When you receive a summons as a suspect in a fraud case that you did not commit, you are likely a victim of identity theft.
In 2023, cybercriminals committed 470,388 computer fraud cases in Spain; therefore, we must be very careful with the information we share online.
What is the crime of identity theft?
Identity theft consists of publicly assuming another person’s appearance and identity to obtain benefits through deception.
To commit an identity theft crime, it is necessary to assume another person’s identity, deceiving third parties into believing that one is actually that person.
This conduct involves fraudulent use of unauthorized personal information and data, with the objective of obtaining benefits or committing crimes.
The Criminal Code criminalizes this conduct in article 401 under the name of usurpation of civil status. This provision punishes whoever usurps another’s civil status, that is, whoever impersonates another person continuously and completely in legal transactions.
The penalty for identity theft would range from 6 months to 3 years of imprisonment.
How is an identity stolen?
What criminal consequences can the victim of identity theft face?
Someone who appropriates another person’s identity generally does so to commit other types of crimes, including fraud, to hide their trail and have criminal responsibility fall on the person whose identity has been stolen.
On numerous occasions, authorities have prosecuted victims for fraud in various cities due to identity theft, one of the most frequent crimes on second-hand buying and selling platforms such as Wallapop, Vinted, Facebook and other similar portals.
The identity theft victim could face penalties for fraud crimes that could reach up to 5 years in prison, if the actual perpetrator had committed them affecting a large number of people, or the amount defrauded exceeds €50,000.
Currently, one of our clients faces a sentence of up to 10 years in prison due to two different proceedings, in which more than €100,000 has been defrauded in each case, affecting a wide number of victims.
If you are a victim of identity theft and have been charged with fraud, it is very important to establish a defense strategy together with your defense attorney. You must present all necessary evidence that demonstrates your innocence and proves that you were the subject of identity theft.
What should I do if I have been charged with fraud and my identity was stolen?
I am Víctor Ávila, a criminal defense attorney and I want to help you.
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.