Both crimes are found in Chapter VI of the Criminal Code which refers to fraudulent offenses. Both fraud and embezzlement are two types of fraud, which consist of obtaining an economic benefit to the detriment of another person. In this article, we will explain the difference between fraud and embezzlement crimes in a clear and simple manner.
The Criminal Code differentiates fraud and embezzlement as two crimes with different behaviors, despite the prison sentences being the same. Although it may seem the same, these are two completely different crimes. Therefore, knowing the difference between fraud and embezzlement crimes will play an important role in the court’s verdict, whether conviction or acquittal.
What is the crime of fraud?
Fraud is regulated in articles 248 to 251 of the Criminal Code. This crime is committed when a person uses deception or manipulation to obtain an economic benefit to the detriment of another. The key element in fraud is deception: the perpetrator induces the victim to make an erroneous decision that causes them financial harm.
An example would be a person selling a product that does not exist through the internet, making the victim believe they will receive that product. When the victim hands over the money, they discover they have been deceived. In Spain, computer fraud is very common through
Are you in a similar case and need a lawyer?
Difference between fraud and embezzlement
Despite both crimes having in common the fact that a person unlawfully keeps someone else’s property or money, the Criminal Code differentiates fraud and embezzlement by referring to the core element of each crime.
The core elements of each crime that help us see the difference between fraud and embezzlement. That is: deception vs breach of trust.
While in the crime of fraud the financial attack is carried out through the use of deception, which achieves an economic benefit. In the crime of embezzlement, it originates from the abuse of trust already deposited, who decides to keep the property breaking the trust of the victim. Therefore, the difference between fraud and embezzlement crimes lies in how the fraud occurs, since in embezzlement it is necessary that we are previously entrusted with a property and in the crime of fraud one must deceive the other person to obtain enrichment.
How can a lawyer help you if you have been a victim of fraud or embezzlement?
If you have been a victim of fraud or embezzlement, a lawyer specialized in economic crimes can be key to recovering what belongs to you. A professional in this field will help you claim your money or property effectively, ensuring that s
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.