Anonymised case study
Fraud: provisional dismissal after inconclusive inquiries
A possible scam was investigated and steps were taken to clarify a person ' s link to the reported events.
Read moreServices
Fraud and property offences in Madrid
Separate the criminal deception from the contractual conflict.
We review contracts, payments, communications and money traceability to analyze whether the facts comply with a criminal offence. We also value the documentation of the repair of the damage and possible actions to claim the damage.
What should be reviewed?
A breach of contract is not in itself a scam. The specific modality may require deception, error, disposition of property and injury, or respond to specific cases of computer fraud or means of payment.
What can you prepare?
- Contract, offer and communications
- Payment justifications and relevant movements
- Complaint and decisions
- Documentation of injury or return
Understanding to Decide
Related legal terms
Cases related to this service
Supreme Court · Second Chamber
Criteria related to this service
Supreme Court · Second Room · 2024
Organised trafficking and laundering the proceeds
The court upheld convictions for cocaine distribution and money laundering. It distinguished the organisation’s structure from the involvement of individuals in particular incidents.
ECLI:ES:TS:2024:1912
Read moreSupreme Court · Second Room · 2022
An internet-domain dispute and alleged misappropriation
The court acquitted association members accused of misappropriating its internet domain. Although the domain had economic value, the changes they made while holding office did not establish every element of the offence.
ECLI:ES:TS:2022:1464
Read moreSupreme Court · Second Room · 2021
Unpaid maintenance and economic violence
The defendant was convicted of failing to pay maintenance and remained liable for deliberately disposing of assets to avoid creditors. The Supreme Court emphasised the harm to children and the person meeting their care needs.
ECLI:ES:TS:2021:914
Read moreAnswers to guide you
Questions and answers about this service
19 Brief answers with references to official regulations.
What basic elements does a scam have?
In its common form it requires quite a lot of deception, profit motive and an act of disposition that causes harm. An economic loss alone does not credit those elements.
Spanish Criminal Code · art. 248
Consult this service ↗See FAQ ↗Is breaching a contract always a fraud offence?
No. A civil breach must be distinguished from criminally relevant deception. The timing, intent and maneuvers that led to the surrender matter.
Spanish Criminal Code · art. 248
Consult this service ↗See FAQ ↗Can I report an online purchase that never comes?
There may be scams, but we need to investigate the deception and not just the delay. Keep ad, order, communications, payment and seller's data.
Spanish Criminal Code · art. 248
Consult this service ↗See FAQ ↗A small-scale scam never gets to prison?
That cannot be said. The amount, the aggravated circumstances and the current regulation condition the penalty; the applicable rate must be reviewed.
Consult this service ↗See FAQ ↗Is it relevant to use someone else's identity to collect?
It can be for scams and other crimes, according to conduct. The deception, impersonation and documents used must be individualized.
Consult this service ↗See FAQ ↗See the remaining questions
What is a computer scam?
The law provides for computer manipulations or artifices that cause unconsensual property transfers and other specific behaviours. It does not require exact reproduction of face-to-face deception.
Spanish Criminal Code · art. 249
Consult this service ↗See FAQ ↗A failed investment amounts to a scam?
No. It is necessary to prove the deception and its relationship with the delivery of the money. Investor risk and loss do not replace that evidence.
Spanish Criminal Code · art. 248
Consult this service ↗See FAQ ↗Can guaranteed returns promises be tested?
They can help rebuild the deception if they contrast with the reality of the product, the ability of the offeror and the destination of the funds.
Spanish Criminal Code · art. 248
Consult this service ↗See FAQ ↗What's the difference between scams and misappropriation?
In general terms, the scam uses deception to obtain displacement; appropriation starts from a reception that generates an obligation of delivery or return.
Consult this service ↗See FAQ ↗Can it be a crime to keep money received for management?
Yes, if misappropriation or other requirements are met. You have to prove the delivery, your destination and the arrangement made.
Spanish Criminal Code · art. 253
Consult this service ↗See FAQ ↗Can a company be held criminally liable for a scam?
Yes, in the legal cases of liability of legal persons. Your requirements must be accredited and your own defence guarantees respected.
Spanish Criminal Code · art. 31bis, art. 251 bis
Consult this service ↗See FAQ ↗Can I claim the money within the criminal procedure?
Yes, civil proceedings may be instituted alongside criminal proceedings, except in the absence of a waiver or reservation in the legal terms. The injury should be documented.
Consult this service ↗See FAQ ↗Returning the money before trial avoids any conviction?
Not automatically. Reparation may influence the penalty, but it does not necessarily eliminate a crime already accomplished.
Spanish Criminal Code · art. 21
Consult this service ↗See FAQ ↗Can you convict me just for receiving a transfer?
Receiving it alone is not enough. Your intervention and knowledge relevant to the crime attributed must be proven; the origin and destination of the funds must be explained.
Consult this service ↗See FAQ ↗Can lending my bank account to someone else involve me?
It can generate research and, if conscious participation is credited, responsibility. Messages, instructions, operations and the actual function of the account should be examined.
Consult this service ↗See FAQ ↗Can a false proof of payment have criminal relevance?
Yes, depending on how it is elaborated and used, it can integrate deception and, if necessary, a documentary falsehood. The qualification depends on the document and the facts.
Consult this service ↗See FAQ ↗Can I group multiple payments into one complaint?
You can describe all related operations. Their consideration as criminal continuity or other crimes requires an analysis of the plan, the plurality of acts and the victims.
Spanish Criminal Code · art. 74
Consult this service ↗See FAQ ↗What documents help investigate a scam?
Contracts, advertising, complete conversations, bank supporting documents and account data allow to reconstruct the offer, deliveries and damage.
Spanish Criminal Procedure Act · art. 299
Consult this service ↗See FAQ ↗Is a conflict over an internet domain always misappropriation?
No. Its economic value is not sufficient: the receipt certificate, the obligation to return and the other elements of the offence must be used.
Spanish Criminal Code · art. 253
Consult this service ↗See FAQ ↗Related case law
Spanish Constitutional Court
STC 64/2023: limitation of sentences
Violation of the right to criminal legality, in relation to the rights to effective judicial protection and to personal freedom: judicial decisions that do not satisfy the law.
Read moreSpanish Constitutional Court
STC 11/2022: Criminal Rating and Law of defence
Alleged violation of the rights to a trial with all guarantees, not to testify against oneself and the presumption of innocence; alleged violation of the right to tutel...
Read moreSpanish Constitutional Court
STC 103/2019: Exhausting the judicial process before amparo
Alleged violation of the right to effective judicial protection (access to justice): Inadmissibility of the constitutional protection appeal filed without having exhausted the previous judicial remedy....
Read moreFraud or a contractual dispute: organising the facts
Read transcript
You pay for a service that never arrives. Is every broken agreement fraud? No. The requirements of a criminal offence must be distinguished from a contractual dispute.
Keep the offer, contract, conversations and proof of payment. Record what was promised, when you paid and what happened next. If you suspect a fraudulent transaction, contact your bank promptly and follow its guidance to protect your accounts.
The legal review examines the alleged deception, its connection with the payment and the identity of those involved. Recovery of the money cannot be guaranteed. If you are under investigation, preserving context and documents explaining the transaction is equally important.
At penal.info, we consider the appropriate route and available evidence. Bring original files and a simple timeline. An organised account helps separate verifiable facts from suspicions.
Book an appointment with María Morales at penal.info.