Crime of fraud

  crimes, Criminal law

The scam corresponds to the crime of lying to a third party to obtain a benefit, this is stipulated in the penal Code. The criminals of scam are stipulated in Title XIII (Crimes against Property and Socioeconomic Order), Chapter VI (Cheating), Part 1 (Fraud) of the Criminal Code, in Part 248 and thereafter. 

The basic type of this crime is compiled in article 248.1: 

They commit crimes, with profit, they will use complete deception to create another mistake, causing you to perform a handling action on the injury of our own or others. Article 248.1 of the Penal Code.

Who can operate a fraudulent crime?

 In addition to those who perform actions specified in Part 248.1 of the Criminal Code, in accordance with 248.2, the following operational objects can also commit a scam:

Are you looking for a lawyer specialized in Criminal Law?

we help you find a criminal lawyer.
We have a wide network of collaborating lawyers in all Spain.

a) persons, for profit and use, or create such work, reach non-dial transfer of any property owned for the disadvantages of other persons. 

b) The producers, introduction, property or computer programs dedicated to the scams are expected in this article. 

c) People who use credit or debit cards, or travel controls or active data in one of them, carry out activities of any kind with the cost of the owners or their father's things.

What are the penalties for fraud or scam? 

To find out how fraud is punished, you should consult the Article 249 of the Penal Code, which contains the following content:

The scamdors face prison terms ranging from six months to three years. To determine the penalty, the amount of the fraudster will be determined.

 Economic damage to the aggrieved party, the relationship between the victim and the fraudster, the means used by the fraudster and any other circumstances in which the seriousness of the breach can be assessed taking into account.

If the amount of the deception does not exceed 400 euros, there will be a fine of one to three months.

Can the penalty for cheating be increased? 

In accordance with the provisions of the Article 250 of the Penal Code, the custodial sentence will be increased from one to six years and the fine from six months to twelve months when: 

1. These are basic necessities, housing or other recognized goods useful to society.

2. This is done through the improper use of the signatures of others, or by subtracting, hiding or disabling, totally or partially, any public process, file, protocol, document or officer of any kind.

3. Related to goods that constitute an artistic, historical, cultural or scientific heritage.

4. A special magazine that takes into account the victim and the economic situation in which the victim or his family find themselves.

 5. The value of the fraud exceeds 50,000 euros or affects a large number of people.

6. This is done by abusing the personal relationships that exist between the victim and the offender. scamdor, or the scamdors take advantage of your business or professional reputation.

7th. A crime has been committed procedural fraud

Those who, in any kind of judicial process, manipulate the evidence on which they intend to base an allegation or use a similar procedural fraud in damage of a judge or court and force them to make a decision to the detriment of the economy. 

The interests of the other party or a third party.

8. When a crime is committed, the offender is convicted of at least three crimes of this chapter. Subscriptions that have been canceled or that need to be canceled will not be considered.

What can lead to fraud or scam? 

There are cases in which the scams are not true, but punishment is associated with them. The crime is called fraud.

In this sense, it should be noted that article 251 establishes prison terms ranging from one to four years for each of:

1. Whoever ascribes to a movable or immovable property the right of alienation that is lacking, either because they did not possess it before, or because they used it, abandoned it, contracted it to third parties to cause harm to a person. 

2. Any person who disposes of real estate or real estate hiding the existence of encumbrances on such property, or any person who has assigned said property free of charge.

Has concealed or otherwise rejected them prior to final delivery from Buyer to Buyer. 

3. Whoever celebrates a contract fictitious that causes harm to another person.