Article 253 Spanish Criminal Code: Misappropriation (2026)
Last updated:
listIn this article
lightbulbKey Takeaways
- check_circleThe initial possession is lawful
- check_circleA title with a duty to return
- check_circleDistinct from theft and fraud
- check_circlePenalties referred to fraud
Quick answer
Art. 253 CP governs misappropriation: a person who, to another's detriment, appropriates money, securities or any movable property received on deposit, commission or custody, or under any other title creating an obligation to deliver or return it, or who denies having received it. What characterises it is that the initial possession is lawful and the offence arises later, with the intent not to return (animus rem sibi habendi). It carries the penalties for fraud: 6 months to 3 years' imprisonment (Art. 248 CP), or 1 to 6 years in the cases of Art. 250 CP; if what is appropriated does not exceed 400 euros, a fine of 1 to 3 months.
Need help with your case? Talk to a criminal defense lawyer at Alonso Sala.
Article 253 of the Spanish Criminal Code governs misappropriation: the offence of someone who lawfully receives an asset with a duty to return it and, instead of doing so, incorporates it into their own estate. As property and economic crime lawyers, we explain its key features.
What Article 253 Says
Misappropriation is committed by anyone who, to another's detriment, appropriates for themselves or a third party money, securities or any other movable property received in deposit, commission or custody, or entrusted under any other title that creates an obligation to deliver or return it, or who denies having received it.
The Key Element: a Title That Obliges Return
What characterises this offence is that the initial possession is lawful. The asset reaches the offender legitimately (a deposit, a loan for use, an assignment). The offence arises at the later point when the offender decides not to return it and to act as owner. That change of will is what must be proven.
Differences From Theft and Fraud
- Against theft (Art. 234): in theft there is no handover; the offender takes the item without consent. In misappropriation it was received with consent.
- Against fraud (Art. 248): in fraud there is prior deceit causing the handover. In misappropriation the handover is genuine and voluntary; the wrong arises afterwards.
Penalties
Article 253 refers to the penalties for fraud: those of Article 249 (prison of 6 months to 3 years) or Article 250 (1 to 6 years) depending on the amount and circumstances. If what is appropriated does not exceed 400 euros, it is a minor offence punishable by a fine.
A delay in returning is not always a crime
Mere delay in returning an asset, or a disagreement over accounts, does not amount to the offence. There must be a genuine intent of definitive appropriation, not just a civil dispute.
Defence Strategies
- No intent of appropriation: there was delay or an accounting disagreement, not appropriation.
- A right of retention or set-off justifying non-return.
- Civil nature of the dispute: the matter belongs before the civil courts.
- Challenging the amount to downgrade the type.
- Return and compensation, triggering the mitigating factor of Art. 21.5.
Charged with misappropriation?
Many cases are, in reality, civil disputes. We assess whether the facts amount to the criminal offence.
📞 Call us: +34 91 078 65 74
⚖️ Need a criminal defence lawyer?
Defence and private prosecution in misappropriation and property offences.
gavelDo you need criminal defense in this area?
We are criminal defense lawyers specializing in general criminal defense. We act urgently to protect your rights.