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» Economics » Special criminal law teachings » Topics begins with C » Credit fraud

Page modified: Wednesday, July 13, 2011 01:30:02

The credit fraud is a criminal passing, which is regulated in "§ 265b StGB.

The credit fraud was inserted 1986 by the first law for the fight of the white-collar crime into the Betrugsdelikte. A goal was it, already in the apron of the actual fraud criminal handles to get.


Credits in the sense of this law are both cash advances ("§"§ 488 FF. BGB), so-called credits in blank (d.s. changes, which are issued the banking customer by the bank), in addition, pecuniary claims, which are entgeltlich acquired, deferments of payment of pecuniary claims, the discounting of changes and cheques as well as endorsement and warranty assumptions. The term of the credit is not congruently with "§ 19 credit system law act action is the indication of wrong information in the credit request. It is insignificant thereby whether the data take place in writing or however via collecting main more wrongly, also incomplete documents and/or via suppression of underlying documents. The data or documents, which were incorrectly submitted, must be favourable. The credit giver must not have recognized thereby this. As enterprises or enterprises, which could be endangered, all enterprises and enterprises are to be called, those the term of the Istkaufmanns or ability buyer after "§"§ 1, 2 commercial code correspond. Also public institutes are covered.

Kriminalpoliti considerations

Crime was out-arranged as abstract and in the science substantial criticism experienced. The effectiveness desired of the criminal offence existence could not be achieved so far. From the legislator only the intended large credits were covered, the formulation of the facts open however a of the act action with all credits. Also over the protected right property controversy prevails. While it will on the one hand represent that it concerns thereby the credit and finance generally is intended, after other view the protection of the fortune of others (as with the fraud). The regulation is not unconstitutional. Opposite other the credit fraud steps usually back

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