According to the Civil Wrong Law in the TRNC the definition of fraud is as follows;
??Fraud consists of a false representation of fact, made with the knowledge that it is false, or without belief in its truth or recklessly, careless whether it be true or false, with intent that it shall be acted upon by the person deceived:
Provided that no action shall be brought in respect of any such representation unless it was intended to and did deceive the plaintiff and he has acted upon it and he has thereby suffered damage:
Provided also that no action shall be brought in respect of any such representation as to the character, conduct, credit, ability, trade or dealings of any person in order to obtain him credit, money or goods unless such representation is in writing and signed by the defendant himself. ?
The Criminal Code of the TRNC defines some similar (but not exactly the same) actions like false pretence, cheating and forgery with a different wording and narrower elements than the civil act. In Criminal cases or Criminal Law you would realise that every situation would be dealt with under separate articles depending on its circumstances or how the offence was committed. At this point ? must add that the major difference in Criminal cases from Civil cases regarding this subject is that Criminal cases, where inter alia the Criminal code would be used, do not offer compensation etc to the complainant (deceived) and, if found guilty beyond reasonable doubt, the accused would be punished with a fine or imprisonment whereas in Civil cases, where inter alia the Civil Wrong Law would be used, the plaintiff (deceived) would gain compensation etc if he/she proves his case by the balance of probabilities, but the defendant wouldn?t be imprisoned unless he fails to comply with a court order.
As you can see from what I have written above fraud can be a criminal offence according to the criminal code of the TRNC but fraud in Criminal Law isn?t as general and is more specific. It would change from case to case in other words every case depends on its own merits. Therefore I can only say its a criminal offence if I know all the relevant facts of the case. Below I have put down a crime according to the Criminal Code of the TRNC which would interest most people.
??Any person who, being a seller or mortgagor of any property, or being the advocate or agent of any such seller or mortgagor, with intent to induce the purchaser or mortgagee to accept the title offered or produced to him, and with intent to defraud-
a) Conceals from the purchaser or mortgagee any instrument material to the title, or any incumbrance; or
b) Falsifies any false statement as to the title offered or may depend; or
c) Makes any false statement as to the title depends or conceals any fact material thereto,
is guilty of a misdemeanour, and is liable to imprisonment.??
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