The crime of aggravated fraud

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The crime of fraud consists of causing, for profit and through deception, another person to mistakenly carry out an act of disposal of a property to their own detriment or that of others. When certain circumstances occur during the fraud that imply greater damage or goods of special use or value are affected, the crime of aggravated fraud is incurred. Let's see what the different types of aggravated fraud contemplated in the Penal Code consist of and how they are punished. We can help you At Dexia Abogados we are lawyers specializing in fraud crimes . If you need an office with extensive experience in Criminal Law, contact us and find out without obligation . CONTACT US What elements must be present in the aggravated crime of fraud? To understand that an aggravated type of fraud has been committed, it is necessary that, firstly, the elements of the fraud be present and, secondly, that the circumstances contemplated in article 250 of the Penal Code exist .

Below we are going to analyze in detail the elements required for the basic type of scam and what circumstances must exist for the aggravated type. What are the requirements for the basic type of scam? The crime of fraud is understood to have been committed whenever the elements described in the basic type are present, but in addition, article 249 expressly contemplates other situations in which it will also be understood that DM Databases there is fraud , fundamentally when the crime is committed through computer programs. or certain means of payment (bank cards, checks, etc.). The necessary elements for the crime of fraud in its basic type are those included in article 248 of the Penal Code in its definition: profit motive There is no crime of fraud if the author does not act motivated by the intention of profit. Therefore, the ultimate goal of deception must be to obtain an economic benefit as a result of the acts of disposition of the defrauded person.



This is an intentional crime . I deceive quite a bit For there to be a scam, there must be deception, and this occurs when the fraudster resorts to false facts or facts that appear to be reality to mislead the victim. Besides, it must be quite a deception. The article itself mentions this expression, from which it follows that there is only a scam when the deception is of sufficient magnitude to mislead a person of average intelligence. Economic damage The crime of fraud is a crime of result , since the criminal type itself requires that acts of asset disposal be carried out that cause economic damage. Also, the criteria for setting the penalty are mostly based on the vamount defrauded does not exceed 400 euros , it is a minor crime punishable by a lesser penalty. Causal relationship between deception and economic damage From the very literal wording of the article it is deduced that both the disposition acts carried out by the victim and the economic damage itself must be a direct consequence of the deception caused by the perpetrator of the scam.