Theft and Fraud charges in Canada

Theft and Fraud charges in Canada

 Fraud charges in Canada

First of all , you should know that what is considered as Theft. the Crown must prove that you intended to steal an item To find you guilty of theft. in another word , the Crown should prove that you intended to leave that place without paying for that thing. there are some conditions that you cannot be found guilty of Theft :

• If you really forgot to pay for the thing
• if you really forgot that you were carrying the thing

It’s better for you to know that Being charged with this kind of offence , can have seriously bad results. if you be found guilty of theft , you may be arrested anywhere you are and you cannot return back to your work or job. also you cant have any contact with out friends or colleagues and you’ll be unable to be employed in some financial fields. in addition , you’ll have a criminal record.

Theft charges

According to the s.322 of the Criminal Code of Canada , The offence of Theft is broken down by the value of the item that is subject to the theft. it can be under or over $5,000. you should know that in addition to outright stealing something , there some situations that the Crown can find you guilty of theft. in addition to outright stealing something, a Crown can prove any of the following which will be a theft:

• deprive, temporarily or absolutely, the owner of it, or a person who has a special property or interest in it, of the thing or of his property or interest in it.
•  pledge it or deposit it as security.
•  part with it under a condition with respect to its return that the person who parts with it may be unable to perform.
•  deal with it in such a manner that it cannot be restored in the condition in which it was at the time it was taken or converted.

Also According to the s.322 of the Criminal Code of Canada , the following offences are as same as theft :

• S. 326 Theft of Telecommunication Service
• S. 328 Theft by or From Person with Special Property Interest
• S. 330 Theft by person Required to Account
• S. 331 Theft by Power of Attorney
• S. 332 Misappropriation of Money Held Under Direction
• S. 333.1 and 335 Theft of or Taking Motor Vehicle Without Consent

 Fraud charges in Canada

As you know , fraud is an intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right in law. it’s better for you to know that Fraud can violate civil law. It’s true that the police departments have dedicated Theft and Fraud squads. But the investigations can be done by outside agencies like :

• S. 380 Fraud
• S. 381 Using the Mails to Defraud
• S. 382 Fraudulent Manipulation of Stock Exchange Transactions.
  S. 382.1 Insider Trading
  S. 383 Gaming in Stocks (i.e. artificially manipulating stock prices)
• S. 385, 386 and 387 Frauds involving Property Title Documents
• S. 397, 398 and 399 Falsification of Business Documents
• S. 400 Issuing a False Stock Prospectus
• S. 402.1, 402.2 and 403 Identity Theft
• S. 406, 407, 408, 409, 410, 411 412, 416, and 417 Creating and Dealing in Counterfeit Goods and Trademarks
• S. 426 Secret Commissions (e.g. undisclosed financial kickbacks)

Charges of Fraud also relate to offences and the Crown should prove that an accused has false documents, credit cards or they possessed equipment to help make these forged documents. offences like :

• S. 342 and 342.01 Theft, Forgery, etc. of Credit Card or Possession of Instruments for Forging Credit Cards
• S. 342.1 and 342.2 Unauthorized Use of a Computer or Devices
• S. 366, 367, 368 Forgery, Uttering a Forged Document

Theft and Fraud fines

If you be found guilty of Theft or Fraud over $5,000 , you can be arrested in you house. if a judge determines that your sentence involves custody, you will go to jail. the period of jail is on weekends at the very least. but according to the According to the s.322 of the Criminal Code of Canada , period of jail can be affected by some conditions. conditions like :

• S. 380(1)(a) if the value of the fraud exceeds $1,000,000 there is a 2 year minimum sentence

• S. 380.1 sets out the following factors that will make a fraud more serious and increase the sentence, including being sent to jail:

(a) the magnitude, complexity, duration or degree of planning of the fraud committed was significant.

(b) the offence adversely affected, or had the potential to adversely affect, the stability of the Canadian economy or financial system or any financial market in Canada or investor confidence in such a financial market.

(c) the offence involved a large number of victims.

(c.1) the offence had a significant impact on the victims given their personal circumstances including their age, health and financial situation.

(d) in committing the offence, the offender took advantage of the high regard in which the offender was held in the community.

(e) the offender did not comply with a licensing requirement, or professional standard, that is normally applicable to the activity or conduct that forms the subject-matter of the offence.

(f) the offender concealed or destroyed records related to the fraud or to the disbursement of the proceeds of the fraud.

•  involving employers
•  which caused people to lose their life savings
•  which took advantage of people’s vulnerabilities

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