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Section 380 (1) Fraud is the wrongful or criminal deception intended to result in financial or personal gain. The definition of Fraud is left ambiguous in order to capture the vast nature that these offences occur. There are many examples of Fraud, but most commonly seen are Telemarketing scams, online scams, Identity Theft and Business scams.
- Adjournment
COMMENTARY. Section 380.3(3) of the Criminal Code of Canada...
- Saving
COMMENTARY. Section 382.1(3) is a crucial provision in the...
- Duration
EXPLANATION. Section 380.2(2) of the Criminal Code of Canada...
- Procedure
COMMENTARY. Section 380.4(2) of the Criminal Code of Canada...
- Punishment
STRATEGY. Section 403(3) of the Criminal Code of Canada...
- Tipping
COMMENTARY. Section 382.1(2) of the Criminal Code of Canada...
- Forfeiture
EXPLANATION. Section 401(2) of the Criminal Code of Canada...
- Reasons
Overall, Section 380.3(5) of the Criminal Code of Canada is...
- Adjournment
- Fraud Over $5,000
- Fraud Under $5,000
- Using The Mail to Defraud
- Fraudulent Manipulation of Stock Exchange Transactions
- Prohibited Insider Trading
- Falsification of Books and Documents
- Identity Theft/Trafficking in Identity Information
- Identity Fraud
Section 380 of the Code states that if you are found guilty of fraud over $5,000 it will be treated as an indictable offenceIndictable offences are more-serious criminal offenceswith a maximum penalty of 14 years in prison. If the court determines you intended to influence the market price of stocks, shares or anything that is offered for sale to t...
If the alleged fraud is valued at less than $5,000, the Crown has the option of treating it as a summary convictionUsed for lesser offenceswith a less severe penalty imposed. 1. the magnitude, complexity, duration or degree of planning that was involved; 2. the number of victims and if the fraud significantly affected their health and finances; 3. ...
Section 381 of the Codemakes it illegal for you to use the mail to deliver letters aimed at deceiving or defrauding the public or to obtain money under false pretences. If found guilty of this charge as an indictable offence, you face a maximum of two years imprisonment, with lesser sentences given for charges treated as summary convictions.
Section 382 of the Codemakes it illegal for you to mislead the public about stocks and securities being publicly traded. If you are found guilty of an indictable offence the maximum penalty is 10 years in prison, with lesser sentences given for charges treated as summary convictions.
Section 382 of the Code makes it an offence for you to buy or sell a security using inside information (insider tradingThe buying or selling of a stock by someone who has inside knowledge). This law applies to shareholders, those involved in a company takeover or merger, those who work at the firm or anyone who obtained information from someone in ...
Section 397 of the Codemakes it an offence for you to destroy, alter or falsify any documentation related to a security or document. If you are found guilty of an indictable offence, the maximum penalty is five years in prison, with lesser sentences given for charges treated as summary convictions.
Section 402 of the Codemakes it an offence to obtain or possess another person's identification with the intention of using that to commit an indictable offence such as fraud. Identify information includes: a fingerprint, voice print, retina image, iris image, DNA profile, name, address, date of birth, written signature, electronic signature, digit...
Section 403 of the Code makes it an offence for you to impersonate someone elseand use that person's identity information to: 1. gain some advantage for your or someone else; 2. obtain any property or an interest in any property; 3. cause disadvantage to the person being personated or another person; or 4. to avoid arrest or prosecution or to obstr...
Fraud. 380 (1) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service, (a) is guilty of an indictable offence and liable to a term of imprisonment ...
Offences under s. 380 (1) (b) [fraud not exceeding $5,000] are absolute jurisdiction offences under s. 553 (a) and so does not have a defence election of court. It must be tried by a provincial court judge. Offences under s. 380 (1) (a) [fraud over $5,000] are hybrid with a Crown election. If prosecuted by indictment, there is a Defence ...
214 - PART VIII - Offences Against the Person and Reputation. 214 - Interpretation. 215 - Duties Tending to Preservation of Life. 219 - Criminal Negligence. 222 - Homicide. 229 - Murder, Manslaughter and Infanticide. 240.1 - Trafficking in Human Organs. 241 - Suicide. 241.1 - Medical Assistance in Dying.
The Criminal Code is called a “code” because it “codifies” most of the criminal law in Canada in one place. In legal terms, codification is the process of collecting and restating the law in certain areas, usually by subject, forming a legal code such as a book. The Criminal Code is also known by its official, longer title, An Act ...
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Jan 15, 2021 · Section 380 (1) of the Criminal Code describes fraud as having two specific elements: 1) a prohibited act of “deceit, falsehood or other fraudulent means;” and 2) that this act deprives the public or specific person of “any property, money or valuable security, or any service.”.
