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Criminal Deception

Criminal deception is a crime against property or patrimony.

Real Life Case

I was asked for six thousand euros as a token of good will to buy a house and then such house did not exist. This has happened to other people as well. I was given a bank account number to deposit the money, I have the transfer receipt. Can I get my money back?

I am English and live in Costa del Sol. An English woman 30 years younger than me, asked me for a loan of 130,000 pound, she signed a contract and then married me. During the 2 years that we lived together, spending my money to improve our home, after I was done she threw me out. Now I am penniless.

She never returned the money she owed me, you’d have to read the ambiguous contract and it does not establish a deadline to return the money. But it does say that she answers to the debt with her home and if she were to sell it I am entitled to half of the money. She sold the house but continues to live in it and has not given me a cent. I need an English speaking criminal lawyer in Madrid, thank you.

“They came to buy from me 100 air conditioner devices, and signed for installments for 30, 60 and 90 days. These were not paid for and the company disappeared. Apparently the police arrested them and I was wondering if you could help me, my number is…”

The nucleus of the criminal type in criminal deception is deceit. The author of the crime pretends to deliver a patrimonial thing by means of deceit; this means making believe the existence of something that does not exist. For example: A 500 euros down payment is required in the acquisition of a condo in a complex that does not exist.

The legally protected right is patrimony or property. Modernly the most appropriate term is patrimony, which consists in a universality of rights, which constitutes passives and actives. In general terms, when as a consequence of deceit a diminishing of patrimony is produced, by the sudden appearance of a passive in detriment of an active, the legally protected rights have been harmed.

Different modalities exist , because it is understood that deceit may be produced in an active way (most frequent) as in a passive way. The main problem is to understand that deceit in a passive way is considered criminal deception. A passive role (not informing or telling something), is difficult to produce a con in a great magnitude.

In Spanish law there is a difference between constitutive criminal deceptions and faulty deceptions, being what sets them apart the value of what was deceived. To understand this an understanding is needed between the differences of crime and fault, that relies on the fact that:

  • Faults are only punishable when consummated, when damage has already occurred, now this rule is not absolute, because faults against people and patrimony are punished, also when there is intent.
  • Relapse only counts for crimes, not faults.
  • Faults are judged by a judge of instruction, and crimes by a penal judge.
  • As a rule to differentiate one another is the gravity of the conduct: greater gravity in a crime than in a fault.

Aggravated types of Criminal Deceptions:

  • Out of primary need
  • Fight simulation
  • Thru checks or promissory notes
  • Using somebody else’s signature
  • Artistic, historical, cultural, scientific patrimony
  • Special Gravity
  • Contact abuse