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Criminal Justice (Theft And Fraud Offences) Act 2001
The Criminal Justice (Theft and Fraud Offences) Act, 2001 (No. 50 of 2001) updates and consolidates the law relating to dishonesty and fraud in Ireland. The main sections of the statute include: * Theft and Related Offences *Making gain or causing loss by deception * Making off without payment *Unlawful use of computer * False accounting *Suppression of documents * Burglary * Robbery *Possession of certain articles * Handling Stolen Property and other Proceeds of Crime *Forgery Forgery is a white-collar crime that generally consists of the false making or material alteration of a legal instrument with the specific mens rea, intent to wikt:defraud#English, defraud. Tampering with a certain legal instrument may be fo ... * Counterfeiting See also * Garda Bureau of Fraud Investigation (GBFI) * Criminal Justice Act Republic of Ireland * Deception (criminal law) Republic of Ireland * Michael Fahy Misappropriation conviction References {{Reflist External links Criminal ...
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Dishonesty
Dishonesty is acting without honesty. The term describes acts which are meant to deceive, cheat, or mislead. Dishonesty is a basic feature of most offences defined in criminal law, such as fraud, which relates to the illicit acquisition, conversion, or disposal of property, tangible or intangible. English law Dishonesty has had a number of definitions. For many years, there were two views of what constituted dishonesty in English law. The first contention was that the definitions of dishonesty (such as those within the Theft Act 1968) described a course of action, whereas the second contention was that the definition described a state of mind. A clear test within the criminal law emerged from ''R v Ghosh'' (1982) 75 CR App. R. 154. The Court of Appeal of England and Wales, Court of Appeal held that dishonesty is an element of ''mens rea'', clearly referring to a state of mind, and that overall, the test that must be applied is hybrid, but with a subjective bias which "looks into ...
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Forgery
Forgery is a white-collar crime that generally consists of the false making or material alteration of a legal instrument with the specific mens rea, intent to wikt:defraud#English, defraud. Tampering with a certain legal instrument may be forbidden by law in some jurisdictions but such an offense is not related to forgery unless the tampered legal instrument was actually used in the course of the crime to defraud another person or entity. Copies, studio replicas, and reproductions are not considered forgeries, though they may later become forgeries through knowing and willful misrepresentations. Forging money or currency is more often called counterfeiting. But consumer goods may also be ''counterfeits'' if they are not manufactured or produced by the designated manufacturer or producer given on the label or flagged by the trademark symbol. When the object forged is a record or document it is often called a false document. This usage of "forgery" does not derive from Metalwo ...
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Irish Criminal Law
Ireland has no set criminal code. Instead, criminal law is set out in a diverse range of statutes and court decisions. Crime is investigated by the police force, the Garda Síochána. Serious offences are prosecuted by the Director of Public Prosecutions in the name of the People of Ireland, and are normally tried before a jury, although terrorist, and increasingly organised crime, trials are held in the juryless Special Criminal Court. All judges in Ireland are full-time and appointed from legally qualified and experienced solicitors and barristers. There are neither lay magistrate The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a '' magistratus'' was one of the highest ranking government officers, and possessed both judi ...s nor elected judges. The Criminal Justice Act 2006 established a Criminal Law Codification Advisory Committee to advise and report on codification of ...
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Acts Of The Oireachtas Of The 2000s
The Acts of the Apostles (, ''Práxeis Apostólōn''; ) is the fifth book of the New Testament; it tells of the founding of the Christian Church and the spread of its message to the Roman Empire. Acts and the Gospel of Luke make up a two-part work, Luke–Acts, by the same anonymous author. Traditionally, the author is believed to be Luke the Evangelist, a doctor who travelled with Paul the Apostle. It is usually dated to around 80–90 AD, although some scholars suggest 110–120 AD.Tyson, Joseph B., (April 2011)"When and Why Was the Acts of the Apostles Written?" in: The Bible and Interpretation: "...A growing number of scholars prefer a late date for the composition of Acts, i.e., c. 110–120 CE. Three factors support such a date. First, Acts seems to be unknown before the last half of the second century. Second, compelling arguments can be made that the author of Acts was acquainted with some materials written by Josephus, who completed his Antiquities of the Jews in 93� ...
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2001 In Irish Law
1 (one, unit, unity) is a number, numeral, and glyph. It is the first and smallest positive integer of the infinite sequence of natural numbers. This fundamental property has led to its unique uses in other fields, ranging from science to sports, where it commonly denotes the first, leading, or top thing in a group. 1 is the unit of counting or measurement, a determiner for singular nouns, and a gender-neutral pronoun. Historically, the representation of 1 evolved from ancient Sumerian and Babylonian symbols to the modern Arabic numeral. In mathematics, 1 is the multiplicative identity, meaning that any number multiplied by 1 equals the same number. 1 is by convention not considered a prime number. In digital technology, 1 represents the "on" state in binary code, the foundation of computing. Philosophically, 1 symbolizes the ultimate reality or source of existence in various traditions. In mathematics The number 1 is the first natural number after 0. Each natural numbe ...
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Michael Fahy
Michael Fahy (1951 – 2 April 2019) was an Irish farmer, and a Fianna Fáil and sometime Independent member of Galway County Council. From Ardrahan and first elected to the council in 1979, he resigned from Fianna Fáil in 2004 when under investigation for misappropriation of funds from the council. He served a prison sentence for this in 2007, but his conviction was overturned in 2011. He rejoined Fianna Fáil in 2018. Early career Fahy owned a 70-acre farm and prior to his trial worked as a salesman for New Ireland Assurance. He was appointed a Peace Commissioner in 1978, and was on the visiting committee of Limerick Prison until 2004. He ran in Galway West as an independent in the 1987 general election, but later rejoined Fianna Fáil. In the 2004 local elections, Fahy was criticised for using thousands of prepaid Oireachtas envelopes to write to voters. He said "I wanted to show I had the support of the Oireachtas members and if I hadn't done it like the other candida ...
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Criminal Justice Act
Criminal Justice Act (with its many variations) is a stock short title used for legislation in Canada, Malaysia, Ireland and the United Kingdom relating to the criminal law (including both substantive and procedural aspects of that law). It tends to be used for Acts that do not have a single cohesive subject matter. The Bill for an Act with this short title will have been known as a Criminal Justice Bill during its passage through Parliament. Criminal Justice Acts may be a generic name either for legislation bearing that short title or for all legislation which relates to the criminal law. It is not a term of art. See also Criminal Law Act and Criminal Law Amendment Act. List Canada *The '' Youth Criminal Justice Act'' (2002, c.1) Malaysia *The Criminal Justice Act 1953 Ireland *The Criminal Justice (Evidence) Act 1924 (No.37) *The Criminal Justice (Administration) Act 1924 (No.44) *The Criminal Justice Act 1951 (No.2) *The Criminal Justice Act 1960 (No.27) *The Crimin ...
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Garda Bureau Of Fraud Investigation
The Garda National Economic Crime Bureau (GNECB; formerly Garda Bureau of Fraud Investigation/GBFI) – informally known as the ''Fraud Squad'' – is a specialised division of Ireland's national police force, the Garda Síochána, that investigates economic crimes. The Bureau operates as part of the ''Garda Special Crime Operations'' branch and works alongside other sections of the force, as well as the external Office of the Director of Corporate Enforcement (ODCE), an agency tasked with investigating white-collar crime. The Economic Crime Bureau is responsible for the investigation of serious financial fraud and corruption. It was established in April 1996 and is based at Harcourt Square, Dublin 2. The GNECB is headed by an officer of Detective Chief Superintendent rank, who reports to the Assistant Commissioner of Special Crime Operations. The Economic Crime Bureau investigates serious and complex cases of commercial fraud, money laundering, terrorist financing, cheque and ...
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Counterfeiting
A counterfeit is a fake or unauthorized replica of a genuine product, such as money, documents, designer items, or other valuable goods. Counterfeiting generally involves creating an imitation of a genuine item that closely resembles the original to deceive others into believing it is authentic. Counterfeit products are often made to take advantage of the higher value of the original product, typically using lower-quality materials or production methods. Counterfeit food, drinks, medicines, and personal care products can contain harmful or inactive ingredients, causing anything from mild issues to serious, life-threatening ones. Counterfeit footwear, clothing, and accessories have been found to contain high levels of lead, arsenic, and phthalates. Forgery of money or government bonds Counterfeit money is currency that is produced without the legal sanction of the state or government; this is a crime in all jurisdictions of the world. The United States Secret Service, mostly k ...
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Handling Stolen Goods
Possession of stolen goods is a crime in which an individual has bought, been given, or acquired stolen goods. In many jurisdictions, if an individual has accepted possession of goods (or property) and knew they were stolen, then the individual may be charged with a crime, depending on the value of the stolen goods, and the goods are returned to the original owner. If the individual did not know the goods were stolen, then the goods are returned to the owner and the individual is not prosecuted. However, it can be difficult to prove or disprove a suspect's knowledge that the goods were stolen. Nature of offence by country Canada The Criminal Code specifies three offences: :* Possession of property obtained by crime (s. 354) :* Trafficking in property obtained by crime (ss. 355.2)''Criminal Code'', ss. 35 ...
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Fraud
In law, fraud is intent (law), intentional deception to deprive a victim of a legal right or to gain from a victim unlawfully or unfairly. Fraud can violate Civil law (common law), civil law (e.g., a fraud victim may sue the fraud perpetrator to avoid the fraud or recover monetary compensation) or criminal law (e.g., a fraud perpetrator may be prosecuted and imprisoned by governmental authorities), or it may cause no loss of money, property, or legal right but still be an element of another civil or criminal wrong. The purpose of fraud may be monetary gain or other benefits, such as obtaining a passport, travel document, or driver's licence. In cases of mortgage fraud, the perpetrator may attempt to qualify for a mortgage by way of false statements. Terminology Fraud can be defined as either a civil wrong or a criminal act. For civil fraud, a government agency or person or entity harmed by fraud may bring litigation to stop the fraud, seek monetary damages, or both. For cr ...
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Robbery
Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or use of fear. According to common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear; that is, it is a larceny or theft accomplished by an assault. Precise definitions of the offence may vary between jurisdictions. Robbery is differentiated from other forms of theft (such as burglary, shoplifting, pickpocketing, or car theft) by its inherently violent nature (a violent crime); whereas many lesser forms of theft are punished as misdemeanors, robbery is always a felony in jurisdictions that distinguish between the two. Under English law, most forms of theft are triable either way, whereas robbery is triable only on indictment. Etymology The word "rob" came via French from Late Latin words (e.g., ''deraubare'') of Germanic origin, from Common Germanic ''raub'' "theft". Types ...
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