What is considered fraud in Spain?

The fraud offense is, simply explained, a deception caused by an individual, for personal gain.

Often, such a deceitful activity is used to gain advantage over an individual, for an illegal benefit.

Where is the fraud offense regulated, in Spain?

The fraud offense is regulated in article 248 of the Spanish Criminal Code, according to which:

“Fraud is committed by anyone who, with intent to profit, uses deception sufficient to mislead another person, inducing him to carry out an act of disposition to his own or another’s detriment.”

Key questions about fraud:

From the above legal definition of fraud, we can assert that there are 3 key questions upon which fraud is committed, in Spain:

  1. The perpetrator obtains an individual benefit.
  2. The use of deception is sufficient to mislead another person, inducing him / her to carry out an act of disposition.
  3. Cause detriment to the victim, as a consequence of such a disposition act.

Legal consequences of fraud, in Spain:

Article 248 of the Spanish Criminal Code establishes what are the legal consequences of fraud, for the offender.

In this regard:

“Fraud offenders shall be punished for imprisonment for a term of six months to three years.”

Certainly, the Spanish Criminal Code establishes that account must be taken of all circumstances, in order to determine imprisonment for the fraud offender.

Among such circumstances, the Spanish Criminal Code relates to the following, although many other may be taken into consideration:

  • The amount defrauded, 
  • The financial loss caused to the injured party, 
  • The relationship between the injured party and the fraudster, 
  • The means used by the latter and any other circumstances that may serve to assess the seriousness of the offense.”

If the amount defrauded is under 400 euros, we are before a minor fraud offense. In this case, there is no imprisonment, but a fine payment.

In a later post, we will explain other circumstances in which fraud is committed.

If you believe you have been a victim of fraud, do not hesitate to contact a solicitor in KAPLAN LEGAL, we have long- standing experience fighting fraud crime, in Spain.