The Crime of Swindling According to Egypt Law

The Egyptian law didn’t clarify the definition of the crime, but used the style of showing the census cases and  examples , which is guiding  to crime by clearly way.

From this style we can get the cases which law is considering  as swindling, the article No 336 says that the target from any swindling is holding of moneys, offers, debentures, acquittal documents, or movable effects and luggage. And that act has to be by contrivance to strip a third party of all or part of his wealth.

The penalty is a detention.

The target from crime is lay hold of moneys, offers, debentures, acquittal documents, or movable effects and luggage.

The method to get that has to be throwing contrivance to strip a third party of all or part of his wealth.

The types of contrivance have to be one from:

1. Resorting to subterfuge methods that are apt to mislead others toward believing in the existence of a bogus project
2. False fact, creating hope of obtaining an illusory profit, settling an amount taken by fraudulent methods,
3. Deceiving others with the existence of an invalid debenture,
4. Forged acquittal document,
5. Disposing of a fixed or movable property which he does not own nor has the right of disposing thereof,
6. Assuming a false name or incorrect quality.
7. Seizes the opportunity of another person’s need, weakness, or whims of another person still below twenty one complete years of age, or on whom the guardianship is extended by a ruling of the authority of jurisdiction.
8. Seizes the chance of another person’s weakness or whims, and lends him money by any method, at a rate of interest higher than the ceiling determined for interests that can be agreed upon legally.

those are the basics which any criminal lawyer in Egypt know that without any case from those cases there is no crime.

” A penalty of detention shall be inflicted on whoever has been able to lay hold of moneys, offers, debentures, acquittal documents, or movable effects and luggage, by contrivance to strip a third party of all or part of his/her wealth either by resorting to subterfuge methods that are apt to mislead others toward believing in the existence of a bogus project or false fact, creating hope of obtaining an illusory profit, settling an amount taken by fraudulent methods, or deceiving others with the existence of an invalid debenture, or forged acquittal document, or by disposing of a fixed or movable property which he does not own nor has the right of disposing thereof, or by assuming a false name or incorrect quality. However, attempted swindling without fulfilling the act shall be punished with detention for a period not exceeding one year.The culprit, in case of recurrence, may be placed on parole by police for a period of at least one year and at most two years. “

” Whoever seizes the opportunity of another person’s need, weakness, or whims of another person still below twenty one complete years of age, or on whom the guardianship is extended by a ruling of the authority of jurisdiction, and obtains from him, to his prejudice, a written document or acquittal concerning the loaning or borrowing of an amount of money or some movables, or an assignment of commercial papers or other written binding documents, shall be punished – whatever the method of subterfuge – with detention for a period not exceeding two years. A fine not exceeding one hundred Egyptian pounds may also be added to the punishment if the betrayer is assigned the tutelage or guardianship of the betrayed person, the penalty shall be that of imprisonment for a period of three to seven years. “

” Whoever seizes the chance of another person’s weakness or whims, and lends him/her money by any method, at a rate of interest higher than the ceiling determined for interests that can be agreed upon legally, shall be punished with a fine not exceeding two hundred pounds. If the lender commits another crime similar to the first crime during the next five years following the first ruling, the penalty shall be that of detention for a period not exceeding two years, and a fine not exceeding five hundred pounds or either penalty only. Whoever gets used to lending money in any manner whatsoever, at a rate of interest higher than the ceiling of the interest that can be agreed upon legally, shall be punished with the penalties prescribed in the previous clause. “

from all of that any criminal lawyer in Egypt can find the way how to break the legal form of the accused for this crime if it is not typical as the law, in this case. However considering the legal basis the accused is innocent until proved guilty according to law, there is no crime.