Article 30 — Fraud and Dishonesty

1. 1.

   A person commits fraud who, by deception, false pretence, or dishonest misrepresentation, obtains for that person or for another any property, advantage, or thing of value.

2. 2.

   In particular, fraud includes each of the following:

   1. Digital fraud, including phishing, social engineering, or any comparable technique directed at Kaharagian nationals or State digital systems.
   2. Fraudulent transactions in State-recognised digital assets within the meaning of Article 40 of the Civil Code.
   3. Embezzlement or misappropriation of property entrusted to the offender, whether in a public or private capacity.
   4. Identity fraud, being the use of another person’s identity, credentials, or personal data to obtain any advantage or to cause any loss.
3. 3.

   Fraud is classified as a serious offence.

4. 4.

   Fraud is classified as a grave offence where any of the following aggravating circumstances is present:

   1. The fraud is directed at a vulnerable person, including a minor, an incapacitated person, or a person subject to protective measures.
   2. The value obtained or sought exceeds $100,000.
   3. The offence is committed by a person acting in a position of trust, including a public officer, a guardian, or a professional adviser.
5. 5.

   The sanctions applicable to fraud are:

   1. A fine of $5,000 to $50,000 in accordance with Article 12, or a fine of $50,000 to $500,000 where the offence is classified as grave.
   2. Public censure.
   3. Forfeiture of the proceeds of the offence and of any instrumentalities used in its commission.
   4. Exclusion from State services for a period determined by the competent authority.
6. 6.

   A conviction under this Article constitutes a conviction for “dishonesty” within the meaning of Article 13(4)(d) of the Civil Code and bars the convicted person from appointment as guardian.

7. 7.

   The prescription period for offences under this Article is governed by Article 14.