Why foreigners get caught out
Not every unpaid debt or broken contract is fraud: the deception must exist from the outset and be the reason for the payment. Many fraud complaints are really civil disputes, and many genuine victims wait too long to act. On both sides, an early legal assessment determines whether the criminal route is appropriate.
Elements of fraud
- Deception sufficient to mislead a reasonable person.
- A mistake by the victim caused by that deception.
- An act of disposal: a payment, transfer or delivery.
- A loss to the victim or a third party.
- Intent to profit.
Types and penalties
Basic fraud (art. 248)
Prison of six months to three years, taking into account the amount, the loss caused, the relationship between the parties and the means used. Up to 400 euros, a fine of one to three months.
Computer and card fraud (art. 249)
Manipulating computer systems to obtain an unauthorised transfer, or using cards or payment data fraudulently: prison of six months to three years.
Aggravated fraud (art. 250)
One to six years and a fine of six to twelve months when, among other cases, the fraud concerns housing or essential goods, exceeds 50,000 euros, affects many people, exploits personal or professional trust or is committed in court proceedings. Four to eight years if several aggravating factors combine or the amount exceeds 250,000 euros.
Common scams in the islands
- Fake holiday rentals advertised online with a deposit paid in advance.
- Boat or car sales with false documents or non-existent vehicles.
- Investment and property schemes aimed at foreign residents.
- Phishing and bank impersonation calls.
Defence against fraud charges
The defence focuses on showing that there was no deception at the outset, that the dispute is civil, that the victim did not act on the deception or that the amount and aggravating factors are wrong. Repaying the victim before trial significantly reduces the penalty.
If you are the victim
Report the fraud with all the evidence, act quickly to freeze funds through your bank and join the case with your own lawyer to trace and recover the money. See victims of crime.
A practical example
A group of Swedish families paid deposits for a villa in Santanyí advertised online that did not exist. We filed a criminal complaint, obtained bank information on the receiving accounts through the court and identified the organiser, who was convicted and ordered to repay the deposits. More in Spanish on our sister site: delito de estafa, and on the firm's main website: fraud.
Before you sign or say anything, call a lawyer
In a Spanish criminal case, what happens in the first hours shapes everything else. Call or WhatsApp us and an English-speaking criminal lawyer will tell you, in confidence, what to do next.
Questions about fraud charges in Spain
Is not paying a debt fraud in Spain?
No. Fraud requires deception from the outset that led to the payment. A simple unpaid debt is a civil matter.
What is the penalty for fraud in Spain?
Six months to three years in the basic offence, and up to six or eight years in aggravated cases.
Can I report a fraud from abroad?
Yes. A Spanish lawyer can file the complaint and represent you, and evidence can often be given remotely.
Can I get my money back?
The court can order repayment and seize the offender's assets, but tracing the money quickly is key.