The deception must be sufficient to produce error in another, inducing him to hand over the property to his own or another’s detriment. That is to say, those cases in which there has not been sufficient deception or where the arguments are implausible, e.g. when someone tells a friend to give him money with which he is going to build a rocket for another galaxy or to create a vaccine for a non-existent virus, will fall outside the scope of criminal law.
This duty of self-protection should not be taken to the extreme of establishing in society a principle of permanent mistrust that requires exhaustive checking of all information given by the other party. Therefore, in order to measure whether the deception has been sufficient, the circumstances of the specific case and of the victim must be taken into account.
In Spain, the penalties for the crime of fraud are from 6 months to 3 years imprisonment, depending on the following criteria:
– The amount defrauded.
– The economic loss caused to the victim.
– The relationship between the victim and the fraudster.
– The means used by the fraudster.
– Other circumstances which serve to assess the seriousness of the offence.
Our lawyers specialised in fraud will analyse your case and explain the seriousness of the crime.
If the amount defrauded does not exceed 400 euros, the penalty is a fine of 1 to 3 months.
There are many types of fraud:
Types of fraud
There are many forms: trading, arbitrage, commodities, etc. and our lawyers experts in scams will explain the best strategy in your case.
Many scams have computer programmes that simulate the profitability obtained by the clients so that when the victim connects to the website with their username and password, the fake broker gives them historical data on the investment and the evolution of the different investments. This behaviour gives the appearance of professionalism in order to trick the participants.
It is essential to have a lawyer specialised in this type of financial fraud, which means with experience in criminal law but also in economic scams.
1.4.1. Dual sale
This is a modality that consists of deceiving the buyer into believing that they are the true owner of a property. In reality, the property no longer belongs to the seller because he has previously transferred it to another buyer. In this case, there is unfair enrichment because the price of the property is charged twice, to the detriment of the second buyer.
1.4.2. Sale of another person’s property
These are cases in which a subject sells a good as if it were his own property, when it is someone else’s property. The rental of such property is also an illegal act.
1.4.3. Concealing encumbrances
The last type of improper fraud covered by Art. 251 of the Spanish Criminal Code that we are going to study is the one that consists on hiding encumbrances from the buyer that are known to the seller.
It is common for this type of fraud to be committed through commercial companies such as developers or construction companies, but your experts defence lawyers and the Court must investigate who the de facto and de jure administrators of these companies are, in order to attribute responsibility to the real perpetrators.
In this respect, it is important to point out that those who participated in the specific act and those who, knowing what was going on and with the power to prevent it, consented to a criminal activity carried out in the commercial company they managed, will be liable.
– It involves basic necessities such as housing.
– It is carried out by abusing the signature of another person.
– It involves artistic, historical, cultural or scientific heritage.
– It exceeds 50,000 euros.
– If it is carried out by manipulating evidence in a procedure.
– The perpetrator is a repeat offender.
These are complex types of fraud and our fraud lawyers will explain the steps to resolve them.
Differences between misappropriation and the crime of theft
However, there are many doubtful cases:
– Valencia: a traveller who undertakes to watch a rucksack while the owner goes to the toilet.
– Barcelona: a caretaker of the property who is entrusted with the collection of rent, expenses or community fees.
– Malaga: a lorry driver who sells the contents without the owner’s consent.
– Alicante: a cashier in a supermarket or shop who takes the money from the cash register.
– Ibiza: an accountant who takes company funds.
– Mallorca: a property administrator who appropriates material entrusted to his care.
– Tenerife: a managing director of a company with company assets.
– Gran Canaria: a policeman who seizes goods and tools found in vehicles in the depot.
Differences with the crime of swindling
The penalties to be imposed are the same, from 6 months to 3 years in average cases and up to 6 years in cases where there is an aggravating circumstance.
Differences with the offence of unfair administration
Differences with the offence of misappropriation of public funds
Many of these concepts are technical, one of our expert lawyers in crimes of theft, robbery or illegal appropriation will explain the possibilities for your case.
The offence can only be committed by those who have the power to administer the assets, which makes them the guarantors of the assets.
The prison sentence is the same as for fraud, from 6 months to 3 years for average frauds and up to 6 years if there are any of the aggravating circumstances mentioned for aggravated fraud.
Finally, spouses, ascendants, descendants, siblings and first-degree relatives are exempt from criminal liability for financial crimes and can only be claimed in civil proceedings.
At Olimpa Abogados all our partners are specialists in economic crimes, submit your case to us for analysis and we will give you our opinion to advise you on the best strategy.