Fraud Under Article 209 of the Bulgarian Criminal Code – Deception, Property Damage and Penalty

Fraud is an offence against property in which the victim makes a property disposition because they have been deceived. This distinguishes fraud from theft and misappropriation.

Elements of fraud

Under Article 209 of the Bulgarian Criminal Code, the perpetrator must, with the purpose of obtaining a property benefit, create or maintain a false belief in another person and thereby cause property damage. A causal link must exist between the deception, the victim’s decision and the damage.

Creating or maintaining a false belief

Deception may be caused through false statements, documents, conduct or concealment that creates a false impression. Maintaining deception occurs when an existing mistake is knowingly reinforced or exploited.

Property damage and benefit

Damage may consist of transferring money or an object, assuming an obligation, waiving a right or another reduction of property. The purpose of obtaining a benefit must exist and cover the result.

Breach of contract or fraud?

Not every failure to perform a contract is a crime. The key question is whether fraudulent intent already existed when the obligation was undertaken and whether the deception caused the property disposition. Later financial difficulties alone do not prove fraud.

Qualified cases

The law provides heavier liability for impersonating an official, prior agreement, repetition, large amounts and other circumstances. Very large amounts or particularly serious cases carry heavier penalties.

Important evidence

• contracts, payment documents and bank statements;
• chats, emails, advertisements and lawfully obtained recordings;
• what was promised and when;
• the actual ability and steps taken to perform;
• the movement of funds and their connection with the accused;
• evidence of similar cases where procedurally admissible.

Related topics

For online methods, see Internet fraud and phishing, document and computer fraud and the articles on cybercrime.

This article provides general information. For a specific assessment, contact attorney Mihail Tomov.