Leaving a restaurant, gas station, taxi or hotel without paying is a “fraud of fraud”.
We also speak of “squabbling” or “free-riding”.
The perpetrator of a fraud offense risks six months in prison and a fine of €7,500.
The famous “basketball restaurant” has a more legal name. Indeed, did you know that leaving an establishment, such as a restaurant, hotel, etc., without paying, is an offense punishable by law? This is the “crime of fraud”, an offense similar to that of theft. Overall, the crime of fraud, also called “fraud” or “free riding”, concerns the following four trades: catering, hotels (if the stay lasts less than ten days), service stations and taxis. But what are we really risking? Here are some details.
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Pay your bill or risk prison?
Many tend to think that leaving a restaurant without paying is not “that serious”, that it will only impact the owner who will have a hole in his inventory or the waiter who will have to settle the bill for us. However, the director of the establishment and his employee will not be the only ones to suffer this action. Indeed, you too risk suffering harm. The offense of fraud, which is distinct from the offense of theft since the perpetrator must have been served and not helped himself, is punishable by six months in prison and a fine of up to 7,500 euros.
To be convicted, according to article 313-5 of the Penal Code, the perpetrator must meet all of the following conditions: “Having used the service of a professional (having slept in a hotel, having had a coffee, having taken a taxi, etc.); knowing that he is unable to pay or having deliberately decided not to pay for this service; be in bad faith, i.e. never intended to pay“. In addition to the penalty incurred, the perpetrator of the offense of fraud may be ordered to compensate the victim by paying damages. On the other hand, the simple attempt is not punishable by law. But is it worth Isn’t it better to pay your bill than risk prison?
A six-year statute of limitations
If the law mentions bad faith, it is because the simple negligence or imprudence of the author who simply forgot to take his means of payment, but who still had the intention of paying for the service, cannot be accused of fraud. It is also not possible to sanction the person who evades payment, even though they have the means to honor their debt: in this case, it is theft. Please note that leaving a toll without paying is “toll fraud”, punishable by a fine of 135 euros. Finally, the offense of fraud has a limitation period of six years, from the commission of the facts.
