The Crime of the Fraud in the Senses of Decision-making Practice of Law Enforcement Authorities

Abstract

The author points out the crime of the fraud in the decision-making activities of law enforcement authorities as well as the courts. Part of the paper is also an analysis of the crime from the point of view of the individual elements of the facts and the subsequent pointing out the inference of the relevant elements in practice. The primary objective is to point out the difference in the conduct of a person, in the sense that the proceedings in question fulfill the characteristics of the crime of fraud and when they do not, and are considered in terms of the application of ultima ratio as proceedings to be dealt with by civil law.