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.

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.