Fraud is defined in criminal code of Canada under s. 380. A person is charged for fraud if he deprives the complainant of something of value or complainant was put at risk of losing something of value (property, money, valuable security, or a service) and the culprit deprived complainant of such thing by deceit, falsehood and other fraudulent means.
Depending upon the value of property deprived the fraud offence is divided into two categories fraud not exceeding $ 5000 and fraud over $ 5000. The sentencing in fraud offense depends upon the value of property involved in offense. The fraud over $ 5000 is straight indictable and maximum penalty is 14 yrs imprisonment where as fraud not exceeding $ 5000 is hybrid offence. The fraud not exceeding $ 5000, if prosecuted by indictment, the maximum penalty is 2 years incarceration and if prosecuted by summary conviction, the maximum penalty is 2 years less a day jail and/ or a $ 5,000 fine.
The fraud offences have no mandatory minimum penalties.
Offense wording in Criminal code of Canada
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 not exceeding fourteen years, where the subject-matter of the offence is a testamentary instrument or the value of the subject-matter of the offence exceeds five thousand dollars; or
(b) is guilty
(i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or
(ii) of an offence punishable on summary conviction,
where the value of the subject-matter of the offence does not exceed five thousand dollars.
(1.1) When a person is prosecuted on indictment and convicted of one or more offences referred to in subsection (1) [fraud], the court that imposes the sentence shall impose a minimum punishment of imprisonment for a term of two years if the total value of the subject-matter of the offences exceeds one million dollars.
Affecting public market
(2) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, with intent to defraud, affects the public market price of stocks, shares, merchandise or anything that is offered for sale to the public is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
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