Electronic Fraud
An Instagram seller who takes payment for a phone then blocks the buyer, a message announcing a prize and asking for a charge to release it, a caller claiming to be from the phone company and asking for a verification code. The forms of online fraud change, but the governing text is the same. The office of Ali Barakat in al-Yarmouk, Baghdad, sets out that text and the complaint route.
The core provision
Article 456 of Penal Code No. 111 of 1969 punishes with detention anyone who obtains movable property belonging to another, for himself or a third person, by one of three means: fraudulent methods; a false name or false capacity; or a false statement about a specific fact capable of deceiving the victim into handing it over. Paragraph (2) extends this to inducing someone by such means to hand over, sign, cancel or alter a debt instrument or release.
Typical patterns
A fake seller offering goods he does not have and asking for advance payment makes a false statement about a specific fact. A caller posing as a bank or telecom employee takes on a false capacity. Messages designed to look official, with a link asking for card details, are fraudulent methods. In each case the decisive element is that the victim handed over money or data willingly under the influence of the deception.
Whoever receives the money
Many frauds pass through other people's accounts or e-wallets. Article 460 punishes anyone who holds, hides or uses proceeds of an offence knowing their origin, without having taken part in it. Article 461 punishes obtaining proceeds of a felony or misdemeanour in circumstances that should have made one believe their source was unlawful. Someone who rents out his wallet for a cut may find himself accused, and saying he did not know where the transfers came from will not help if their circumstances pointed to an unlawful source.
Where to complain
The fraudster may be in another province. Article 53 of Criminal Procedure Code No. 23 of 1971 gives investigating jurisdiction to the place where all or part of the offence, or any result of it, occurred, and to the place where the victim was. A victim in Baghdad can complain to the local investigating judge even if the fraudster is in Basra. Fraud is not among the offences for which article 3 requires a complaint, except where the offender is the victim's spouse, ascendant or descendant.
What to file
Transfer receipts or a statement showing the sum, recipient and date; the receiving wallet or account number; screenshots of the advert or page before deletion, with the link; the full chat; and the phone number used. The earlier the complaint, the better the chance of tracing the money before it is withdrawn. See Electronic evidence before the investigating court.
Verification codes and stolen accounts
When someone gives a verification code to a fraudster who takes over the account and then asks the owner's friends for money in his name, there are several victims. The friends who paid are victims of fraud by false name, and the owner is a victim of the takeover. See Hacked account or phone complaint and Impersonation and fake accounts.
Getting the money back
The victim may bring a civil claim before the criminal court under article 10 of the Criminal Procedure Code, seeking return of the sum alongside the penalty. Under article 9 a written complaint includes the civil claim unless the complainant says otherwise. Article 310 returns seized proceeds of an offence to the person they were taken from.
Legal basis and sources
- Penal Code No. 111 of 1969 (Official Gazette No. 1778 of 15/12/1969) — Articles 456, 460 and 461
- Criminal Procedure Code No. 23 of 1971 (Official Gazette No. 2004 of 31/5/1971) — Articles 3, 9, 10, 53 and 310
Frequently asked questions
Does online fraud need a complaint?
No, except where the offender is the victim's spouse, ascendant or descendant, under article 3 of the Criminal Procedure Code.
The fraudster is in another province. Where do I complain?
Investigation may take place where the victim was or where the result occurred, under article 53.
Is the owner of the receiving wallet liable?
He may be under articles 460 and 461 if he knew, or should have believed, the money came from an offence.
Related topics and articles
- 01Hacked Account or Phone ComplaintWhat to do in Iraq when an account or phone is hacked: the provisions that apply to what the intruder does, complaining to the investigating judge, jurisdiction, production orders and technical expertise.
- 02Impersonation and Fake AccountsFake accounts and online impersonation under Iraqi law: impersonating a public office, fraud by false name, forgery and fake official letters, and defamation from fake accounts.
- 03Electronic Evidence before the Investigating CourtHow screenshots, chats and recordings are presented to an investigating judge in Iraq: the court's conviction, technical expertise, production orders, electronic document conditions and preserving evidence.
- 04Online Threats and ExtortionHow the Iraqi Penal Code handles threats and extortion by phone and social media: articles 430, 431, 432 and 452, the complaint and its deadline, preserving evidence, and reconciliation.
- 05Online Defamation and InsultDefamation, insult and smearing on Facebook, TikTok and WhatsApp under articles 433 to 436 of the Iraqi Penal Code: the difference, publicity, proving truth, the three-month complaint and compensation.