The crime of goods fraud in the Jordanian penal code

Abstract

The primary focus of this research study is the analysis of Article 433 of the Jordanian Penal Code, which criminalizes goods fraud as a means of providing criminal protection for consumers. A descriptive and analytical methodology is employed in this study, involving the review and analysis of legal texts, judicial precedents, and relevant legal jurisprudence. The distinction between the crime of goods fraud and other similar offenses is elucidated in this study. It is confirmed through the findings of this research that this crime comprises three essential elements: the presumed element as stipulated in the sales contract of goods, the material element rooted in the fraudulent act, and the mental element, often referred to as the "guilty mind," which assumes the form of a general criminal intent. It has also been established that individuals found guilty of this offense face penalties ranging from one month to one year of imprisonment, coupled with a fine ranging from five to fifty dinars, or one of these penalties. This criminal punishment encompasses attempted crimes as well. The study concludes that the scope of criminalization should not be confined solely to fraud within sales contracts, but rather should be expanded to encompass other types of contracts. Furthermore, it is recommended that restitution of the sold goods be mandated, and the return of money to the buyer be ensured.