In Spanish law, fraud (estafa) means using sufficient deception, with intent to profit, to induce another person into a disposition of assets that causes them loss. It is set out in articles 248 to 251 of the Criminal Code, among offences against property and the socioeconomic order, alongside figures such as money laundering in Spain. Basic fraud, where the amount exceeds EUR 400, carries six months to three years in prison.

What fraud is and its elements

Fraud requires, in this order: a prior and sufficient deception, an error in the victim caused by it, a disposition of assets and an economic loss. The sequence is decisive: the deception must be prior to and the cause of the handover. If money changed hands for another reason and the problem arose later, there is usually no fraud.

Minor and basic fraud: the EUR 400 threshold

The amount sets the line. Below EUR 400 it is a minor fraud, punished with a fine; above it, basic fraud under article 249, with six months to three years. Repeated defraudations under a single plan are treated as continued fraud (article 74), which raises the penalty.

Penalties and aggravating factors

Basic fraud runs from six months to three years. Article 250 raises it to one to six years plus a fine where, for instance, it affects housing or essential goods, involves abuse of personal relations, or the amount exceeds EUR 50,000. Several factors together reinforce the charge.

Computer fraud and procedural fraud

Computer fraud (article 249, reformed in 2022) covers defraudations through computer manipulation, such as unauthorised transfers or phishing. Procedural fraud occurs when a judge is deceived with manipulated evidence. In both, electronic evidence and chain of custody are common grounds of challenge.

Fraud vs misappropriation

The distinction changes the offence and the penalty. In fraud the deception is prior and triggers the handover; in misappropriation the item is received lawfully and the duty to return it is later breached.

How a fraud charge is defended

An effective defence usually attacks three fronts: that there was no sufficient deception, that intent to profit is missing, or that the matter is a civil breach, not a criminal one. The line between ordinary business risk and punishable deception is narrow, and the validity of the evidence can decide the case.

Frequently asked questions

From what amount is fraud a crime?

Any fraud is an offence; what changes is its seriousness. Up to EUR 400 it is a minor offence (a fine); above that it is basic fraud, with six months to three years in prison.

What is the difference between fraud and misappropriation?

In fraud there is prior deception that triggers the handover; in misappropriation you lawfully receive something and then fail to return it. The classification changes the penalty.

Is failing to pay a debt fraud?

Not by itself. Non-payment is usually a civil breach; it is only fraud if there was prior deception aimed at obtaining the money.

Does fraud always end in prison?

No. Minor fraud is punished with a fine, and basic fraud allows alternatives to prison depending on the circumstances and record.

If you are investigated or charged with fraud in Spain, review your defence with a criminal lawyer specialised in economic crime.