Article 254 Criminal Code: Appropriation of Lost Property (2026)
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listIn this article
lightbulbKey Takeaways
- check_circleGeneral penalty: fine of 3 to 6 months
- check_circleUp to 400 euros: fine of 1 to 2 months
- check_circleArtistic/historical value: 6 months to 2 years
- check_circleLost property, received by mistake or of unknown owner
Quick answer
Article 254 of the Spanish Criminal Code punishes the appropriation of another's movable property outside the misappropriation cases of Art. 253: for example, keeping lost property, money or items received by mistake, or an asset of unknown owner. The penalty is a fine of three to six months; if the amount appropriated does not exceed 400 euros, a fine of one to two months; and if the item has artistic, historical, cultural or scientific value, six months to two years' imprisonment.
Article 254 of the Spanish Criminal Code is the residual appropriation offence: it punishes anyone who appropriates another's movable property outside the cases of Art. 253 (proper misappropriation). In practice it covers the appropriation of lost property, of money or items received by mistake, and of assets of unknown owner. As criminal defence lawyers, we frequently see this provision in mistaken transfers and found property.
What Is Appropriation Under Art. 254 CP?
After the 2015 reform, the Criminal Code split misappropriation into two provisions. Art. 253 requires a prior relationship of trust (deposit, commission, administration or a title creating an obligation to deliver or return). Art. 254 covers the rest: appropriating another's movable property without that prior relationship, simply making it one's own with intent to profit.
Typical Situations
- Lost property or property of unknown owner: finding a valuable item and keeping it instead of handing it over or making it available to its owner or the authorities.
- Money or items received by mistake: the classic case of the mistaken bank transfer that the recipient spends or disposes of knowing it is not theirs, rather than returning it.
- Another's assets disposed of outside the cases of Art. 253, making them one's own.
The key: intent to appropriate
Receiving an item by mistake is not a crime; making it one's own while aware of the error and the lack of right is. Returning it or making it available to the owner excludes the intent to appropriate.
Penalties Under Article 254
- General rule: a fine of 3 to 6 months.
- Amount not exceeding 400 euros: a fine of 1 to 2 months.
- Artistic, historical, cultural or scientific value: 6 months to 2 years' imprisonment.
As in its basic form it is a minor offence punished with a fine, it does not usually entail going to prison, but it does mean a criminal record and the duty to restore or compensate.
Difference from Art. 253 CP
The line lies in the prior relationship with the asset. If the item or money had been received with an obligation to deliver or return it (an administrator, a depositary, a commission agent), the offence is that of Art. 253, which is more serious. If there was no such relationship — the item simply arrived by mistake or was found — Art. 254 applies. That classification determines the penalty and, often, whether the matter is civil or criminal.
Defence Strategies
- Absence of intent to appropriate: proving the willingness to return or the impossibility of identifying the owner.
- Mistake as to origin: being unaware that the payment or delivery was mistaken.
- Civil nature: reframing the matter as a claim for the sum or for recovery of an undue payment.
- Reparation: returning the asset or the amount mitigates liability and favours dismissal or a guilty-plea agreement.
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Frequently asked questions
What does Article 254 of the Criminal Code punish?expand_more
It punishes anyone who, outside the cases of Art. 253, appropriates another's movable property: typically keeping lost property, money or items received by mistake, or an asset whose owner is unknown. The penalty is a fine of three to six months, save for the exceptions based on amount or on the cultural value of the item.
Is it a crime to keep money transferred to my account by mistake?expand_more
It can be. Anyone who receives a transfer or an item by mistake and, knowing of the error, makes it their own instead of returning it may commit the offence under Art. 254 CP. What is decisive is the intent to appropriate: using or disposing of the money aware that it does not belong to them.
What is the penalty for keeping lost property?expand_more
A fine of three to six months as a general rule. If the amount appropriated does not exceed 400 euros, the penalty drops to a fine of one to two months. If the item has artistic, historical, cultural or scientific value, the penalty rises to six months to two years' imprisonment.
How does Art. 254 differ from Art. 253 CP?expand_more
Art. 253 punishes proper misappropriation: appropriating or diverting money, items or assets received in deposit, on commission, in administration or under another title creating an obligation to deliver or return them. Art. 254 is the residual offence: it covers the other appropriations of another's movable property where that prior relationship of trust does not exist, such as lost property or property received by mistake.
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