Electricity Theft and Utility Fraud: the Offence Under Arts. 255-256 CP

Tapping into the power grid without a contract, tampering with the meter or using someone else's telecommunications line without permission are not just administrative infringements against the supplier: they can amount to a criminal offence. Arts. 255 and 256 of the Criminal Code define electricity theft and related conduct. As criminal defence lawyers specialising in property offences, we explain what each provision punishes, how the penalty is graded by amount, and the usual lines of defence.

Art. 255 CP: fraud on utilities and supplies

Art. 255 CP punishes anyone who commits fraud using someone else's electricity, gas, water, telecommunications or another element, energy or utility, by any of these means:

• Devices installed to carry out the fraud: a direct tap into the grid, whether electricity, water or gas, bypassing the meter.
• Malicious alteration of meter readings or devices: physical (magnets, mechanical alterations) or electronic tampering with the meter so that it registers lower consumption than the real one.
• Any other clandestine method: a catch-all that covers fraudulent conduct not literally fitting the two categories above, such as diversions from the supply line before the meter.

Art. 256 CP: non-consented use of telecommunications equipment

Art. 256 CP defines a different offence: using any telecommunications terminal without its holder's consent and causing them economic loss. Unlike Art. 255 CP, it does not require meter tampering or a physical tap on a network: it is enough to use someone else's equipment or line (a phone, a data connection) without authorisation, generating a cost for its rightful holder.

Penalties by the amount defrauded

Both articles grade the penalty by the amount defrauded, using the same threshold:

• More than €400: fine of 3 to 12 months (less serious offence).
• €400 or less: fine of 1 to 3 months (minor offence).

The amount is usually calculated by estimating the unregistered consumption during the period of the fraud, multiplied by the applicable tariff, using the standardised estimation methods that suppliers apply.

Art. 255 CP also provides for an aggravated form (Art. 255.3 CP): when the fraud, whatever its amount, is committed in order to supply electricity to facilities used for growing or trafficking drugs under Art. 368 CP, the penalty rises to imprisonment of 6 to 18 months or a fine of 12 to 24 months. This is the typical scenario of an illegal tap feeding an indoor cannabis plantation.

How the fraud is detected

Suppliers identify this conduct through periodic inspections of installations and meters, the analysis of atypical consumption (sudden drops not explained by the customer's profile), verification of network losses (the difference between energy distributed and energy actually billed), and reports from third parties. Once a tap or tampering is detected, the supplier usually reports it to the Civil Guard or the National Police, who investigate before referring the case to the court.

Lines of defence

The defence against an accusation of electricity theft is built mainly around these lines:

1. Lack of authorship: showing that the person under investigation did not carry out the tampering nor was aware of it, a frequent scenario in inherited, rented or newly acquired homes where the tap already existed.
2. Challenging the estimated amount: the supplier's calculation methods are estimates, not direct measurements; their accuracy can be challenged with expert evidence, and can determine whether the conduct is a minor or a less serious offence, or falls below the criminally relevant threshold.
3. Absence of intent: a technical fault in someone else's meter, or a breakdown, does not meet the elements of the offence, which requires conscious fraudulent conduct.
4. Settlement and reparation: paying or settling the debt with the supplier, although it does not automatically extinguish criminal liability, can operate as a mitigating circumstance and facilitate a more favourable outcome, particularly in minor offences.

Criminal defence nationwide

At Alonso Sala we are a firm dedicated exclusively to criminal law, based at Velázquez 27, Madrid, with coverage across Spain. We handle the defence in proceedings for electricity, water, gas or telecommunications theft, paying particular attention to proof of authorship and to the accuracy of the estimated amount. If you are facing a situation of this kind, you can contact the firm so we can review your case.