In continental criminal law, the criterium of disposition of the victim on its patrimony plays a decisive role, important for the separation of theft and fraud. This publication is the first since decades, analysing, on a comperative basis, the relationship betwenn theft and fraud, aiming at a new model of fraud on EU-level. Thus, the publication will influence the dogmatic discussion and also decisions of German highcourts which have extended the German provision on fraud too much so that this German provision is the largest one in Europe.