Obtaining Services by Deception

Article one of the aggravating punishments of bribery, embezzlement and fraud's perpetrators act, enacted in 1989 stating the circumstances of fraud by not mentioning of fraudulently obtaining services resulted to a disputation between lawyers. Unfortunately, a judicial precedent has not yet developed and identified to resolve this problem. Of course, by considering services as a kind of property (as we concluded in this Article) Article one involves fraudulently obtaining of services beyond any doubt. On the other hand, Article 741 of the Islamic Penal Code, enacted in 2010, has expressly considered obtaining services by deception as fraud, but since the Article has limited to computer crimes, due to the rule of law principle, it cannot be extended to other crimes on the grounds of unity of criteria. A differential legislation policy with respect to computer crimes and other ones is not justified and the Article one needs to be amended. This problem has been resolved in England many years ago. At first the obtaining services by deception has been criminalized as an especial crime, and then as a case of general title of fraud and it`s Conditions, elements and punishment precisely stated by law and Judicial procedure. In Germany and France criminal law, as opposed to Egypt and Syria ones, obtaining services by deception has been criminalized, by this name(in Germany), or under general title of fraud,(in France).