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This paper analysis the legislative approaches on criminalizing fraud in insurance contracts. As a Principle, criminal law does not interfere in the civil contractual relations. In sometimes, this interfering is to be essential to protect the insurance as an economic, consumer and social interest. Fraud in insurance contracts is prevalent and has connected to many other criminal behaviors like, murder, assault, arson, damage, forgery, money laundering and others. There are two major legislative approaches in criminalizing insurance fraud: first, is considered insurance fraud as a particular crime of fraud, the German Criminal Law has adopted this view. According to the Article 265 of the German Penal Code, insurance fraud committed, whosoever damages, destroys, impairs the usefulness of, disposes of or supplies to another an object which is insured against destruction, damage, impairment of use, loss or theft in order to obtain for himself or a third party a payment from the insurance. Insurance fraud in German criminal law is a “conduct crimes no evidence of a result is required. The crime can also have committed by omission or concealing facts or documents. The Second legislative approach, considers the general fraud’s crime can cover the insurance fraud. This approach is divided into two categories: first adopted very narrow concept of fraud: it is a result crime, so we need to prove particular result is to obtain money, just conduct is not sufficient. Mere lies, claims, omission, hiding and concealing facts or documents are not sufficient. Egyptian and Emirate penal code have adopted that definition of fraud. The second category expands the scope of fraud, it includes the intent to obtain a fraudulent outcome from an insurance process. This may occur when a claimant attempts to obtain some benefit or advantage to which they are not otherwise entitled, or when an insurer knowingly denies some benefit that is due. The USA code has adopted this definition of fraud, mere false claim is sufficient. The study shows the need of Egyptian and Emirati criminal law to reform the provision of the defraud by expanding its scope, and the need to create particular insurance fraud crime.
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