand over any value whatsoever, and an intention to deceive. In practical terms: deceiving a natural or legal person, provoking a voluntary payment (money, goods, services, an act of obligation or discharge), and seeking an advantage.

The legal element (the text setting out the offence)

Article 313-1 of the Criminal Code defines the offence as: use of a false name or capacity, abuse of a true capacity or fraudulent manoeuvres to determine the remittance of a value. The basic criminal penalty is provided for by law (imprisonment and fine), and the case is then decided by the court. Example: a self-appointed “insurance advisor” makes a telephone call to a company’s customer asking her to “consent to an obligatory act” by signing a direct debit mandate in favour of a third party. The text applies: the advertised quality is false and the decision is provoked by deception.

The material element (the manoeuvres + the discount)

Concrete acts are required: a misleading document, a website imitating a bank, a message from an alleged “public” official, a false “security service” number, or misleading use of a true quality. The manoeuvre must cause the remittance: transfer, payment by bank card, provision of a service, signing of a document.

Example: a “technical” call asks for an amount to be transferred to a “back-up account”; the victim, reassured, hands over the money. The victim, reassured, hands over the money. The money is handed over voluntarily but vitiated, to the benefit of the swindler; this is punishable as commercial or digital fraud, depending on the context.

The moral element (intention to deceive)

Judges look for deliberate deception : prepared scenario, expected benefit, repetition of lies. The Criminal Division of the French Supreme Court (Cour de cassation) traditionally looks for converging evidence from the judicial file.

A “perfect” rental advert with “remote” payment before the visit, “guaranteed” supporting documents used to instil confidence. The victim, who is sometimes vulnerable, hands over a value; the consequence is legal and financial.

Fraud, breach of trust and theft: how can you tell the difference?

Fraud, breach of trust and theft are all offences under criminal law. It all comes down to the way in which the property is transferred from the victim to the perpetrator and the timing of the deception.
– In fraud, the victim hands over the money or object or signs a deed because they have been misled from the outset. The ruse creates trust and then triggers the handover.
– In breach of trust, the handover is regular at the outset (loan, deposit, money order). The offence then arises, when the property is diverted from its intended use.
– In theft, there is no delivery: the thing is taken against the will.

Here is a simple example to help you understand the difference:
– fraud : you are trying to sell your car, and a “buyer” presents you with false documents and asks you to sign an “acknowledgement of receipt” which is actually a transfer document. Deceived, you hand over the keys and the registration document.
– Breach of trust : you lend the vehicle to a relative for the weekend; he does not return it and sells it. The initial handover was legal, but the misappropriation comes later.
– theft: someone takes the keys from the table and drives off with the car. The keys are not returned, but the theft is brutal.

Severe criminal penalties for offences

The law provides for heavy penalties: up to 5 years’ imprisonment and a fine of 375,000 euros.

When the offence is more serious, the penalty increases to 7 years’ imprisonment and a fine of 750,000 euros. Typical examples of aggravated penalties under the Criminal Code:

• usurping the status of a public official or a person entrusted with a public service mission,
• appealing to the public for a “charitable” collection used for fraudulent purposes,
• targeting a vulnerable person (age, health),
• or deceiving a public body in order to obtain an undue advantage.

In an organised gang, the criminal justice system can impose a prison sentence of up to 10 years and a fine of up to €1,000,000. Attempted fraud can also be punished.

These penalties may be supplemented by prohibitions and additional measures:

• disqualification from engaging in any activity related to the facts,
• confiscation of the funds or instruments of the fraud,
• display/dissemination of the decision,
• even exclusion from certain markets.

Legal entities (companies) risk a fivefold fine and, depending on the case, closure of their establishment or dissolution.

Have you been a victim of fraud? Don’t know how to get your money or property back?
Let’s arrange a confidential discussion with Goldwin Avocats, criminal lawyers in Paris to help you repair the damage you have suffered.

Possible remedies and actions for victims of fraud

File a complaint about the fraud

Start by alerting your bank to try to block transfers to the suspect account. Card blocking” is not appropriate if the card has not been lost or stolen; on the other hand, a return of funds may sometimes be requested, depending on the method used.

Next, make a report and lodge a complaint with the police station or gendarmerie in the area where the crime was committed, or go directly to the court (by registered post). If the identity is unknown, file a complaint against a person unknown. You can save time by pre-registering online. Don’t delay: speed protects the outcome of the case and makes it easier for the police to take appropriate action.

If necessary, consult a criminal lawyer who can guide you through the process and save you time.

A useful reminder :

• Suspicious text messages: call 33 700 or 33700.fr
• Phishing attempts: Phishing Initiative platform.
• Illegal online content: government portal PHAROS.
• Investments that are “too good to be true”: check with theAMF before buying.

The evidence you need

Gather legible and orderly items: emails, messages, screenshots, advertisements, contracts, quotes, invoices, statements, acknowledgements of dispatch, photos of the meeting place or delivery. Make a note of the amount, date and method (cash, card, bank transfer), as well as any useful contact details and numbers (telephone, IBAN, domain name). Keep the originals and, if possible, the metadata.

The aim is to show the complete chain: information received → decision to consent to an operative act (payment, granting access) → consequence. A clear summary sheet helps the investigation and strengthens the evidence of fraud. The Criminal Division has reiterated in a number of decisions that a precise chronology weighs heavily in the assessment.

Obtaining compensation

There are two main avenues. The first is to bring a civil action for reimbursement of the sums involved and compensation for any consequences suffered. The court may order the seizure of assets where this is permitted under the law; enforcement will depend on the solvency of the perpetrator.

Then, depending on the status of the case, there are additional avenues: AMF (Autorité des marchés financiers) mediation for regulated financial cases, application to the CIVI (Commission d’indemnisation des victimes d’infractions) in certain situations, or separate civil proceedings.

A lawyer specialising in criminal business law can calibrate the claims, put a figure on them and conduct the fraud proceedings with an appropriate defence strategy.

Practical note
Regularly check your Internet customer areas, activate alerts and report any potentially contentious transactions without delay.
This simple reflex protects the rest of the case and, sometimes, avoids further outflows of funds.

You’ve been accused of fraud: how do you defend yourself?

The strategy is to show that at least one link in the chain is missing: no staging, no provoked decision, no intention to deceive, or a simple contractual dispute with no manoeuvres. Failing that, show that there is a serious doubt as to the link between the facts complained of and the decision of the person who paid or signed.

The rights of the person being prosecuted

You have the right to remain silent. You have the right to be assisted by a lawyer from the outset, to consult the case file as it develops, and to request any useful acts: hearing a witness, confrontation, counter-expertise. Adhering to a clear procedural timetable avoids blunders and allows you to organise your response point by point.

If you are summoned or taken into police custody, ask for a lawyer immediately and note the time of each stage.

Possible defence arguments

• Absence of intention at the time of the initial agreement (sincere plan, difficulties arising later).
• No decisive staging: no false promises at the outset, authentic documents, no impersonation.
• Decision not prompted by the facts complained of: the person would have paid or signed for another reason.
• Delivery not proven, or made for a reason other than that alleged.
• Procedural flaws: irregularities during police custody, searches, seizures or hearings that were not properly notified.

In practice, the “bundle of evidence” is dismantled element by element, based on the documents, the chronology and any witness statements.

A useful tip
Put together a simple timeline: exchanges, documents handed over, payments, deliveries, obstacles encountered. The clearer the sequence “proposal → decision → execution”, the easier it will be to explain a fair execution or a difficulty that arose without intent to deceive.

The role of the lawyer in the event of fraud

Whether you are the victim of a fraud or accused of fraud, the criminal lawyer will play a different role.

On the victim’s side, they structure the evidence, lead the complaint and quantify the loss; on the defendant’s side, they challenge the characterisation, monitor the procedure and defend the proportionality of the sentence.

Here is a table summarising each aspect, depending on the situation:

Need a clear framework for the victim or the defence?
Goldwin Avocats will audit your case, select the relevant documents and draw up a pragmatic action plan. Don’t waste any time, contact the firm now.

Modern forms of fraud

Unfortunately, there is no limit to human creativity when it comes to deception. Here is a non-exhaustive list of possible scams under French criminal law.

1. Financial and banking fraud

• False bank advisor embezzling funds via a fraudulent transfer
• Identity theft to obtain credit or a loan
• Fake investment offers (crypto, gold, wine, forex, NFT, etc.)
• Fake fundraising or fictitious crowdfunding
• Forged cheques or hacked accounts

2. Commercial scams

• Sale of non-existent goods on the internet (websites or marketplaces)
• Delivery scams: products that are never sent or that do not conform to specifications
• Misleading advertising about the quality or availability of a product
• Subscription hidden behind a free trial offer
• Professional training or CPF (personal training account) scams

3. Scams involving individuals

• Love scams on social networks
• Fake inheritance or succession to be released for a fee
• False employer” scam: promise of employment with registration fee
• Rental scams (fictitious properties on Abritel, Leboncoin, Airbnb, etc.)
• Emergency repairs scams (plumbers, locksmiths) at exorbitant rates
• Fake lottery winnings or competitions requiring advance payment

4. Administrative and tax scams

• False summons or fine issued in the name of a public authority
• Fake tax” or fictitious tax refund scams
• Impersonation of a SIRET number to mislead as to the legitimacy of a company
• Intra-Community VAT fraud
• Fake social security controller or public official requesting payment

5. Digital scams (cyber-scams)

• Phishing: an email or text message imitating a bank or public service
• Ransomware: demanding money to unlock a device
• Fake ticketing or event websites
• Fake online solidarity or charity fund-raising campaigns

6. Work-related scams

• Fake job offers to collect personal or bank details
• Service provision fraud (fictitious auto-entrepreneurs)
• Fake employment agency or placement company
• False recruitment” scam to launder money (transfer of funds)

7. Institutional or professional scams

• Fake lawyer, notary, doctor or expert acting without title
• Insurance fraud (misrepresentation of a claim)
• Fake URSSAF, DGCCRF or labour inspection checks
• Public or European subsidy fraud
• Use of false balance sheets to obtain funding

8. Interpersonal or family scams

• Financial manipulation of a vulnerable person (elderly, ill)
• Romance scams involving sham marriages or money transfers
• Charity scams or supposedly urgent family donations

Conclusion: The importance of legal assistance in the event of a scam

Fraud, which was once limited to traditional manoeuvres, is now entering a new era: that ofartificial intelligence. Fraudsters are now exploiting tools capable of imitating a voice, writing a perfect e-mail or creating false faces. The danger is no longer just financial: it also affects the trust, reputation and psychological safety of victims.
Faced with these new threats, it is essential to act quickly: preserve digital evidence, lodge a complaint, assess the moral and economic damage, and surround yourself with a lawyer capable of bringing this complexity to justice.

Goldwin Avocats, experts in criminal law, supports victims and defendants in dealing with these modern forms of fraud with rigour and lucidity.

Contact Goldwin Avocats now for a confidential and concrete analysis of your situation.

Frequently asked questions about fraud

Can a platform be held liable for scams?

Yes, if the platform has not put in place the vigilance measures required by law, particularly on sales sites or social networks.
Some court rulings recognise negligence when user alerts have not been dealt with or obviously fraudulent ads have been kept online.

What are the time limits for taking legal action after a scam?

In principle, the statute of limitations for public prosecution is 6 years from the date of the offence.
However, if the fraud was concealed or discovered at a later date (e.g. financial fraud), the limitation period runs from the day the victim became aware of the damage.
A lawyer can assess whether your case remains admissible before the criminal or civil courts, depending on the circumstances.

Fraud without payment: is it punishable?

Yes, even if there is no actual gain, attempted fraud is punishable under the Criminal Code. It is sufficient for fraudulent manoeuvres to have been undertaken (false documents, identity theft, false promises) with the intention of obtaining an advantage. If the victim resists or discovers the fraud before it is perpetrated, the attempt remains legally punishable in the same way as the actual offence.

Does artificial intelligence increase the risk of fraud?

Artificial intelligence facilitates new forms of fraud: voice imitation, deepfakes, automatically created e-mails or fraudulent websites. To protect yourself, systematically check the identity of the person you are dealing with through an official channel, never transfer money in a hurry and keep all digital evidence.
If in doubt, a criminal lawyer can help you qualify the offence and launch proceedings for digital fraud.