What Should I Do If I Have Been Defrauded by an Online Store?
Translation of the attached article:
Due to the spread of online stores and the fact that many people deal with them, some individuals may be exposed to fraud by these stores in one form or another. This is considered a serious crime that the Saudi legislator has addressed by establishing deterrent penalties in the relevant laws, in order to punish anyone who operates an online store for the purpose of fraud and deception.
If you have been defrauded by an online store, we will explain here the procedures you should take to recover your money and punish the offender, in addition to explaining the legal provisions that state the penalty for fraud and deception, which support your position if you have been exposed to online fraud.
What Should You Do If You Have Been Defrauded by an Online Store?
If you have been defrauded by an online store, you can file a report against this store by following some simple electronic steps, as follows:
- Access the Ministry of Commerce electronic platform or the Commercial Report application, as these platforms aim to facilitate the filing of reports against online stores.
- After logging into the platform, select the type of report you wish to submit, such as fraud, receiving a product that does not match the specifications, or delay in product delivery. The details of the problem must be explained accurately to ensure that the complaint is resolved quickly.
- The complainant must submit the necessary evidence to support the complaint, such as invoices, product images, or email messages exchanged between them and the store.
- After filing the report, you can follow up on the complaint status on the platform, check whether the competent authorities have started the investigation, and see what procedures have been taken in this regard.
Elements of the Crime of Fraud Under Saudi Law
There are three essential elements that must be present in the crime of fraud. These elements are as follows:
The Legal Element:
The legal element is represented by the existence of a statutory or Sharia provision that criminalizes the committed act and determines its penalty. The Anti-Financial Fraud and Breach of Trust Law clarified this through clear articles that criminalize fraud and establish deterrent penalties for it.
The Material Element:
The material element is represented by the act committed by the offender. This includes any fraudulent conduct targeting another person’s money without right, through lying, deception, or misleading the victim to obtain unlawful financial gains.
This element is established through acts such as manipulating documents, providing misleading information, or using unlawful means to obtain financial gains.
The Moral Element:
The moral element is the offender’s criminal intent. It means that the offender committed the fraudulent act with conscious intent to obtain unlawful financial gains, whether for themselves or for another person.
The offender must have fraudulent intent to achieve unlawful financial gains by exploiting the victim.
Penalty for Fraud by Online Stores Under Saudi Law
Saudi law has established deterrent legal provisions clarifying the penalty that applies if you are defrauded by an online store.
Article (1) of the Anti-Financial Fraud and Breach of Trust Law states:
“Anyone who unlawfully takes another person’s money by committing one or more acts involving the use of any fraudulent method, including lying, deception, or illusion, shall be punished by imprisonment for a period not exceeding seven years and a fine not exceeding five million riyals, or by either of these two penalties.”
This article is considered the statutory basis for the crime of financial fraud in Saudi Arabia and includes all forms of fraud, whether committed through traditional or modern means.
It applies to cases of fraud by online stores when the offender lures the victim through fake offers, false information, or misleading them into believing that unreal products or services exist, then unlawfully takes their money.
You can learn the necessary legal steps through the article on how to file a fraud and deception lawsuit.
Article (4) of the Anti-Cybercrime Law also states:
“Any person who commits any of the following cybercrimes shall be punished by imprisonment for a period not exceeding three years and a fine not exceeding two million riyals, or by either of these two penalties:
1- Unlawfully appropriating movable property, a document, or the signature of such document for themselves or for another person, through fraud, using a false name, or impersonating an incorrect capacity.”
This article applies to crimes committed using modern technology, such as the internet, applications, and online stores.
It applies when fraud is committed through creating a fake online store, using a false trade name, or impersonating a known store with the aim of deceiving customers and unlawfully taking their money.
This crime is considered an independent cybercrime, and the penalty stated in it may apply alongside the penalty stipulated in the Anti-Financial Fraud Law if the elements of each crime are present separately.
If you want to understand the legal consequences of this crime in terms of public right, you can also read our article on public right in fraud and deception cases.
The Importance of Hiring a Lawyer in Online Store Fraud Cases
If you are looking for the best lawyer specialized in cybercrime cases, contracting with Nawaf bin Awad Al-Harbi Law Firm will be your most suitable option, because you will deal with a group of the best lawyers specialized in this field.
They have broad and diverse experience in the various laws and regulations in the Kingdom and any amendments made to them, which gives you confidence in obtaining the best results and being protected from any risks you may face as a result of exposure to cybercrimes.
Below, we explain the advantages that make working with the lawyers in our firm a suitable choice:
- They have legal, technical, and technological knowledge in investigating and handling various cybercrimes.
- They seek to protect their clients’ rights and ensure that accused persons receive fair and just legal treatment.
- They have the ability to verify the validity of electronic evidence used against you.
- They legally represent the victim before the relevant authorities and present strong and convincing legal arguments to defend your rights throughout the various stages of the case.
- They provide appropriate legal advice to individuals and companies on how to protect themselves and their clients from different cybercrimes and how to act if they are exposed to them.
Contact us now with the best criminal cases lawyer to receive specialized legal support that helps you properly handle online fraud crimes, protect your rights, and claim recovery of your money.
Conclusion
Thus, we have explained what you should do if you have been defrauded by an online store. The legislator has established deterrent penalties for online fraud and fraud in general due to the seriousness of this crime for individuals and society. Legal provisions clarify the penalties prescribed for this crime, and we have explained them in this article.
If you want to learn about the regulatory framework governing these crimes, you can also read the executive regulations of the Financial Fraud Law.
Frequently Asked Questions
What is electronic fraud?
Saudi law defines electronic fraud as using modern communication methods to carry out fraud and deception through deceit and falsification, with the aim of achieving personal gains, harming someone, or stealing information.
What should you do if you are exposed to electronic fraud?
If you are exposed to electronic fraud, you can access the Ministry of Interior website, select the Public Security icon, then click the cybercrime report option, choose the type of report, enter the required information, click submit, and keep the report number.
Can I get my money back after fraud?
Yes, money can be recovered after electronic fraud, but this depends on several factors, such as how quickly the competent authorities are notified and whether digital evidence exists, such as transfer records or bank statements.