摘要：The sustained development of the insurance market and the constant rise of cases that require insurance mandatorily have also determined a rise in cases where people commit fraud against their insurance companies in order to gain unjust patrimonial benefits. In this context, the legislator has incriminated insurance fraud distinctly as an offence, which has been dismissed by some authors who consider that the previous disposition on fraud also covered this hypothesis. Insurance fraud is the object of art. 245 of the Criminal Code regarding the insurance of personal possessions (par. (1)) and life and health insurance (par. (2)), the present paper seeking, among others, to analyze the necessary conditions for them to qualify as such, the sphere of subjects involved in the offence, aspects regarding attempt at fraud and its position faced with the offence of fraud.
