Criminal Code: Section 380

Fraud

Criminal Code: Section 380

Fraud

Overview

Fraud involves intentionally engaging in dishonest behavior, such as deceit or falsehood, with the aim of depriving an individual or the public of property, services, money, or any other value. For fraud to be established, there must be harm to another’s financial interests, but it is not necessary for the accused to have personally benefited from their actions to be found guilty (R. c. Théroux, [1993] 2 RCS 5). For example, some organizations may falsely present themselves as legitimate and demand money via email or phone, threatening serious consequences if payment is not made.

Legal Consequences

Penalties for fraud vary depending on the amount involved. For fraud over $5,000, the maximum penalty is 14 years of imprisonment. Additionally, if the value of the fraud exceeds one million dollars, a mandatory minimum sentence of 2 years applies. Conversely, for fraud under $5,000, the maximum sentence is 2 years of imprisonment.

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