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Fraud & Economic Crime Defence in Spain
Charged with fraud, estafa or financial crime in Spain? English-speaking criminal defence lawyers specialising in economic crime since 1999.
Reviewed by Manuel Rincón Bernal, member of the Málaga Bar (ICAMálaga) since 1999. Last updated 19 April 2026.
Criminal Defence Spain
Fraud & Economic Crime Lawyers in Spain
Accused of fraud or economic crime in Spain? RINBER Abogados provides expert English-speaking criminal defence. Call +34 627 467 042 now for a free consultation.
What is Fraud (Estafa) Under Spanish Law?
Fraud — known as estafa in Spanish — is defined under Articles 248–251 of the Spanish Penal Code (Código Penal). A person commits fraud when they use deception to cause another person an economic loss for their own profit.
The offence covers a wide range of conduct, from simple consumer fraud to large-scale corporate fraud schemes. Penalties under Article 249 CP range from 6 months to 3 years imprisonment, rising to 1–6 years for aggravated cases where the amount involved exceeds €50,000 or the victim is particularly vulnerable.
Arrested or under investigation?Speak to a criminal lawyer now. Free first consultation.
Types of Economic Crime We Defend
- Estafa (fraud) — Articles 248–251 CP
- Tax fraud (delito fiscal) — Article 305 CP (fraud over €120,000)
- Corporate fraud and falsification — Articles 290–295 CP
- Investment fraud and Ponzi schemes
- Insurance fraud
- Mortgage fraud and real estate fraud
- Cybercrime and online fraud — Articles 248.2 CP
- Misappropriation (apropiación indebida) — Article 253 CP
Penalties for Fraud in Spain
The severity of a fraud sentence in Spain depends on the amount defrauded and the circumstances of the offence:
- Basic fraud (Article 249 CP): 6 months to 3 years
- Aggravated fraud over €50,000 (Article 250.1.5): 1 to 6 years
- Fraud over €250,000 (Article 250.2): 4 to 8 years
- Mass fraud affecting many victims: up to 8 years
Our Defence Approach
Manuel Rincón Bernal leads RINBER’s economic crime practice. With over 25 years of experience, he has successfully defended clients in complex fraud cases across Spain, including the Costa Concordia case and numerous corporate fraud proceedings.
Our defence strategy for fraud cases typically involves: challenging the prosecution’s evidence of dishonest intent; establishing that any loss was not caused by deception; presenting expert financial analysis to challenge valuations; and, where appropriate, negotiating plea agreements to minimise exposure.
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By phone or WhatsApp, 24 hours a day, 365 days a year.
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We attend the police station or court and build your defence from minute one.
FAQ
Frequently asked questions
Can a company director be personally liable for corporate fraud in Spain?
Yes. Under Spanish law, company directors and officers can face personal criminal liability for corporate fraud, including tax offences committed through the company. RINBER Abogados advise directors and executives facing criminal investigation in the context of corporate or regulatory proceedings.
I am under investigation for fraud in Spain ? what should I do?
Seek specialist legal advice immediately. Do not discuss the matter with investigators, co-defendants or business partners without your lawyer present. Preserve all relevant documentation. RINBER Abogados provide expert representation from the investigation and pre-trial stage through to sentencing and appeal, including in complex economic crime cases.
What constitutes economic crime in Spain?
Economic crimes in Spain include fraud (estafa), documentary falsification (falsedad documental), tax evasion (delito fiscal), corporate fraud (administración desleal), investment scams, and money laundering. They are tried in the Juzgados de lo Penal or, for major cases affecting multiple victims or national interests, before the Audiencia Nacional.
What are the penalties for fraud in Spain?
Fraud (estafa) in Spain under Article 248 of the Criminal Code carries 6 months to 3 years imprisonment for basic offences. Aggravated fraud — involving large sums (over €50,000), multiple victims, abuse of a position of trust, or affecting particularly vulnerable people — carries 1–6 years. Tax fraud (delito fiscal) over ₼120,000 carries 1–5 years.
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