Article 255 Spanish Criminal Code: Fraudulent use of electricity, gas, water and telecommunications

Article 255 punishes the fraudulent use of electricity, gas, water, telecommunications or any other element, energy or fluid belonging to another, by means of installed mechanisms, the tampering with meters or any other clandestine means.

Wording of Article 255 of the Spanish Criminal Code

Elements of the offence

1. The use of electricity, gas, water, telecommunications or another element, energy or fluid belonging to another.
2. One of the three means listed in paragraph 1, namely installed mechanisms, the malicious alteration of meters or another clandestine means.
3. The amount of the fraud, which determines whether the ordinary frame or that of paragraph 2 applies.
4. In the case of paragraph 3, the purpose of supplying installations used for the commission of the offences of Article 368.

Defence strategy

Attribution of the installation. The offence requires the fraudulent mechanism to be attributed to a determinate person. Tenancy of the premises, a change of occupant, works carried out by third parties and the absence of any inspection at the time of taking possession are the elements which break that attribution.

Determination of the amount. The amount is habitually calculated by the supplier upon estimated consumption. Contesting that estimate, and requiring the criteria and the reference period upon which it rests, frequently brings the amount below the threshold of paragraph 2.

Absence of a clandestine means. The provision requires one of the three means listed. A defective meter, an error in the contract or a supply maintained after the termination of the contract, without any manipulation, do not fall within the provision.

The purpose in paragraph 3. The aggravated frame requires the purpose of supplying installations used for the offences of Article 368. That purpose must be proved and does not follow from the mere magnitude of the consumption or from the existence of an unrelated investigation.

• Article 248 CP: fraud
• Article 368 CP: offences against public health
• Fraud defence in Alicante
• Drug offences defence in Spain

This entry is provided for information only and does not constitute legal advice. The application of any provision depends on the circumstances of the individual case and requires examination of the case file by a qualified lawyer.