Accused of Fraud in Spain: What to Do
In this article
Key Takeaways
- Do not testify without a lawyer; gather contracts and proof of payment
- Fraud requires deceit that is sufficient and prior to the handover
- A non-payment or failed business deal is a civil dispute, not a crime
- Distinguishing criminal intent from a breach of contract is key
If reported for fraud, do not testify without a lawyer and do not contact the person who reported you. Fraud (Art. 248 CP) requires deceit that is sufficient and prior to an act of disposing of property, with intent to profit; a non-payment or a failed business deal is not a crime but a civil dispute. The defence usually shows there was no deceit, or no prior fraudulent intent.
Need help with your case? Talk to a criminal defence lawyer at Alonso Sala.
Learning that you have been reported for fraud is especially worrying when it all began with a business deal, a loan or a transaction that went wrong. This guide is written from the perspective of the person accused: what to do in the first hours, when a financial matter is genuinely a crime, and how the defence is built. If you want to understand the offence in full, you can also consult our complete guide to the offence of fraud.
You Have Been Reported: What to Do First
The first steps shape everything that follows:
- Do not testify without a lawyer. You have the right not to testify; an improvised explanation of the business deal can work against you.
- Do not contact the person who reported you to "sort it out." A poorly worded message can be read as an admission or as pressure.
- Gather the documentation: contracts, invoices, emails, messages, and proof of payment and of work or deliveries carried out. This is what shows a real business existed.
- Set out the timeline of the transaction: who promised what, when, and on what basis. The moment of the alleged deceit is decisive.
When a financial matter is the offence of fraud
Not every non-payment or failed business deal is a crime. Fraud (Art. 248 CP) requires sufficient deceit that causes error in another person and induces them to an act of disposing of property to their detriment, with intent to profit. The deceit must be prior to the handover: making someone believe something false in order to obtain the money. Computer fraud has its own offence under Art. 249 CP, and the aggravated cases are set out in Art. 250 CP.
Fraud or civil breach: the line
Most of these reports arise from contractual relationships that went wrong. This is the key to the defence: the courts distinguish prior criminal intent — deceit that was previous and planned — from simple breach of contract or subsequent insolvency. If the business was real and the relationship turned sour afterwards, this is a debt or a civil dispute, not a crime. Many fraud reports are, in reality, attempts to collect through criminal proceedings what belongs to the civil jurisdiction.
Report, criminal complaint, and your first statement
A report (denuncia) simply brings the facts to the court's attention; a criminal complaint (querella) also pursues the prosecution, and the person filing it becomes a party. Either way, your statement as a person under investigation is a strategic moment: you will be informed of the facts and of your rights, and you may testify, answer only through your lawyer, or remain silent. In some cases it is useful to submit the documentation showing the civil nature of the matter from the outset; in others, it is better to wait to see all the evidence. It is a decision to be taken with your defence.
How a dismissal is achieved
When sufficient deceit is not proven, when the facts reveal a purely contractual relationship, or when there is no proof of prior fraudulent intent, the proceedings can be dismissed. If the matter reaches trial, an acquittal is possible if the prosecution fails to prove the elements of the offence. An early defence that redirects the matter to its true nature and challenges the evidence from the outset is the best route to that outcome. Our firm handles criminal defence against fraud reports.
Have you been reported for fraud?
Before you testify, tell us what happened. We review the business deal, the documentation and the evidence to prepare your defence. Contact our fraud lawyer.
Frequently asked questions
What should I do as soon as I learn of the report for fraud?
Do not testify without a lawyer, do not contact the person who reported you, and gather all the documentation of the transaction: contracts, invoices, emails, messages and proof of payment or of work carried out. The sooner your defence gets involved, the better your first statement can be prepared and the better the evidence proving that a real transaction existed, rather than deceit, can be organised.
Is a non-payment or a failed business deal fraud?
Not on its own. Fraud requires sufficient deceit prior to the act of disposing of property: making the other party believe something false so that they hand over money or property. If the business was real and the relationship turned sour afterwards (through subsequent insolvency, disagreement or breach), this is a debt or a civil dispute, not a crime. Distinguishing prior criminal intent from a simple breach of contract is the crux of the defence.
What is the difference between a report and a criminal complaint for fraud?
A report (denuncia) simply brings facts to the court's attention. A criminal complaint (querella) goes further and pursues the prosecution: whoever files it becomes a party, proposes lines of investigation and sustains the accusation throughout the process. Either way, you have the right to a defence from the first moment; the route chosen by the person reporting you does not change your rights, though it does affect how the case proceeds.
What penalties does fraud carry?
Art. 248 CP sets imprisonment of six months to three years when the amount defrauded exceeds 400 euros, and a fine when it does not. The aggravated cases under Art. 250.1 CP (among others, involving a home, being especially serious because of the amount defrauded, or abusing personal relationships) raise the penalty to up to six years; and if several of those aggravating factors coincide with special seriousness, or the amount defrauded exceeds 250,000 euros, the penalty rises to imprisonment of four to eight years and a fine of twelve to twenty-four months (Art. 250.2 CP). The classification depends on the amount and the specific circumstances of the case.
Can the report for fraud be dismissed?
Yes. If the sufficient deceit is not proven, if the facts reveal a purely contractual relationship, or if there is no proof of prior fraudulent intent, the proceedings can be dismissed. An acquittal is also possible at trial if the prosecution fails to prove the elements of the offence. An early defence that redirects the matter to its true civil nature is the best route to that outcome.
Does returning the money lead to a dismissal?
It does not automatically dismiss the proceedings, but repairing the harm before trial can operate as a mitigating circumstance (Art. 21.5 CP) and facilitate a resolution. Each step should nonetheless be weighed with your defence: returning an amount can be interpreted in different ways, and doing so without a strategy — or while admitting facts that are not actually a crime — can be harmful. The decision must be taken on legal grounds, never on impulse.
Do you need criminal defence in this area?
We are criminal defence lawyers specialising in fraud (scams). We act urgently to protect your rights.
This page is for information purposes only and does not constitute legal advice: every case requires individual assessment. How this content is produced and verified: editorial policy.