What circumstances occur in the aggravated crime of fraud?

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The penalty established for the basic type of fraud is imprisonment of 6 months to 3 years, corresponding to a less serious crime . However, if, in addition to all the necessary elements for the basic crime of fraud, the circumstances of article 250 are met, the penalty is aggravated, consisting of a prison sentence of 1 to 6 years and a fine of 6 to 12 months. This article does not contemplate aggravating circumstances , but rather aggravated types of crime depending on the circumstances that arise. The different aggravated types of the crime of fraud included in the Penal Code are: Fraud aggravated by affecting specific assets This aggravated type occurs when the fraud involves essential goods, homes or other assets of recognized social utility (articl or when it affects assets that are part of the artistic, historical, cultural or scientific heritage (artic Scam aggravated by the seriousness of the damage There is also an aggravated type of fraud when the damage suffered by the.

Victim or his or her family is especially serious and leaves them in a precarious economic situation (article 250.1.4) and also if the value of what was defrauded exceeds 50,000 euros or affects a high number of people (250.1.5º). The jurisprudence affirms that when a scam occurs that continues over time and the value of what was defrauded exceeds €50,000 in total, it is not an aggravated type but rather a continuous crime . To DM Databases appreciate the aggravated modality, it requires that the amount of €50,000 has been defrauded in a single act of disposition. Scam aggravated by breach of trust If the perpetrator commits the fraud by abusing the signature of another, or by stealing, hiding or rendering useless, in whole or in part, any process, file, protocol or public or official document of any kind, it is also considered especially conduct. reprehensible (article 250.1.2º). This type shares characteristics with the scam that is committed by abusing the existing relationships between the scammer and the victim, or taking advantage of one's own business or professional credibility.



Scam aggravated by procedural fraud Fraud that consists of obtaining a judicial resolution that financially harms the other party or a third party, using the manipulation of evidence or any other similar procedural fraud that misleads the judge or court, is also punished with an aggravated penalty ( article 250.1.7º). Therefore, to appreciate this aggravated rate it is necessary that the result mentioned in the article occurs. Jurisprudence admits its attempted commission . Scam aggravated by recidivism Recidivism in the crime of fraud also constitutes an aggravated type, if the perpetrator has been executorily convicted of at least three crimes of fraud , as long as his criminal record is not canceled or should be (article 250.1.8º). Scam aggravated by the high amount defrauded In this case, it is a particularly aggravated type, since, if the value of what was defrauded is greater than 250,000, regardless of the nature of the assets affected, the expected penalty is imprisonment of 4 to 8 years and a fine o months.