Criminal Defence Lawyers in Insurance Fraud
Specific defence for mobile phone theft simulations and insurance scams.
Faking a robbery or theft to claim on an insurance policy in Spain is prosecuted as two offences at once: simulation of an offence (Art. 457 of the Spanish Criminal Code (CP)), punished with a fine of 6 to 12 months where the false report triggers procedural steps, and fraud against the insurer (Art. 248 CP), carrying 6 months to 3 years' imprisonment — usually as an attempt, with the penalty lowered by one or two degrees (Art. 62 CP), when the indemnity was never paid. If the false report blames a specific person, the more serious false-accusation offence of Art. 456 CP applies. Police uncover these schemes through IMEI tracing and geolocation; our defence targets the fraudulent-intent element, uses voluntary repayment as a mitigating circumstance and negotiates a fine-only outcome.
The Trap of the Fake "Violent Robbery"
Reporting a non-existent mugging to cover the loss of a phone or to claim on an insurance policy seems harmless, but it is a trap. The police investigate reported violent robberies; when the device is geolocated, found in use or traced to a sale, the person who filed the report becomes the accused.
A Double Offence
The conduct can amount to two offences at once: simulation of an offence (Art. 457 CP), which harms the Administration of Justice and carries a fine of 6 to 12 months once the false report triggers procedural steps, and fraud (Art. 248 CP) against the insurer, punished with 6 months to 3 years' imprisonment — normally as an attempt, with the penalty lowered by one or two degrees (Art. 62 CP), because the indemnity is rarely paid out. Both can be imposed together, since each protects a different legal interest. And if the false report blames an identified person, the exposure escalates to false accusation (Art. 456 CP), which reaches 6 months to 2 years' imprisonment plus a fine where a serious offence is alleged. What the prosecution will seek to prove is a deliberate plan to obtain the indemnity.
Our Strategy
We intervene early to limit the exposure: voluntary repair of the damage (returning the indemnity), negotiation with the prosecutor and the insurer, and a defence aimed at the most favourable outcome, avoiding the addition of sentences where the facts allow.
Penalties & Consequences: Criminal Defence Lawyers in Insurance Fraud
| Type / Scenario | Criminal Penalty |
|---|---|
| Principal Penalty | Simulation of an offence (Art. 457 CP): fine of 6 to 12 months. Fraud against the insurer (Art. 248 CP): 6 months to 3 years' imprisonment; as a mere attempt, the penalty drops by one or two degrees (Art. 62 CP). |
| Fines and Ancillary Penalties | Day-fines set by the court according to means; both penalties can be imposed together because each offence protects a different legal interest. |
| Civil Liability | Refund of any indemnity collected from the insurer, plus the costs generated by the proceedings the false report set in motion. |
* Penalties shown are indicative. The actual penalty depends on case circumstances, applicable mitigating and aggravating factors.
Defense Strategy: Criminal Defence Lawyers in Insurance Fraud
Damage Repair
Returning the insurance payment immediately.
Conformity
Agreeing to a fine to avoid trial and prison risk.
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