What does the crime of fraud consist of?

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In this article we are going to explain the crime of fraud : what it is, where it is regulated, what are the elements of the crime of fraud, what types of fraud exist, their penalties, and more. We can help you At Dexia Abogados we are lawyers specializing in fraud crimes . If you need an office with extensive experience in Criminal Law, contact us and find out without obligation . CONTACT US What is a scam? We understand that a fraud is committed by someone who, for profit, uses a deception sufficient to cause error in another, inducing him to carry out an act of disposal to his own or another's detriment . The crime of fraud, in its basic type , is found in article 248 of the Penal Code , belonging to the first section (fraud), chapter six (fraud), title thirteen ( crimes against property and public order). socioeconomic ) of the second book (crimes and their penalties): Fraud is committed by those who, for profit, use deception enough to cause error in another, inducing them to carry out an act of disposition to their own detriment or that of others. Those convicted of fraud will be punished with a prison sentence of six months to three years.

To set the penalty, the amount defrauded, the economic loss caused to the injured party, the relations between the latter and the fraudster, the means used by the fraudster and any other circumstances that serve to assess the seriousness of the infraction will be taken into account. (...) Article 248 of the Penal Code The doctrine, for the most part, understands that the protected legal asset is the heritage ; The law DM Databases understands that the crime of fraud is not considered consummated until the property damage occurs. In this crime, not only assets are protected, but also good faith or relationships of trust . Elements of the scam Deception is a very important element in scamming ; It must be enough to mislead and at the same time induce the act of asset disposal, which highlights the need for the conduct to be accompanied by fraudulent machination or maneuver. Misleading another person can also be the subject of committing a crime of fraud. The subject who misleads, in this case, must have a position of guarantor towards the victim, that is, he has a position of legal duty of protection.



The act of asset disposal can consist of either delivering or encumbering something, or providing a service. Let's take an example, someone who manages, through considerable deception, to obtain a service from a doctor without the intention of paying is committing fraud. The doctor carries out an act of asset disposal because it implies the performance of behavior with economic value. By profit motive , we understand that which pursues the financial advantage obtained by the appropriation of a thing with economic value, that is, an economic benefit. Doctrine and jurisprudence have required, among the different typical elements of the crime of fraud, a causal relationship such that the error is a consequence of deception, the act of property disposal is a consequence of the error, and the damage is a consequence of the act of disposal , this that is, the existence of a causal link. The crime of fraud would only be committed if there is fraud , conscience and will to deceive another, causing financial damage to himself or a third person. For example, if the author is not aware of the deception, we would not be dealing with a scam.