Fatemeh Rakideh
trainee lawyer at the Iranian Central Bar Association
Fraud

Fraud

For fraud, mere non-payment of a debt or non-performance of a contract is not enough. Fraudulent conduct, deception of the victim, obtaining property, and the connection between these elements must be capable of proof through the evidence in the case.

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Fraud

For fraud, mere non-payment of a debt or non-performance of a contract is not enough. Fraudulent conduct, deception of the victim, obtaining property, and the connection between these elements must be capable of proof through the evidence in the case.

Important aspects of this matter

Point 1

How trust was gained or deception occurred, and the alleged fraudulent means or acts

Point 2

Payment or transfer of property and its relationship to the behavior of accused person

Point 3

Relevant contracts, receipts, messages, files, bank-account information and witnesses

Point 4

Distinguishing a purely civil or contractual dispute from conduct constituting an offence

Documents and evidence relating to fraud

Legal points and course of action

Chronology is crucial in a fraud case. Establish how a false representation or fraudulent means influenced the victim’s decision before the transfer, and who benefited from the resulting property or benefit.

Calling a financial dispute fraud does not determine the outcome. The prosecutor’s office assesses the statutory elements and actual evidence and may consider the matter civil or identify a different offence.

Related topics

Frequently asked questions

No. Fraud requires proof of its statutory conditions and elements, including deception by fraudulent conduct or means and obtaining property. Late payment or breach of contract is not necessarily a crime.
Payment receipts, contracts, messages, advertisements or other alleged representations, account information, correspondence and evidence showing the deception and resulting transfer of property may be important.
The effect of a complainant’s withdrawal of the complaint depends on the governing law, the date of the conduct, and the circumstances of the case. The 1403 amendments to Article 104 of the Islamic Penal Code must be considered separately in each case.

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