Article 257 of the Penal Code

  Penal Code

1. Shall be punished with prison terms of one to four years and a fine of twelve to twenty-four months:

1.º The one who rises with his goods in damage from your creditors.

2nd Who, with the same purpose, performs any act of patrimonial disposition or generator of obligations that delays, hinders or prevents the effectiveness of a embargo or of an executive or enforcement procedure, judicial, extrajudicial or administrative, initiated or foreseeable initiation.

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2. Whoever performs acts of disposition, incurs obligations that reduce their patrimony or hides by any means elements of their patrimony on which the execution could be made effective, will be punished with the same penalty, with the purpose of avoiding the payment of civil responsibilities derived from a crime that he has committed or for which he should answer.

3. The provisions of this article shall apply regardless of the nature or origin of the obligation or debt whose satisfaction or payment is attempted to be evaded, including the economic rights of workers, and regardless of whether the creditor is an individual or any legal person, public or private.

Notwithstanding the foregoing, in the event that the debt or obligation to be avoided is governed by public law and the creditor is a public legal person, or in the case of pecuniary obligations derived from the commission of a crime against the Public Treasury or Social Security, the penalty to be imposed will be imprisonment of one to six years and a fine of twelve to twenty-four months.

4. The penalties provided for in this article will be imposed in their upper half in the cases provided for in numerals 5 or 6 of section 1 of article 250.

5. This crime will be prosecuted even if bankruptcy proceedings are initiated after its commission.

art 257 cp

Article 257 of the Penal Code Spanish refers to the basic assumptions in the crime of uplift of goods.