Lawyer for Appropriation of Property Received by Mistake

Criminal defence in the appropriation of money or property received through the transferor's mistake (Art. 254.1 CP).

Defense Keys: Appropriation of Property Received by Mistake

Criminal defence in the appropriation of money or property received through the transferor's mistake (Art. 254.1 CP).
Conduct: Appropriating money or movable property received by mistake from the person who delivered it (transfer, deposit or mistaken delivery).
Receiving is not an offence: The mere fact of receiving by mistake is not punishable; the offence arises upon declining to return it once the mistake is known.
Basic offence (Art. 254.1 CP): Fine of 3 to 6 months for appropriating money or property received through the transferor's mistake.
Lesser offence (Art. 254.2 CP): If the amount does not exceed €400, the penalty is reduced to a fine of 1 to 2 months.
Good faith: Anyone unaware of the mistake or who returns it as soon as noticed commits no offence; intent requires awareness of the mistake and the will to keep what was received.

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Appropriation of Property Received by Mistake: Legal Framework

The appropriation of property received by mistake is governed by Article 254.1 of the Criminal Code. It punishes anyone who, outside the cases of disloyal administration or misappropriation in the strict sense, receives money or movable property through the transferor's mistake and, knowing of it, appropriates it instead of returning it. As criminal defence lawyers specialising in offences against property, at Alonso Sala we take on the defence of those accused following a wrong transfer or bank deposit.

The most common scenario is the wrong transfer or deposit: an amount that reaches an account by mistake of the payer or the bank. It also covers the mistaken physical delivery of goods. One essential principle must be stressed: receiving by mistake does not, in itself, constitute any offence. Criminal liability only arises when, once aware of the mistake, the recipient decides to keep what was received.

The Transferor's Mistake

The element that structures this offence is the mistake of the person transferring: the delivery occurs by error, without any deception by the recipient. This feature distinguishes it from fraud, where it is the perpetrator who brings about the transfer of assets through prior deception. In the appropriation under Art. 254.1 CP, the recipient is unconnected to the cause of the mistake: they simply receive something that was not due to them and later decide to appropriate it.

For this reason, expert evidence on the origin of the mistake (a software failure, a mistyped digit, a confusion of recipient) is key: if it is established that the recipient induced or actively exploited the error, the classification could shift towards fraud; if the mistake was entirely unconnected to them, we remain within the scope of Art. 254.1 CP.

The Duty to Return Once the Mistake Is Known

The core of the offence is the breach of the duty to return. Anyone who receives a wrong transfer is obliged to return it as soon as they become aware of the mistake. The offence is not committed upon receiving, but upon declining to return while knowing that the money or property does not belong to them. Hence awareness of the mistake is a prerequisite of intent: if the recipient was unaware that the amount was undue, or returned it as soon as they noticed, there is no criminal liability.

Defence Strategy

Unawareness of the mistake: Establishing that the recipient was not aware that the amount or property had reached them by error.
Spontaneous return: Showing that they returned what was received as soon as they noticed the mistake, which excludes the intent to appropriate.
Disputing the amount: If it does not exceed €400, the lesser offence applies, with a fine of 1 to 2 months.
Civil nature of the dispute: Maintaining that this is a controversy over the return of an undue payment, outside criminal law.

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Penalty Chart

Type / Scenario	Criminal Penalty
Basic offence (Art. 254.1 CP)	Fine of 3 to 6 months for appropriating money or movable property received through the transferor's mistake.
Lesser offence (Art. 254.2 CP)	If the amount appropriated does not exceed €400, the penalty is reduced to a fine of 1 to 2 months.

* Penalties shown are indicative. The actual penalty depends on case circumstances, applicable mitigating and aggravating factors.

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Our Defense Strategy

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Lack of Awareness of the Mistake

Establishing that the recipient was unaware that the amount or property had reached them by error, which excludes the intent of the offence.

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Immediate Return

Proving that the accused returned what was received as soon as they became aware of the mistake, without using it for their own benefit.

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Redirection to the Civil Sphere

Arguing that a claim for an undue payment should be pursued through civil channels where there is no intent to appropriate.

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.

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Why Choose Us?

Need a criminal defense lawyer for this type of offense? Here's how we work:

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Unawareness of the MistakeWe establish that the recipient was not aware that the money or property had reached them through the transferor's error.

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Spontaneous ReturnWe show that the accused returned what was received as soon as they noticed the mistake, which excludes the intent to appropriate.

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Civil Nature of the DisputeWe maintain that the controversy over the return of an undue payment belongs to the civil sphere and not to criminal law.

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+15 Years of ExperienceTeam dedicated exclusively to criminal law before Spanish courts and tribunals.

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Direct AttentionYour case is handled directly by a senior lawyer of the firm.

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FAQs

What is the appropriation of property received by mistake?expand_more

It means appropriating money or movable property received through the mistake of the person who delivered it, declining to return it once the mistake is known (Art. 254.1 CP).

Is it an offence to receive a transfer by mistake?expand_more

Receiving a wrong transfer is not an offence in itself. The offence arises when, knowing of the mistake, the recipient decides to keep the money instead of returning it.

What is the penalty for appropriating a wrong deposit?expand_more

A fine of 3 to 6 months. If the amount does not exceed €400, it is reduced to a fine of 1 to 2 months; this offence carries no prison penalty based on the amount.

Do I have to return a deposit made to me by mistake?expand_more

Yes. There is a duty to return from the moment the mistake is known. Keeping the money knowing it is not due may constitute the offence under Art. 254.1 CP.

What is the difference from fraud?expand_more

In fraud, the perpetrator brings about the delivery through prior deception. In the appropriation under Art. 254.1 CP, the delivery is due to a transferor's mistake unconnected to the recipient, who only later decides to appropriate what was received.

What if I did not know the money was a mistake?expand_more

Unawareness of the mistake excludes intent. If the recipient believed in good faith that the amount was due to them, they commit no offence by the mere fact of having received it.

What happens if I return the money as soon as I notice?expand_more

Spontaneous return, once the mistake has been noticed, excludes the intent to appropriate and therefore criminal liability.

Is it a civil or criminal matter?expand_more

Where the intent to appropriate is absent, the dispute over the return of an undue payment is civil. Criminal proceedings are reserved for cases where the recipient declines to return while aware of the mistake.

gavelElements of the Crime

check_circleReceipt by mistake:The money or property reaches the recipient through an error of the transferor, with no prior deception by the recipient.
check_circleAwareness of the mistake:The recipient realises that what was received is not due to them; without that awareness there is no intent.
check_circleRefusal to return:The offence is completed by appropriating what was received instead of returning it once the mistake is known.

gavelPenal Consequences

Basic offence (Art. 254.1 CP)

Fine of 3 to 6 months for appropriating money or movable property received through the transferor's mistake.

Lesser offence (Art. 254.2 CP)

If the amount appropriated does not exceed €400, the penalty is reduced to a fine of 1 to 2 months.

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