In criminal law, it is common for people to confuse the crimes of fraud and misappropriation. However, it is essential to understand their legal differences, as the consequences and ways to address them vary significantly. This article explains what each offense entails and how they differ.
What Is Fraud According to the Criminal Code?
Fraud is regulated under Article 248 of the Spanish Criminal Code. This offense occurs when a person uses sufficient deception to induce another to make a financial decision that causes harm. In other words, there must be an intentional lie or manipulation that leads to the delivery of money or goods.
Typical example: A real estate developer sells non-existent properties, deceiving buyers into making advance payments.
What Is Considered Misappropriation?
Misappropriation is regulated under Articles 253 and 254 of the same Criminal Code. It occurs when someone legally receives money or goods (through deposit, commission, or administration) but then decides not to return them, despite being obligated to do so.
Clear example: A real estate agency receives funds from a client for a transaction and does not return them to the rightful party.
Difference Between Fraud and Misappropriation
While both crimes affect the victim’s assets, the key difference lies in the existence of prior deception. If there is deception before the transfer of property, it is considered fraud. If there is no deception but the received assets are not returned, it is misappropriation.
This distinction is crucial when filing a complaint or planning a legal strategy.
Legal Consequences of Fraud and Misappropriation
Both crimes can result in prison sentences and financial penalties, but the severity of the punishment depends on factors such as the amount involved, aggravating circumstances, and whether the offender is a repeat offender. In complex cases, having a specialized criminal lawyer can make a significant difference.
How to Prove Fraud or Misappropriation
To classify an act as fraud, it is necessary to prove intentional deception. In contrast, to prove misappropriation, it is enough to show that the assets were received legally but not returned. Documentary evidence and witness testimony play a crucial role in these cases.
Common Cases in the Real Estate Sector
Fraud and misappropriation crimes are especially common in the real estate sector. From developers selling fake properties to agencies withholding deposits, these scenarios require thorough legal analysis and specialized defense.
What to Do If You Are a Victim
If you suspect that you have been a victim of one of these crimes, the best course of action is to contact a criminal law expert as soon as possible. This will help you understand your rights, assess the available evidence, and take effective legal action.
Contact:
Phone: +34 951 20 45 95
Email: info@toscanolex.es
Website: www.toscanolex.es
Instagram: www.instagram.com/toscanolex
Contact us today and get the support you need.
