Fraud in the modern legislation of some foreign countries

Abstract

Over the past decade, the science of criminal law has become interested in comparative legal studies. A significant change in the conditions of social life and the desire to adhere to the principles accepted by the peoples of developed countries requires the study of foreign experience, and sometimes borrowings from international law.
 Comparative research makes it possible to identify and take into account other people's mistakes and achievements when solving questions about criminality and the punishment of specific acts, helps to understand the role and significance of criminal law as a tool of social regulation.
 Recently, comparative legal studies of norms on property criminal offenses have appeared in science, but they pay unjustifiably little attention to the study of fraud. In this article, without pretending to be an exhaustive analysis, we will pay attention to the most significant differences in the criminal law regulation of liability for fraud in the legislation of some foreign countries.
 No society can exist without property, which, being the economic basis, largely determines political, moral, legal and other relations. According to the modern idea of the system of social values, the right to property is regarded as the greatest of the social benefits of an individual. Therefore, encroachments on this good are, in a sense, encroachments on personality.
 Fraud occupies a special place among criminal offenses against property. Despite the fact that in quantitative terms, fraudulent offenses are inferior to theft and robbery, in terms of the growth rate of the number of registered cases of fraud, this type of criminal offense is significantly ahead of other offenses against property.
 A feature of foreign legislation is the presence, along with the general norm on liability for fraud, of an extensive system of special orders on liability for fraud on financial markets, in the field of insurance, lending, circulation of real objects, goods and services.