FRAUD CRIMINAL, CIVIL, AND THE BANK INVOICE.
Dr. Luis de Almeida
In a broad and common sense in legal reviews, it is that fraud is a totally illegal or in bad faith scheme that verifies both the penalty area as the civil, always created for the author personal gain, although it legally, other legal order details. There are many ways, the scams, the documentary traps used for the practice of fraudulent act, some are not created for personal gain but are described in the same way. In Brazil, the fraud is so widespread and generalized to a certain point, covering almost all areas of life, being able to highlight the artistic fraud, science, criminal and one that also focuses on the private world of one’s own society.
In a broader sense and purpose, but even seemingly cool, fraud can occur as a crime in any area of law, in order to allow the profit of its author who uses illegal means, deception or delusion practiced on the conscious victim in order to reach any advantage, not always financial.
In the criminal area, the Brazilian Penal Code dealing with fraud in Chapter VI which regulates the crime typified as embezzlement and other fraud. Such a crime in the lesson of the illustrious jurist JÚLIO Fabrini Mirabet it is an unlawful conduct typified as embezzlement. The larceny is expected in the “caput” of art. 171 of the Brazilian Penal Code of 1940, given that their paragraphs and later articles harbor assumptions that characterize other fraud. The term defraud malicious deceit, or cunning action in bad faith, concealment of the truth or escape to the fulfillment of a duty.
Also, there remains doubt about the existence of a close link between fraud treated in the Criminal Code with some of the Civil Code institutes. However, it is for judges, prosecutors and lawyers as legal practitioners a mission to recognize, distinguish and conclude whether a fraud features a civil or criminal offense.
The latest novelty in the field of fraud, involves known bank slip. It is a new fraud on the market, which is little noticed by consumers. But before a comment about it, this innovation in the world of crime, it is essential that every citizen becomes aware that any bank handling shall have preferably their presence, a procedure that is common since the opening of your account and prevails until its closure. Thus, without considering the cases in which the account was opened fraudulently.
The ticket is the second most used form of payment in Brazil, surpassed only by credit cards and, therefore, has drawn the attention of “remarkable” fraudsters. It was in the middle of last year that the “mafia billet” became known after repeated cyberattacks that modified bar code in the dockets. According to official estimate, hackers would have generated 496 000 fake tickets and raised approximately R $ 8.5 billion through such scams. Some gang members were found and arrested, but this police investigation must continue
The first suggestion to avoid this scam is to keep your antivirus up to date computer. It was through the use of a virus that the gang billet could reach thousands of computers. Use a good antivirus will always encounter a problem, especially when the bank transfer is fraud object, usually those sent by email or generated via internet.
A second pass recommendation by fraud experts, is to note that most false documents contain basic errors, basic errors, such as Portuguese, formatting nonstandard and other suspicious features. When generating a ticket should be noted printing, is the bank code is compatible with the brand, as each has its own identification code according to the list provided by Febraban (Brazilian Federation of Banks). This code is printed in front of the bank logo and the first three digits of typeful line at a ticket and must be equivalent to the issuing bank code.
If the consumer pays monthly a particular obligation should compare the ticket to be paid in the month, with slips that have already paid previously. The payments made in ATMs, you can check the data entered in billet before using the electronic discharge procedure. Ahead of the system, you may want to see if the caution box screen information is the same that are printed on the ticket, such as assigning bank, the bank code and the recipient agency.
Today and every growing more, the use of e-mail is immeasurable, and as such, it is important to take special care of strangers e-mails and become routinely suspects. To receive notifications of payments, links or attachments, the stated is to contact the sender and ask for more information. Great care is. Also for shopping, make payments or generate slips, should not be used unknown computer. They are the main precautions that you can recommend.