Der Schutz des Einfältigen durch den Betrugstatbestand.

»The Protection of Credulous Individuals through the Criminal Offence of Fraud«In Germany, there is a controversy whether the offence of fraud, Sec. 263 of the German Criminal Code, can be applied in cases where the victim was extremely credulous or negligent, particularly with respect to so called subscription traps, invoice-like offer letters, etc. The study analyses relevant opinions in German literature and case law and investigates possible implications of the EU-law principle of the reasonably well-informed, reasonably observant and circumspect average consumer.