| Summary: | Fraud crime is particularly complex, especially from the perspective of judicial practice,
and often the solutions proposed are considerably different from one case to another. In certain
concrete situations, even the separation of the offense of deceit from the tort liability committed for
non-fulfillment of contractual obligations. Constantly, in such situations, it was considered that the
mere non-performance of a civil obligation cannot have criminal consequences as long as one party
has not used deceitful means to persuade the other party to execute the convention on time (Hâj,
2000, p. 351). Thus, deception approaches civil and criminal content, but elements of nuance make
the difference.
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