Article 250 Spanish Criminal Code: Aggravated Fraud (2026)
In this article
Key Takeaways
- Penalties of 1 to 6 years (250.1)
- Up to 8 years in the hyper-aggravated type
- Key thresholds: 50,000 and 250,000 euros
- Procedural fraud: deceiving the court
Article 250 of the Spanish Criminal Code sets out the circumstances that turn basic fraud (Art. 248 CP) into aggravated fraud, carrying 1 to 6 years in prison and a fine of 6 to 12 months — including fraud affecting essential goods or housing, historical or artistic property, amounts above 50,000 euros, abuse of personal or professional trust, and procedural fraud aimed at deceiving a court. A hyper-aggravated form (Art. 250.2 CP) applies where several factors concur or the amount exceeds 250,000 euros, carrying 4 to 8 years. Because the basic offence allows a suspended sentence while the aggravated one almost always leads to actual imprisonment, disputing the amount defrauded or the aggravating factor relied on is usually the first line of defence.
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Article 250 of the Spanish Criminal Code sets out the circumstances in which basic fraud under Article 248 becomes aggravated fraud. The classification is decisive: the basic type allows the sentence to be suspended, whereas the aggravated type almost guarantees actual imprisonment. As criminal defence lawyers, we explain when it applies.
The Grounds Under Article 250.1
- It affects essential goods, housing or other items of recognised social utility.
- It is committed by abusing another's signature or by removing or concealing a public document.
- It affects goods of historical, artistic, cultural or scientific value.
- It is of special gravity given the loss and the economic situation in which it leaves the victim.
- The value of the fraud exceeds 50,000 euros or affects a large number of people.
- It involves abuse of personal relations or of the offender's business or professional credibility.
- It is procedural fraud (deceiving the court to obtain a ruling harmful to a third party).
Penalties for Aggravated Fraud
- Art. 250.1: prison of 1 to 6 years and a fine of 6 to 12 months.
- Art. 250.2 — hyper-aggravated type: prison of 4 to 8 years where several aggravating factors concur or the value exceeds 250,000 euros.
⚠️ The jump in penalty
Crossing the 50,000-euro threshold multiplies the risk: the penalty moves from a maximum of 3 years (suspendable) to a minimum of 1 year that may reach 8. The amount is almost always the first front of the defence.
Procedural Fraud
This consists of deceiving the court through false evidence or pleadings to obtain a ruling that harms the assets of the opposing party. It is common in simulated civil litigation and claims over non-existent debts.
Defence Strategies
- Challenging the amount to downgrade the applicable type.
- Denying the personal-relations aggravating factor where the trust is already part of the deceit.
- Disputing "special gravity", an evaluative and arguable concept.
- Compensation before trial to trigger the mitigating factor of Art. 21.5.
- Strategic guilty plea where the evidence is strong, to halve the penalty.
Charged with aggravated fraud?
The difference between Article 248 and Article 250 can be the difference between freedom and prison.
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Frequently asked questions
What penalty applies to aggravated fraud under Article 250 CP?
Article 250.1 CP punishes aggravated fraud with 1 to 6 years in prison and a fine of 6 to 12 months. The hyper-aggravated form under Article 250.2 raises the penalty to 4 to 8 years in prison where several aggravating factors concur or the amount defrauded exceeds 250,000 euros.
When does fraud become aggravated?
When it affects housing or essential goods, historical or artistic property, is of special gravity, the amount exceeds 50,000 euros or affects a large number of people, there is abuse of personal trust, or it amounts to procedural fraud.
What is procedural fraud?
It consists of deceiving the court through false evidence or pleadings to obtain a ruling that harms the assets of the opposing party. It is common in simulated civil litigation, claims over non-existent debts or fraudulent enforcement proceedings.
How is an aggravated fraud accusation defended?
By challenging the amount to bring it below the 50,000 or 250,000-euro thresholds, denying the personal-relations aggravating factor where it breaches the principle against double punishment (non bis in idem), compensating the harm before trial (mitigating factor of Art. 21.5 CP) and assessing a strategic guilty plea.
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