White-collar defenceEnglish-speaking fraud and financial crime lawyer in Spain

Deception is the heart of estafa

Fraud under Spanish law (estafa, articles 248 to 250 of the Criminal Code) requires a prior deception serious enough to cause the victim to hand over money or property. The basic offence carries six months to three years in prison; aggravated fraud, from 50,000 euros or when other qualifying factors apply, carries one to six years.

That definition cuts both ways. If you are the victim, the deception has to be identified and documented, not just asserted. If you are the one accused, remember what Spanish courts repeat constantly: an unpaid debt is not a crime. Turning a failed contract into a criminal case is a pressure tactic we see, and defuse, every year.

Where the case is actually decided

• Timing of the deception. The lie must come before the payment. What happens after the money changes hands is breach of contract, not estafa.
• Civil debt or criminal fraud. The single most litigated point. Business risk, insolvency and poor management are not deception.
• The amount, per operation. Thresholds decide whether the case is a minor offence, a basic offence or aggravated fraud, and how amounts are added up is often disputed.
• Documents beat statements. Contracts, emails, invoices and bank transfers decide these cases. Reconstructing the paper trail early is the best money spent in the entire proceedings.

How a fraud case unfolds in Spain

1. Complaint (denuncia or querella). The case starts at the police station or directly before the investigating court. A well-built querella, with the documents attached and the deception explained operation by operation, sets the frame for everything that follows.

2. Investigation (instrucción). The investigating judge gathers bank records, witness statements and expert reports. This is where asset-freezing and precautionary measures are requested, and where a weak case against an accused person can be dismissed (sobreseimiento) before ever reaching trial.

3. Trial and civil recovery. If the case goes forward, the criminal court decides guilt and, in the same judgment, compensation. Spanish criminal courts can order restitution, damages and interest without a separate civil lawsuit.

Timescales are counted in months, sometimes years. Two practical consequences: victims should move fast while assets are still traceable, and accused persons should not wait until trial to build the defence file.

Typical cases we handle

• Investment schemes and unpaid business deals between partners or companies.
• Real estate fraud: deposits paid for properties that were never delivered or sold twice.
• Misappropriation by administrators, agents or intermediaries (apropiación indebida, article 253).
• Unfair administration of company assets (administración desleal, article 252).
• Criminal insolvency and asset concealment when a debtor organises their own insolvency (articles 257 to 261).

Companies, directors and cross-border cases

Financial crime rarely travels alone. The same facts often raise misappropriation, unfair administration, criminal insolvency or accounting offences, and directors can face personal liability for corporate decisions, including through the criminal liability of the company itself (article 31 bis). We defend and prosecute these cases for Spanish and foreign clients, coordinating with counsel abroad when the money, the parties or the evidence cross borders.

See also: tax fraud, money laundering and cybercrime and online fraud.

Frequently asked questions

I invested with a Spanish company and the money is gone. Fraud or bad luck? It depends on what you were told before you paid and what the documents show. If the project never existed, or your money was diverted from day one, that points to estafa. We assess this in the first consultation, on documents.

Can I recover my money through the criminal case? Yes. Spanish criminal proceedings include the civil claim, so compensation and asset-freezing measures are pursued inside the same case, without a separate lawsuit.

I am accused of fraud over a deal that simply failed. Should I worry? Take it seriously, but the defence is well trodden: business risk is not deception. The earlier the paper trail is put in order, the earlier a dismissal can be argued.

How long do I have to report a fraud? The basic offence prescribes after five years, and aggravated fraud after ten. But evidence and assets disappear much faster than legal deadlines: report as early as possible.

The fraudster is abroad, or I am. Does that block the case? No. European cooperation instruments and letters rogatory allow evidence and defendants to be reached across borders, and we coordinate with foreign counsel where needed.

I live outside Spain. Can the case move forward without me travelling? Most of the procedure can be handled through power of attorney and video appearances. We work with clients across Europe in English and French.

Why Société Juridique (SCJE)

Criminal defence and prosecution is what we do, with a dedicated economic-crime and digital-evidence practice. Offices in Alicante and Madrid, proceedings handled in English and French, and a forensic laboratory for tracing funds and authenticating digital evidence.

First online consultation, 15 minutes, free of charge. Urgent assistance 24/7: +34 669 30 21 13.