He crime of fraud is consummated at the moment

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In which the subject by mistake carries out the act of property disposal and the author thus obtains the disposal of another's property. Types of fraud crimes Basic crime of fraud The penalty with which the crime of fraud is punished is included in article 248 of the Penal Code, punishing with a prison sentence of six months to three years . To set this penalty, the aforementioned article says that "the amount defrauded, the economic loss caused to the injured party, the relations between the latter and the fraudster, the means used by the fraudster and any other circumstances that serve to assess the severity will be taken into account." of the infringement". Misdemeanor fraud We have to keep in mind that, if the fraud does not exceed 400 euros , the penalty will be a fine of one to three months . Aggravated crime of fraud Once the basic type has been analyzed, the Penal Code after the reform of Organic Law 1/2015 , includes the aggravated types of fraud , in article 250 of the aforementioned law.

The penalty imposed will be aggravated when the crime of fraud: It falls on basic necessities, homes or other goods of recognized social utility. It is perpetrated by abusing another's signature, or by stealing, hiding or rendering useless, in whole or in part, any process, file, protocol or public or official document of any kind. There could be a case of a combination of the crime of fraud and the crime of forgery. It falls on assets DM Databases that make up the artistic, historical, cultural or scientific heritage. It has special gravity, taking into account the nature of the damage and the economic situation in which it leaves the victim or his family. The value of the fraud exceeds 50,000 euros or affects a large number of people. It is committed with abuse of the existing personal relationships between the victim and the fraudster, or the fraudster takes advantage of their business or professional credibility. Procedural fraud is committed , including the manipulation of evidence in a judicial proceeding.



Recidivism occurs. It would occur when, upon committing the crime, the guilty party had been sentenced for at least three crimes of fraud (articles 248 to 256). For these purposes, records that have been canceled or that should have been canceled are not taken into account . If any of these circumstances occur, the Penal Code punishes with prison sentences of one to six years and a fine of six to twelve months . If several aggravated modalities occur (article 250.2 of the Penal Code), prison sentences of four to eight years and a fine of twelve to twenty-four months will be imposed ; all of this when the crime of fraud falls on basic necessities, homes or other essential goods, homes or other goods of recognized social utility and at the same time: It has special gravity, taking into account the nature of the damage and the economic situation in which it leaves the victim or his family. The value of the fraud exceeds 50,000 euros, or affects a large number of people.