He Crime of fraud is understood as a deception for profit, according to the penal Code from Spain. This act introduces the provision to the detriment of oneself or others, its elements are established in the article 248.
He Crime of fraud it also includes fraud, crime against property and the socioeconomic order. With the profit motive the defendant uses manipulation to obtain a patrimonial asset.
This involves the manufacture and position of Software that are intended to carry out scams.
Elements that constitute the crime of fraud in Spain
The use of debit or credit cards that carry out operations against the heritage of the owner is considered a scam. This clarifies the meaning of the legal good in order to protect heritage.
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The law makes a specification regarding the consummated consideration of the crime when the damage occurs patrimonial. The crime is extended to the field of assets to protect good faith or the relations trusted.
Deception is one of the elements used during the stage of the scam. The capacity must lead to error and the patrimonial disposition so that a machination fraudulent.
When a subject is misled, this commission is considered as a Crime of fraud. The one who induces the error has a position of guarantor vis-à-vis the victim.
When considering the act of provision patrimonial should be understood as consisting of delivering or recording something. In this sense the scam for profit is one where it is sought to obtain an advantage patrimonial.
The economic benefit is the object for appropriation by the Crime of fraud. On these different topics of crime of fraud the jurisprudence determine certain elements.
Conception of the types of fraud crimes in Spain
There is only the Crime of fraud if the fraud persists, the will and conscience in the process of deception. In this case the damage will be done patrimonial to a third person.
In it Crime of fraud it is necessary to consider the moment in which the scam is consummated. In this situation, the arrangement is obtained patrimonial from a third party.
Article 249 of the Penal Code is the one that stipulates the elements of punishment in the Crime of fraud. The aforementioned penalty is 6 months to 3 years in prison.
The period of the penalty will depend on the amount defrauded in addition to the amount of the bankruptcy economic. These elements should consider the relationship that was maintained between the injured and the swindler.
The media and tools used to defraud will be considered in fixing the penalty in addition to other circumstances. If the total amount of disappointed does not exceed €400, the fine is from 1 to 3 months.
Reform in the crime of fraud in Spain
He code penal considers the reform of the Organic Law of 1/2015, in article 250 the aggravated.
It will be taken into account when the Crime of fraud falls on basic necessities. This includes homes and other types of estate social.
When perpetrated by abusing the signature, substituting or rendering useless a file or a document public. In these cases you can link the Crime of fraud and the crime of falsehood depending on the circumstances.
It is applied when the crime of fraud falls on estate of artistic, historical or cultural heritage. It will be taken seriously when the prejudice affects the economic situation of the victim and his family.
Also considered are cases of defraud when they exceed €50,000 and affect a large number of people. He abuse in the personal relationships that exist between the victim and the fraudster severity will increase.
If he swindler manages to manipulate the evidence in a judicial proceeding has criminal weight aggravated. If the fraudster concurs to reoffend this crime, articles 248 to 256 are taken into consideration.
He code penal punishes all these circumstances with 1 to 6 years in prison and a fine of 6 to 12 months. Article 250.2 stipulates the aggravated modalities of the crime of scam.
In this circumstance, the penalty of prison four to eight years. Where a fine of twelve to 24 months will be added depending on those elements that make up the crime.
The gravity It will depend on the economic damage entity in which the victim is left with the scam. The value of the fraud must exceed €50,000 or affect several people.
If the fraudster takes advantage of the credibility business or professional to defraud your victim will have an aggravated In these same circumstances, macro scams are added when they exceed €250,000
Most common types of fraud crimes in Spain
Currently there are many ways to produce scams over the Internet. One of the most common cases is the scam of the nazarene, where the deception of suppliers is carried out.
He sale rudder of products by Internet talks about coverage of non-existent products. Buyers are attracted by the prices, then the order is paid, but the product does not arrive.
In Spain it is usual housing rental scam, where a home is rented without owning it. Which produces a double problem when having to face the real owner.
The scam through the poisoning meals in hotels to obtain a compensation. These cases are often used by the media to spread the rumor.
The scam of contract abroad it is worth accepting the victim's request. At the time of beginning the procedures, the Payments, but over time it is discovered that the offer does not exist.
The nigerian letter It is done through email where the excuse of inheritance is used. It seeks to obtain money through false documentation.
Before the simulation of traffic accidents involving pedestrians, this scam is used to collect the injuries. The goal is to try to settle immediately and not take the case to court.