The crime of fraud constitutes one of the most relevant property offenses within the Spanish Criminal Code, due to its economic and social impact. In this article we will delve into the crime of aggravated fraud.
What is the crime of fraud?
The crime of fraud is committed through sufficient deception, inducing another person to error so that they perform an act of patrimonial disposition to their own detriment or that of a third party
However, the Criminal Code contemplates a series of aggravating circumstances that increase the severity of the crime and, consequently, the applicable penalty.
What is aggravated fraud?
The article 250 regulates cases of aggravated fraud when any of the following circumstances occur:
Fraud involving basic necessities, housing or other goods of recognized social utility
The penalty is aggravated when the fraud involves goods essential for life, such as food, medicines or housing. Case law has indicated that this aggravating factor only applies when the housing subject to the crime is the primary residence of the victim, and not a second home or one acquired for investment purposes.
Abuse of another’s signature or alteration of official documents
Includes cases in which the defrauder obtains
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Super-aggravated fraud in article 250.2 of the Criminal Code
The article 250.2 of the Criminal Code establishes a super-aggravation regime for fraud, imposing penalties of imprisonment from four to eight years and fine from twelve to twenty-four months in the following cases:
Concurrence of at least two of the following aggravating circumstances:
- Special gravity, considering the extent of the harm and the economic situation in which the victim or their family is left.
- Fraud exceeding 50,000 euros or affecting a high number of people.
- Abuse of personal relationships between victim and defrauder, or taking advantage of the latter’s business or professional credibility.
- Procedural fraud, consisting of evidence manipulation or any other procedural fraud that induces the judge to issue a resolution that economically harms the other party or a third party.
Concurrence of any of the previous circumstances together with the aggravating factor that the fraud involves basic necessities, housing or other goods of recognized social utility.
When the value of the fraud exceeds 250,000 euros.
This regime responds to the need to impose a more severe sanction on frauds that generate massive economic damage or affect a large number of victims. Case law has been rigorous in its application, requiring that the
Abogado penalista en Madrid (Graduado en Derecho y ADE con Máster de Acceso a la Abogacía), experto en procedimientos complejos y técnicos en Derecho Penal. Cuenta con títulos como el Curso de DerechoPenal Avanzado impartido por magistrados del Tribunal Supremo en el Iltre. Colegio de Abogacía de Madrid.