Fraud · Alicante · Madrid · Nationwide across Spain
Here we do not simply defend cases: we control consequences.
Property fraud, real-estate fraud, investment fraud, computer fraud and fraud on the court. The boundary between a civil breach of contract and the offence of fraud is decided by technical nuances —sufficient deception, intent preceding the transaction— that make the difference between acquittal and conviction.
In brief. English-speaking defence for fraud (estafa), misappropriation and white-collar cases in Spain. Alicante and Madrid. First online consultation free.
Why this is different
Fraud proceedings all share the same requirement: precision in determining whether the offence is made out. Not every failure to pay is a criminal offence and not every failed transaction is deception: fraud requires sufficient deception, error, an act of disposal and loss, with intent preceding the transaction. On that structure the defence is built —by showing that the dispute is civil— or the prosecution —by proving the fraudulent staging—. The documentary and expert analysis of the transaction is decisive. That is why we bring criminal lawyers, financial analysis and digital forensic evidence together in a single team: we reconstruct the entire transaction before the proceedings classify it for you.
What we defend
Defence and private prosecution across all the offences under arts. 248 to 251 of the Spanish Criminal Code.
Sufficient deception causing the victim to act under a mistaken belief, an act of disposal of assets and resulting loss. The core of every fraud.
Particular seriousness by reason of the amount, abuse of personal relationships, fraud affecting a home, or multiple victims.
Computer manipulation or a similar device: phishing, online banking fraud and fraudulent online sales.
Manipulating evidence or deceiving the court in judicial proceedings in order to obtain a decision that harms another party.
Falsifying financial information in order to attract investors: bogus investment outfits and opaque products.
Double sales, concealment of encumbrances and disposal of assets without authority: the fraud offences specific to property transactions.
The technical boundary with fraud: drawing the line correctly between the two offences can change the sentence and the entire strategy of the case.
When the fraudster declares insolvency: rescission actions, fraudulent conveyance of assets and tracing of hidden assets.
Charging legal entities used as a vehicle for the fraud, and defending the company under suspicion.
Sentencing framework
A quick reference to the applicable sentencing framework. The actual penalty depends on the amount involved, the aggravating factors and the procedural stage.
| Offence | Provision | Sentencing range | Key aggravating factor |
|---|---|---|---|
| Fraud (basic offence)Art. 249 | 248–249 | 6 months – 3 years | Amount exceeding €400 |
| Aggravated fraud | 250.1 | 1 – 6 years | Home · abuse of trust · amount |
| Most serious form of fraud | 250.2 | 4 – 8 years | Amount > €250.000 · multiple victims |
| Fraud on the court | 250.1.7 | 1 – 6 years | Deception of the court |
| Investor fraud | 282 bis | 1 – 4 years | Loss of notorious seriousness |
| Real-estate fraud | 251 | 1 – 4 years | Double sale · concealment of encumbrances |
| Document forgery | 392 | 6 months – 3 years | False commercial documents |
| Legal entity | 31 bis | Fine · suspension · dissolution | Absence of a compliance programme |
Indicative sentencing ranges under the Spanish Criminal Code in force. They do not constitute legal advice; the correct classification and the penalty require an individual analysis of each case.
What sets us apart
Evidence in a fraud case is documentary, financial and digital: contracts, communications, bank movements, messaging. Reconstructing the transaction determines the classification. That is why we apply LIWARD —Legal Intelligence Warfare for Defense—, our own methodology combining legal intelligence, case-law analytics, financial and accounting analysis and e-forensics into a single procedural strategy. It is what sets us apart from conventional criminal defence.
Mapping of the proceedings, case-law analysis and early detection of evidentiary weaknesses.
Reconstruction of financial flows and expert examination of the documents that support —or dismantle— the prosecution case.
Chain of custody, admissibility of electronic evidence and traceability of crypto-assets with expert rigour.
Precise decisions at every stage, from the first questioning to the cassation appeal, grounded in risk analysis.
How we work
Immediate 24/7 assistance, preparation of the statement and control of precautionary measures from the very first step.
Examination of the case file, financial and digital expert analysis, and identification of the theory of the case.
Design of the defence or prosecution case, submission of evidence and presentation of expert evidence.
Defence at trial and, where appropriate, appeals, cassation and constitutional appeals.
Who we represent
Companies that are victims of fraud or identified as a vehicle for a fraud: defence of the entity and of its management.
Directors accused of fraud in corporate or commercial transactions: technical separation of business risk from criminal intent.
Individuals under investigation for fraud: demonstrating the civil nature of the dispute and the absence of intent preceding the transaction.
Victims of fraud: criminal complaint, precautionary measures over assets and effective recovery of the sums defrauded.
Fraud (estafa) is set out in articles 248 and following of the Criminal Code. It is committed by a person who, through a deception capable of inducing error in another, causes that person to make a disposition of property to their own or a third party’s detriment, with the aim of gain. The basic penalty is imprisonment of six months to three years where the amount exceeds four hundred euros.
The essential element is a deception that operates before the disposition of property, which distinguishes fraud from a debt that is simply not paid.
Article 250 provides penalties of one to six years in the more serious cases, including fraud affecting essential goods or housing, fraud of particular gravity by reason of the amount, the abuse of personal relationships or professional credibility, and so-called procedural fraud. Where the amount exceeds fifty thousand euros or many people are affected, the penalty increases further.
These qualifying circumstances are frequently contested, and whether a case falls within one of them can transform the exposure the accused faces.
The defence often turns on the absence of a genuine deception, on the lack of intent or of an aim of gain, and on the distinction between a civil non-performance and a criminal offence. The real quantification of the loss is also examined.
We assess the repair of the harm, which operates as a mitigating factor and can be decisive both for the sentence and for any negotiated resolution.
We act for both those accused of fraud and those who have been defrauded, and in the latter case we pursue the recovery of the sums lost alongside the criminal proceedings.
We coordinate the criminal and civil dimensions of the matter, since in fraud cases the two are usually intertwined and the client’s real objective is often the recovery of money.
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Frequently asked questions
Société de Conseil Juridique et Expert
An early conversation can change the course of the entire case. Let us talk before the proceedings decide for you.
The vast majority of the frauds that reach the firm are no longer committed face to face. Article 248 requires sufficient deception, error, an act of disposal and loss, and those four elements are equally present in a fraudulent Wallapop sale and in a non-existent investment platform. The Spanish Criminal Code also provides for computer fraud (art. 249), which punishes the unauthorised transfer of assets by computer manipulation, without any need to deceive a person. This is the offence applied to banking phishing and to the emptying of accounts. Reversing the transfer is a matter of hours, not days. After that, the funds are split up and leave the country. Keep the message thread and the call log without deleting anything, and do not accept partial settlements before the case has been assessed. Alongside the criminal complaint, we pursue the claim against the bank, which in many cases is the route that actually recovers the money. If the events took place in the province, see fraud cases in Alicante.Internet fraud: the most common form today
Forms we see every day
The urgent part: the money
Société de Conseil Juridique et Expert es un despacho de abogados con sedes en Madrid, Alicante, Londres y París, especializado en defensa y acusación penal, delitos económicos y corporativos y derecho tecnológico. Trabajamos con orientación estratégica en procedimientos penales complejos, propiedad intelectual y análisis forense avanzado, y prestamos consultoría jurídica, compliance y escudos de protección a particulares y empresas. Atendemos desde Alicante y Madrid, con consulta online en toda España y asistencia al detenido 24 horas. Resuelva sus dudas en las preguntas frecuentes o solicite una primera consulta.
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