Keeping what was entrusted: the line between civil debt and criminal misappropriation is narrow.
Keeping money, goods or assets received on deposit, commission or for administration: misappropriation (Article 253 of the Spanish Criminal Code) sits at the border of fraud and unfair administration. The exact qualification and the existence of a duty to return are at the heart of the defence.
In brief. misappropriation (Art. 253 CP) punishes anyone who appropriates, to another’s harm, money, goods or assets received on deposit, commission or for administration, or under any title creating a duty to deliver or return them. It differs from fraud (no prior deception) and from unfair administration (Art. 252). It is aggravated above 50,000 euros. The duty to return and intent are decisive.
Misappropriation presupposes lawful receipt. The asset was handed over legitimately — on deposit, commission or for administration — with a duty to return or deliver it. Appropriating it, or denying having received it, is what the law punishes.
It differs from fraud and unfair administration. Fraud (Art. 248) requires prior deception; unfair administration (Art. 252) an abuse of management powers. Misappropriation (Art. 253) is the breach of a duty to return.
The civil border is decisive. A mere failure to pay or a contractual dispute over accounts is not necessarily criminal; distinguishing debt from misappropriation is a central line of defence.
| Offence | Article | Penalty framework | Key aggravating factor |
|---|---|---|---|
| Misappropriation | 253.1 | 6 months – 3 years | Position of trust |
| Aggravated misappropriation | 253+250 | 1 – 6 years | Value > 50,000 € |
| Wrongful appropriation | 254 | Fine or prison | Value of the thing |
| Unfair administration | 252 | Fraud penalties | Management powers |
| Corporate context | 295 | Prison or fine | Director’s role |
| Return before trial | 21.5 | Mitigation | Full restitution |
| Civil liability | 116 | Restitution + compensation | Harm caused |
| Civil debt | — | Outside criminal law | No appropriation |
Indicative figures based on the Spanish Criminal Code. The penalty depends on the value, the position of trust and the circumstances. This table does not replace a lawyer’s analysis.
Not every unpaid sum is misappropriation. Criminal law requires the breach of a duty to return, not a mere dispute over accounts. Establishing a good-faith disagreement often sends the matter to the civil courts.
We rebuild the flow of the assets. Title of receipt, accounting of the funds and the reality of the duty to return determine the qualification — and open the way to the mitigation of return (Art. 21.5).
People who managed funds or goods and are accused of appropriating them.
People or companies whose entrusted assets have not been returned.
Agents, depositaries and intermediaries facing a duty-to-return dispute.
Inheritance or joint-asset disputes turning into accusations.
Speak to a criminal lawyer
Criminal defence in English before the courts of Alicante and the rest of Spain, for residents and for visitors who have flown home.
Société de Conseil Juridique et Expert is a law firm with offices in Madrid, Alicante, London and Paris, specialising in criminal law, technology law and economic and corporate crime. We provide strategic guidance in complex criminal proceedings, intellectual property and technological resources for legal decision-making with advanced forensic analysis. Our multidisciplinary team combines legal experience, legal intelligence and personal attention to deliver effective solutions adapted to each case. Legal assistance available 24 hours a day and online consultations.
Copyright © 2026 Société de Conseil Juridique et Expert S.L.