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Article 254 of the Spanish Criminal Code: misappropriation of lost property or property received by mistake
Quick answerArticle 254 punishes with a fine of three to six months a person who, outside the cases of misappropriation under article 253, appropriates another’s movable property. Where the property has artistic, historical, cultural or scientific value, the penalty is six months to two years of imprisonment. Where the amount does not exceed four hundred euros, the fine is one to two months.
Following the reform introduced by Organic Act 1/2015 of 30 March, this provision gathers the residual forms of misappropriation that the previous wording distributed between articles 253 and 254: appropriation of lost property or property of unknown ownership, and appropriation of property received by the transferor’s mistake. Its subsidiary character in relation to article 253 is express, through the formula “outside the cases of the preceding article”, which requires first ruling out a title carrying an obligation to deliver or return. It is applied daily to found telephones, wallets and jewellery, and to mistaken bank transfers.
Also cited as: article 254 Spanish Criminal Code · art. 254 CP · Spanish Penal Code article 254 · artículo 254 del Código Penal.
Wording of the provision
1. Any person who, outside the cases of the preceding article, appropriates another’s movable property shall be punished with a fine of three to six months. Where the property is of artistic, historical, cultural or scientific value, the penalty shall be six months to two years of imprisonment.
2. Where the amount appropriated does not exceed 400 euros, a fine of one to two months shall be imposed.
Consolidated text published by the Spanish Official State Gazette, Organic Act 10/1995 of 23 November, the Criminal Code. Unofficial English rendering; the Spanish text is the authentic one.
Sentencing range. A fine of three to six months as a rule. Six months to two years of imprisonment where the property is of artistic, historical, cultural or scientific value. A fine of one to two months where the amount does not exceed four hundred euros, which constitutes a minor offence.
Key facts
| Location | Book II, title XIII, chapter VI of the Criminal Code, on fraudulent conduct |
|---|---|
| Protected interest | Ownership of the movable property |
| Character | Residual provision, subsidiary to article 253 |
| Forms | Lost property or property of unknown ownership, and property received by the transferor’s mistake |
| Aggravated form | Property of artistic, historical, cultural or scientific value, punishable by imprisonment |
| Minor offence | Amount not exceeding four hundred euros |
| Current wording | Sole article 131 of Organic Act 1/2015 of 30 March, in force since 1 July 2015 |
Elements and scope
- The movable property must belong to another and must not have been delivered under a title creating an obligation to deliver or return, in which case article 253 applies.
- An act of appropriation, understood as definitive incorporation into one’s own estate with the intention of dealing with it as owner, evidenced by conclusive acts such as sale, consumption, concealment or refusal to return.
- In the lost-property form, loss of possession by the owner without voluntary abandonment. Abandoned property is res derelicta and its taking is not punishable.
- In the mistaken-delivery form, a mistake by the transferor as to the recipient, the amount or the object, not induced by the recipient; where the mistake is induced by sufficient deceit, the classification is fraud under article 248.
- Intent to appropriate arising after obtaining the property, which is what distinguishes this offence from theft under article 234.
Points of application
Distinction from theft. In theft the property is within another’s sphere of custody and the offender takes it; under article 254 the property reaches the offender without any taking, through loss or mistake, and the intention to appropriate arises subsequently.
Distinction from fraud. The Second Chamber of the Supreme Court distinguishes according to the origin of the mistake: if caused by the recipient’s deceitful manoeuvre, the classification is fraud; if it pre-existed and the recipient merely took advantage of it, article 254 applies.
Mistaken bank transfers. An incorrect credit to an account does not authorise disposal of the funds. Withdrawing or spending the money after becoming aware of the mistake constitutes the act of appropriation; mere passivity, without any act of disposal, is debatable and must be assessed case by case.
Prior demand for return. Although the provision does not expressly require it, an unsuccessful demand is the strongest evidence of the intention to appropriate and is advisable practice for the private prosecution.
Objects of cultural value. The aggravated form requires that the artistic, historical, cultural or scientific value be established by expert evidence; age alone or the owner’s subjective attachment is not sufficient.
Defence strategy
Deny the act of appropriation. Mere holding of found property, without acts of disposal or express refusal to return it, does not establish the intention to appropriate. The defence should stress the absence of conclusive acts.
Establish willingness to return. Depositing the amount, handing the property to the authorities or offering to return it, even belatedly, undermines intent and supports the mitigating circumstance of reparation under article 21.5.
Argue abandonment of the property. If the object was voluntarily abandoned by its owner, it is res derelicta and its taking is not punishable, under article 610 of the Civil Code.
Rely on mistake as to ownership. A belief that the property had no owner, or that the transfer was due, may found a mistake of fact under article 14, excluding intent.
Challenge the aggravated form. Expert evidence of artistic, historical, cultural or scientific value must be required; its absence reduces the conduct to a fine.
Defence in this area
If you or your company are facing proceedings in this area, the firm provides defence and prosecution in Alicante and Madrid, with 24-hour assistance to detained persons.
Are you under investigation or facing charges in Spain? Société Juridique acts for foreign nationals throughout Spain, with offices in Alicante and Madrid and a 24-hour custody line. +34 669 30 21 13 or enquire online.
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This page is provided for information only and does not constitute legal advice. The application of any provision depends on the circumstances of the case and requires review of the file by a lawyer. The English rendering of the legal text is unofficial.
Last reviewed: 21 September 2026.
Frequently asked questions
Is keeping a telephone found in the street an offence?
It may be. Article 254 punishes the appropriation of another’s movable property, and case law holds that lost property is not abandoned property. Article 615 of the Civil Code requires delivery to the town council or to the owner.
What if I receive a transfer by mistake?
The money is not yours. Disposing of it after becoming aware of the mistake may constitute the offence under article 254. Immediate return avoids criminal liability and, in any event, mitigates the penalty.
What is the difference from misappropriation under article 253?
Article 253 requires a prior title creating an obligation to deliver or return, such as a deposit or a mandate. Article 254 applies where no such title exists, that is, to lost property or property received by mistake.
Can this offence lead to prison?
Only in the form concerning property of artistic, historical, cultural or scientific value, punishable by six months to two years of imprisonment. In all other cases the penalty is a fine.
What is the time limit for bringing a complaint?
As a minor offence, where the amount does not exceed four hundred euros, the limitation period is one year under article 131. In the other forms the general period is five years.
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