The crime of goods fraud in the Jordanian penal code

Mohammad Nasr Khater; Hamzeh Abu  Issa; Mohammad Saeed Alsheyab; Naji Alwerikat

doi:10.31893/multirev.2024035

Keywords:

Abstract

The primary focus of this research study is the analysis of Article 433 of the Jordanian Penal Code, which criminalizes goods fraud as a means of providing criminal protection for consumers. A descriptive and analytical methodology is employed in this study, involving the review and analysis of legal texts, judicial precedents, and relevant legal jurisprudence. The distinction between the crime of goods fraud and other similar offenses is elucidated in this study. It is confirmed through the findings of this research that this crime comprises three essential elements: the presumed element as stipulated in the sales contract of goods, the material element rooted in the fraudulent act, and the mental element, often referred to as the "guilty mind," which assumes the form of a general criminal intent. It has also been established that individuals found guilty of this offense face penalties ranging from one month to one year of imprisonment, coupled with a fine ranging from five to fifty dinars, or one of these penalties. This criminal punishment encompasses attempted crimes as well. The study concludes that the scope of criminalization should not be confined solely to fraud within sales contracts, but rather should be expanded to encompass other types of contracts. Furthermore, it is recommended that restitution of the sold goods be mandated, and the return of money to the buyer be ensured.
References
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This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

How to cite

Khater, M. N., Issa, H. A., Alsheyab, M. S., & Alwerikat, N. (2023). The crime of goods fraud in the Jordanian penal code. Multidisciplinary Reviews, 7(2), 2024035. https://doi.org/10.31893/multirev.2024035

[1] Abdel Moneim, S. A. (2003). The General Theory of Penal Law, Al-Halabi Human Rights Publications: Beirut.

[2] Issa, H. A. & Khater, M. (2023). Distance Indecent Assault Crime in Jordanian Law Perspective. Pakistan Journal of Criminology, 15(1), 125-138.

[3] Ahmad, A. (1998). Criminal Protection of the Consumer from Fraud and Fraud Crimes, PhD thesis, Ain Shams University.

[4] Al-Billeh, T. & Issa, H. A. (2022). The Community Penalties in the Jordanian Criminal Law: What are the Alternatives to Liberty-Depriving Penalties?. Pakistan Journal of Criminology, 14(3), 1-18.

[5] Al-Fiqi, A. (1998). Suppression of crimes of Fraud and deception, Technical Office of Legal Encyclopedias: Port Said.

[6] Al-Saeed, K. (2008). Explanation of the Penal Code, Crimes against Property, Dar Al-Thaqafa: Amman.

[7] Al-Saifi, A. (1972). Lebanese Penal Code, Dar Al-Nahda Al-Arabiya: Beirut.

[8] Al-Saifi, A. (2019). Criminal Base, University Press: Alexandria.

[9] Atiah, R. (2014). Criminal Protection of the Consumer from Fraud in the Field of Commercial Transactions, PhD Thesis, Mansoura University.

[10] Decision of Al-Russaifa Court of First Instance in its appellate capacity No. (671/2022) dated 2/11/2022.

[11] Decision of Al-Russaifa Court of First Instance in its appellate capacity No. (167/2022) dated 30/6/2022.

[12] Decision of Amman Court of Appeal No. (11119/2014) dated 27/3/2014.

[13] Decision of Amman Court of Appeal No. (11119/2014) dated 27/3/2014.

[14] Decision of Amman Court of Appeal No. (20235/2017) dated 16/5/2017.

[15] Decision of Amman Court of Appeal No. (20235/2017) dated 16/5/2017.

[16] Decision of Amman Court of Appeal No. (26764/2014) dated 21/7/2014.

[17] Decision of Amman Court of Appeal No. (26764/2014) dated 21/7/2014.

[18] Decision of Amman Court of Appeal No. (29374/2014) dated 22/9/2014.

[19] Decision of Amman Court of Appeal No. (29374/2014) dated 22/9/2014.

[20] Decision of Amman Court of Appeal No. (38506/2013) dated 23/12/2013.

[21] Decision of Amman Court of Appeal No. (6543/2007) dated 17/1/2008.

[22] Decision of Amman Court of Appeal No. (8574/2014) dated 22/5/2014.

[23] Decision of Amman Court of Appeal No. 42500/2012 dated 17/12/2012.

[24] Decision of Amman Court of First Instance in its appellate capacity No. (1878/2022) dated 24/11/2022.

[25] Decision of Amman Court of First Instance in its appellate capacity No. (60/2022) Date 23/1/2022.

[26] Decision of Amman Court of First Instance in its appellate capacity No. (564/2022) dated 8/3/2022

[27] Decision of Amman Court of First Instance in its appellate capacity No. (842/2022) dated 27/3/2022.

[28] Decision of Amman Court of First Instance in its appellate capacity No. (408/2020) dated 31/5/2020.

[29] Decision of Amman Court of First Instance in its appellate capacity No. (842/2022) dated 27/3/2022

[30] Decision of Amman Court of First Instance in its appellate capacity No. (499/2022) dated 14/4/2022.

[31] Decision of Amman First Instance Court in its capacity of appeal No. (19770/2021) dated 2/2/2023.

[32] Decision of Amman Magistrate Court No. (3746/2016) dated 14/1/2018.

[33] Decision of Irbid Court of Appeal No. (60/2014) dated 5/1/2014.

[34] Decision of Irbid Court of Appeal No. (888/2011) dated 20/1/2011.

[35] Decision of Irbid Court of Appeal No. (9259/2017) dated 29/6/2017.

[36] Decision of Jerash Magistrate Court, No. (1489/2020) dated 18/10/2020.

[37] Decision of South Amman Court of First Instance, criminal division, in its appellate capacity No. (45/2013) dated 7/1/2013.

[38] Decision of South Amman Criminal Court of First Instance in its appellate capacity No. (432/2016) dated 27/3/2016.

[39] Decision of the Amman Court of First Instance in its appellate capacity No. (1878/2022) dated 24/11/2022.

[40] Decision of West Amman Court of First Instance in its appellate capacity No. (1234/2018) dated 26/6/2018.

[41] Decision of Zarqa Court of First Instance in its appellate capacity No. (2632/2022);

[42] Hafez, M. (1997). Encyclopedia of Fraud and deception Legislation: Cairo.

[43] Miqdad, S., Issa, H.A. & Alwerikat, N. (2022). Definition of the Term "The Wound" in the Jordanian Penal Law. Theory and Practice in Language Studies, 12(8), 1630-1633. https://doi.org/10.17507/tpls.1208.20

[44] Obeid, R. (1979). Explanation of the Complementary Penal Code, Fifth Edition, Dar Al-Fikr Al-Arabi: Cairo.

[45] Rabah, G. (2004). Economic Penal Code, Beirut.

[46] Sadiq, M. (1996). Criminal Protection of Consumer, PhD thesis, Cairo University.

[47] Salem, A. (1959). Criminal Intent in Egyptian and Comparative Law, PhD thesis, Cairo University.

[48] Wazir, A. (1983). Assumed Conditions of Crime, Dar Al-Nahda Al-Arabia: Cairo.

Abstract

References

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