Computer Fraud Lawyer
Specialist criminal defense in computer fraud: system manipulation, phishing and non-consented transfers (Arts. 248-249 CP).
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Computer Fraud: Legal Framework
Computer fraud is the form of fraud committed without deceiving a person directly, by manipulating a computer system to obtain a non-consented asset transfer. It is governed by Articles 248 and 249 of the Spanish Penal Code, which equate to classic fraud the use of "some computer manipulation or similar artifice" that produces the displacement of an asset to another's detriment.
As criminal lawyers, we defend both people under investigation and victims seeking to recover what was defrauded. The boundary with technical cybercrime (illegal access or computer damage) matters: computer fraud protects property, not the integrity of systems.
Forms
- Phishing and smishing: fraudulent capture of banking credentials by impersonating the bank, followed by unauthorized transfers.
- Online banking manipulation: execution of payment orders or transfers by accessing the victim's account.
- Unauthorized use of card data: purchases or charges using unlawfully obtained card numbers (physical use of forged cards overlaps with Art. 399 bis).
- CEO fraud (BEC): false transfer orders impersonating an executive or a supplier.
Penalties & Aggravations
The basic offence carries 6 months to 3 years' imprisonment, set according to the amount defrauded and the means used. Where the amount does not exceed 400€, the conduct may be a minor offence punished with a fine. The aggravated subtypes of Article 250 —1 to 6 years and a fine— apply when the amount exceeds 50,000€, the conduct affects a plurality of people or a third party's identity is used.
Defense Strategy
- Challenging authorship: an IP, a device or a destination account do not by themselves prove who carried out the operation; we demand conclusive technical evidence.
- The "money mule" position: someone who merely lends an account may be unaware of the unlawful origin of the funds; we analyze intent and possible atypicality.
- Amount and unit of action: we discuss the aggregation of amounts and classification as a minor or continued offence.
- Bank liability: when defending the victim, we claim against the bank for its duties of diligence and strong authentication.
Penalty Chart
| Type / Scenario | Criminal Penalty |
|---|---|
| Basic offence (Arts. 248-249 CP) | 6 months to 3 years' imprisonment, depending on the amount and means used. |
| Minor offence | If the amount does not exceed 400€, a fine (minor offence). |
| Aggravated (Art. 250 CP) | 1 to 6 years and a fine where the amount exceeds 50,000€, affects a plurality of people or a third party's identity is used. |
* Penalties shown are indicative. The actual penalty depends on case circumstances, applicable mitigating and aggravating factors.
Our Defense Strategy
Forensic IT Expert Report
Technical analysis of logs, devices and traceability to challenge attribution of the operation to the accused.
Delimiting Intent
For fund receivers, establishing lack of knowledge of the unlawful origin to exclude fraud or downgrade the offence.
Claim Against the Bank
For the victim, asserting the bank's liability for breaching its authentication and diligence duties.
Guide to Property Crimes in Spain: Defense Strategies
Property crimes (Crimes Against Assets) are regulated in Title XIII of the Spanish Criminal Code (Art. 234-304). These offenses range from petty theft to complex economic fraud, with penalties varying greatly depending on the amount involved, the method used, and any aggravating circumstances.
Key Distinctions: Theft, Robbery, and Fraud
| Offense | Article | Key Element | Basic Penalty |
|---|---|---|---|
| Minor Theft (Hurto leve) | Art. 234.2 | <400€, no force | Fine 1-3 months |
| Theft (Hurto) | Art. 234.1 | >400€, no force | 6 months – 18 months |
| Aggravated Theft (Art. 235) | Art. 235 | Special items/multi-recidivist | 1 – 3 years |
| Robbery with Force | Art. 240 | Breaking in/tools | 1 – 3 years |
| Robbery with Violence | Art. 242 | Direct threat/intimidation | 2 – 5 years |
| Fraud (Estafa) | Art. 249 | Deception + financial harm | 6 months – 3 years |
Main Defense Strategies in Property Crimes
Challenge the Animus Lucrandi
Demonstrate that the accused had no intent to profit — a valid defense in alleged theft cases.
Contest Valuation
Dispute how the value of the stolen item was assessed. Below €400 = minor offense with much lower penalties.
Prior Consent or Ownership Claim
In disputes between acquaintances, prove the accused believed they had a right to the item.
Recidivism Analysis
Many aggravated theft charges rely on prior criminal record. Challenge the computation of prior offenses.
Chain of Custody (Receiving Stolen Goods)
Challenge the prosecution's evidence that the accused knew the items were stolen.
Error of Type Defense (Fraud)
In commercial fraud cases, demonstrate that the accused genuinely believed their representations were true.
Critical: Time Limits for Evidence
In property crimes, digital evidence (CCTV footage, mobile location data) is often deleted within 30 days. Contacting a specialist lawyer immediately after arrest or charge is essential to preserve exculpatory evidence.
Why Choose Us?
Need a criminal defense lawyer for this type of offense? Here's how we work:
gavelElements of the Crime
- check_circleComputer manipulation:Alteration of a system's operation or a similar artifice, not deception aimed at a person.
- check_circleNon-consented transfer:Displacement of an asset without the owner's authorization.
- check_circleIntent to profit and harm:Purpose of obtaining a benefit with corresponding harm to a third party.
gavelPenal Consequences
6 months to 3 years' imprisonment, depending on the amount and means used.
If the amount does not exceed 400€, a fine (minor offence).
1 to 6 years and a fine where the amount exceeds 50,000€, affects a plurality of people or a third party's identity is used.
FAQs
What is computer fraud?expand_more
What is the penalty for computer fraud?expand_more
Is phishing computer fraud?expand_more
Can I be convicted just on my IP address?expand_more
I lent my account to receive a payment — am I liable?expand_more
Is the bank liable if my account is emptied?expand_more
Can the mitigating factor of reparation apply?expand_more
Do you need specialised legal assistance?
The judicial system is complex. We have the criminal-law specialisation and technical resources required to take on the defence.