Fraud Crime in Criminal Code – Legal Guide

What is the crime of fraud?

It is a crime against property that consists of deceiving another person to obtain an economic benefit, causing the victim economic harm due to that deception. In this article we will explain what the crime of fraud is according to the Criminal Code.

According to data from the National Statistics Institute (INE), in 2023 alone 426,744 frauds were committed in Spain, making it one of the most frequent crimes in the country.

Elements of the crime of fraud

For conduct to be considered a crime of fraud, several elements must be present that the Criminal Code establishes clearly:

• Sufficient deception: Our most recent jurisprudence has considered as sufficient deception, any deception that is sufficient to cause error in the victim, provided that it is not crude, that is, one that anyone could appreciate.
• Error in the victim: The deceived person must fall into error as a consequence of the deception. And a duty of diligence that requires detecting the deception at all times cannot be imposed on the victim.
• Act of patrimonial disposition:

  How can a fraud defense attorney help you?

  If you have been charged with fraud or are a victim of one, having the advice of an economic crimes attorney can be crucial for the outcome of the proceeding. A fraud defense attorney can help you in the following ways:

  • Personalized legal advice

    A criminal defense attorney specializing in fraud will study your case and provide you with the best means to establish a strategy that fits your case. Whether you are a victim or accused, an attorney can rely on an expert from their team to prove that you have been a victim of fraud or to demonstrate your innocence if you have not committed the crime.

  • Defense at trial: If you have been accused of fraud

    An attorney will defend your rights and ensure that the elements we mentioned at the beginning of the article are met. And if they are not, they will explain to the Judge the reasons why you are innocent or, as the case may be, have not committed the crime of fraud. In the case that you are a victim of a scam, the attorney will argue to the Judge all the facts that prove the commission of fraud by the accused and will claim the money that corresponds to you.

  • Asset recovery: If you are a victim.