We understand that fraud is committed by someone who for profit uses deception enough to cause others to commit the deception blame. This causes them to commit an act that harms themselves or others.
It is because of that Here we are going to tell you everything you need to know about fraud in the criminal law. So we suggest that you stay until the end and learn everything about this topic.
Elements of fraud
Deception is a very important element of fraud, must be sufficient to mislead. At the same time cause the disposal of the property highlighting the need for such conduct to be accompanied by conspiracy or deception.
Deceiving another person can also be the subject of fraud. The subject of the misunderstanding in this case must have a protective status for the victim, that is, the subject with the legal obligation to protect.
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The act of disposing of property It can include the delivery or packaging of an object as well as the provision of a service. Let us take an example of a fraud committed by a manager through many deceptions to obtain services from a doctor with the intention of paying.
The uncle performs the act of disposing of assets because it involves performing acts of economic value. With the desire for profit it is understood that the persecution of interests that are obtained through the appropriation of something of economic value, that is, economic advantage.
The doctrine and jurisprudence require that among the various typical elements of fraud there must be a causal relationship for fault to be the result of the act of deception. Just as the alienation of assets is a consequence of errors and damages.
Fraud is only committed if there is conscious fraud and intention to deceive others causing economic damage to oneself or a third party. For example, if the author was not aware of the deception, we would not be facing a scam.
Finally the Crime of fraud is complete when the subject misrepresents the act of alienation of property and thus the author obtains the act of alienation of other people's property.
Types of fraud
To impose this sanction, the aforementioned provision specifies that the amount of the fraudster the economic damage caused to the injured party the relationship between the fraudster. In addition, the relationship of the fraudster with the means used by him and all other circumstances must be taken into account when evaluating the seriousness of the crime.
Having analyzed the basic type of Penal Code after the reform of Law 12015 including the aggravating crimes of fraud in article 250 of the aforementioned Code.
It is carried out by abusing another's signature or by concealing or totally or partially invalidating any process, file, protocol or public or official document of any nature. This could be a case of challenging charges of fraud and lies.
These are assets that constitute artistic, historical, cultural or scientific heritage. Journal of special severity taking into account the nature of the damage and the economic situation in which the victim or his family finds himself.
- It is committed with the use of personal relationships between the victim and the scammer or the subsequent abuse of their business or professional reputation.
- is committed procedural fraud including the manipulation of evidence in judicial proceedings.
- A repetition occurs. It will occur when the law determines that the offender is guilty of at least three counts of fraud (articles 258 to 256). For these purposes, subscriptions that have been canceled or that should have been canceled are not taken into account.
If one of these cases occurs, the Penal Code sanctions imprisonment of one year to six years and fines of six months to twelve months. If you agree with any circumstance aggravating (article 250.2 of the Penal Code) will be sentenced to between four years and eight years in prison and a fine of between twelve and twenty-four months.
All of this when the crime of fraud involves basic necessities, housing or other basic necessities, housing or other social benefit assets, and simultaneously:
Special diary taking into account the victim and the economic circumstances in which he left the victim or his family. There is abuse of a personal relationship between the victim and the scammer or the scammer takes advantage of their business or professional reputation.
In the event that the scam exceeds 250,000 euros and also affects a large number of people, we believe that the aggravating framework can be applied.