TNAG-2954-FCO40-4231-Extradition-cases-from-the-UK-and-France-to-Hong-Kong-Lorrai-1993 — Page 81

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SPITISH EMBASSY PAPIS

16 1 48 66 91 43

P.38

4.

23

ON THE REASONS INDICATED BY THE MINISTER OF FOREIGN AFFAIRS AS

JUSTIFYING THE REFUSAL

4.1

With respect to the fifth court of indictment

The fraud (escroquerie) would, according to the recourse, be an escroquerie by means of fraudulent

manoeuvres.

The offense of escroquerie implies, according to Article 405 of the Criminal Code:

[the words quoted i.e. "four elements the use of a lawful means (assuming an untrue capacity of

fraudulent manoeuvre" are not actually quoted from Article 405].

The offense of escroquerie is comm`tted by means of fraudulent manoeuvres. These must be aimed at

making believe in the existence of false enterprises, or of an imaginary power or credit, or at provoking

the hope of a success, an accident of any other unlikely event,

The escroquerie implies, secondly, the remittance of one of the items listed in Article 405, in particular

funds; the escroquerle is constituted only by the remittance (see Cassation Criminelle, 25 January 1967,

no. 39; Cassation Criminelle, 17 October 1967, B no. 252).

There must also be a causal link between the remittance and the fraudulent manoeuvres which implies

that the fraudulent manoeuvres have been made [prior to the remittance] (see in particular Cassation

Criminelle, 28th May 1954 B no. 200); Cassation Criminelle, 21st May 1990, Journal of Criminal Law

1990 p. 256 and the acknowledgement of the casual nature of the fraudulent manoeuvres on the

remittance: Cassation Criminelle, 1' July 1990 p. no. 284; Cassation Criminelle, 8th November 1988

B no. 381).