Fake shops, phishing, marketplace scams: the internet multiplies fraud — and the offences.
Fake online shops, non-delivery scams, marketplace and second-hand fraud, phishing: online fraud is prosecuted in Spain as fraud and computer fraud (Articles 248 to 251 of the Criminal Code), often combined with laundering. Victim or accused, the defence turns on deception, intent and the tracing of funds.
In brief. online fraud rests on deception carried out through the internet (Art. 248) or on computer manipulation producing a non-consented transfer (Art. 248.2). It is aggravated above 50,000 euros (Art. 250) and often combined with laundering (Art. 301). Digital evidence, IP attribution and the tracing of funds are the decisive battlegrounds.
Online fraud is still fraud. Article 248 requires sufficient deception producing a mistake and a prejudicial act of disposition — a fake shop, a non-existent listing or a spoofed payment page are its typical forms.
Computer fraud has its own text. Article 248.2 targets the computer manipulation that produces a non-consented transfer of assets, without classic deception of a person.
Attribution is the weak point of the case. IP addresses, devices, accounts and shared access rarely prove authorship on their own; challenging attribution is a central line of defence.
| Offence | Article | Penalty framework | Key aggravating factor |
|---|---|---|---|
| Online fraud | 248.1 | 6 months – 3 years | Multiple victims |
| Computer fraud | 248.2 | 6 months – 3 years | Technical manipulation |
| Aggravated fraud | 250.1 | 1 – 6 years | Loss > 50,000 € |
| Money laundering | 301 | 6 months – 6 years + fine | International network |
| Damage to systems | 264 | 6 months – 3 years | Altered data |
| Phishing / interception | 197 | 1 – 4 years | Mass data |
| Organised group | 570 bis | Aggravation | Leadership role |
| Civil liability | 116 | Restitution + compensation | Tracing of funds |
Indicative figures based on the Spanish Criminal Code. The penalty depends on the amount, the means and each person’s role. This table does not replace a lawyer’s analysis.
An IP address is not proof of authorship. Shared access, spoofed connections, compromised devices and the reliability of tracing tools can all be challenged by independent expertise.
We trace the funds for victims. Relay accounts, exchange platforms and bank cooperation determine the recovery of the defrauded sums, in Spain and abroad.
People deceived by fake shops, listings or payment pages.
People accused on the basis of digital evidence to be verified.
People whose accounts channelled the funds (money mules).
Companies facing impersonation or fraudulent transactions.
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.
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