How to share the lottery ticket so my friend doesn't keep my share
Do you have a shared lottery ticket? Every December 22nd, families, friends or coworkers share tickets for the Christmas Lottery drawing, known as «El Gordo» de Navidad, hoping that their number will be a winner. But, have you ever wondered what could happen if you keep a shared lottery ticket and decide not to split the prize?
Sharing a lottery ticket with family, friends or coworkers is a common practice in Spain, with the drawing date being one of the most anticipated moments of the year. However, when a shared ticket wins, disputes can arise that even lead to criminal charges. Keeping a shared lottery ticket and not splitting the prize can constitute a crime of misappropriation, according to the Penal Code. This article explains what to do if you find yourself in this situation and how to face the possible legal consequences.
What is the crime of misappropriation in the context of the lottery?
Article 253 of the Penal Code regulates the crime of misappropriation. If you want to learn more in depth about the crime of misappropriation you can read two articles where we explain the crime in detail:
Do you want to know how to share a lottery ticket to avoid problems?
Do you want to know more about the crime of misappropriation?
What are the consequences of keeping a shared lottery ticket?
If you have collected the entire prize from a shared lottery ticket and have not split it, you could face the penalties established in article 253 of the Penal Code.
The penalty for misappropriation if you do not share the lottery prize could reach prison sentences of 1 to 6 years when the value of what was defrauded exceeds €50,000 or it was committed with abuse of personal relationships.
If two prizes had been shared, and the defrauded value exceeded €250,000 the penalty for misappropriation for not sharing a lottery ticket could reach prison sentences of 4 to 8 years.
Tips on how to share the lottery ticket
How to avoid problems when sharing a lottery ticket?
If you plan to share a lottery ticket with friends, family or coworkers, it is essential to take precautions to avoid misunderstandings or possible conflicts in case the ticket wins. Here we leave you a list of tips:
Formalizing the agreement in writing can save you many problems in the future. This document, although it need not be complex, should include clear and detailed information such as:
- Participant data: Full names, national ID numbers and any data that allows them to be identified unequivocally.
- Participation percentage: Indicate what part of the ticket and prize corresponds to each person. This avoids disputes about who
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.