What an economic offence actually is
Fraud under article 248 of the Criminal Code requires a deception serious enough to lead someone into an error that makes them dispose of their assets to their own or another's detriment, done for profit. The base penalty runs from six months to three years in prison, and article 250 raises it, one to six years, when the amount exceeds €50,000, affects the victim's main home, misuses another person's signature, or simulates a lawsuit. Fraud also covers computer manipulation that triggers an unauthorised transfer of assets: phishing and card fraud fall under this.
Money laundering under article 301 punishes acquiring, holding, using, converting or transferring assets while knowing they come from criminal activity, in order to hide their origin or help the person who committed the offence evade justice. The penalty runs from six months to six years in prison plus a fine of up to three times the value of the assets. There is also a gross-negligence version, with a lower penalty, aimed at anyone who should reasonably have suspected the illicit origin of the money and failed to.
What surprises almost everyoneyou do not need to know exactly which crime the money came from to be liable for laundering it. It is enough to have been unable reasonably to ignore that its origin was unlawful, and that is precisely what is argued in cases involving people used as «money mules» to move transfers on someone else's behalf.
The clock: what happens, and when
These are the five real stages of the procedure. The second one, the banking trail, takes the longest, and it is usually also what decides whether there is criminal liability or just a misunderstanding.
The decision: what to do depending on your position in the case
These offences are investigated differently depending on whether you suffered the fraud or are the one under investigation, and in both cases the first decisions matter the most.
If you were defrauded
- Gather all the documentation of the transaction (contracts, emails, transfers) before it is lost.
- File the complaint or private prosecution as soon as possible: freezing accounts works far better when requested immediately.
- Joining the case as a private prosecutor lets you seek compensation and put forward your own evidence.
- If a bank transfer was involved, many institutions only have a very short window to attempt a recall.
If you are the one under investigation
- Do not give a statement without a lawyer, either to the police or to the court.
- Gather documentation that backs your version of events: how you received the money and what you did with it.
- In possible «money mule» cases, what matters is proving there were no reasonable warning signs in the transaction.
- If you were acting on behalf of a company, also review its exposure as a legal entity under article 31 bis.
What we do, and when
This is the actual work, not a statement of intent:
Before you give a statement. We review the banking records and the transactions under investigation, and prepare the statement drawing the line between intent and negligence.
If you are the victim. We prepare the complaint or private prosecution and urgently request the asset-based measures that stop the money disappearing.
Reviewing corporate exposure. When the act is attributed to a representative, we assess the company's liability under article 31 bis and the state of its compliance programme.
The calculation, in writing. The amount involved, applicable aggravating or mitigating factors, and what civil liability is at stake. You decide on that basis, not us.
If there is no settlement. We prepare the documentary and forensic accounting evidence for trial: this is a case that is won with paperwork, not with narratives.
On outcomesno lawyer can tell you in advance what a court will decide, and anyone who does is selling you something. What we can give you before you give a statement is the full map of scenarios and what depends on you in each one.
Fees and how to start
A first criminal-law consultation costs €150, VAT included, and covers a review of the documents and an explanation of where the case stands. There is no file-opening charge and no fee for calling to ask the price. The detail is on our consultations and fees page.
If you have a summons for tomorrow or an account freeze under way, call the urgent line: +34 638 88 64 33, with telephone assistance 24 hours a day for criminal emergencies. Any intervention is subject to availability, conflict-of-interest checks and acceptance of the instruction.
Where we see youRambla Just Oliveras, 64, mezzanine 1, 08901 L'Hospitalet de Llobregat. 32 metres from the L1 metro and 117 from the Renfe station. In person Monday to Thursday 9 am to 6 pm and Friday 9 am to 2 pm.
Frequently asked questions
What is the difference between simple and aggravated fraud?
Basic fraud under article 248 carries six months to three years in prison. Article 250 makes it aggravated —one to six years— when the amount exceeds €50,000, involves the victim's main home, misuses another person's signature, or simulates a lawsuit, among other circumstances.
Can I be guilty of money laundering without knowing which crime the money came from?
Yes. Article 301 of the Criminal Code does not require knowledge of the specific underlying offence: it is enough to know, or to be unable reasonably to ignore, that the assets came from an unlawful activity. There is also a gross-negligence version, with a lower penalty, for anyone who should have suspected and did not.
What if I was used as a money mule without knowing it?
The defence focuses on proving the absence of intent and of gross negligence: that there were no reasonable warning signs in the transaction, that you cooperated with the investigation as soon as you became aware, and that there was no disproportionate benefit for simply moving the money.
Can a company be convicted of these offences?
Yes. Article 31 bis of the Criminal Code allows the company itself to be convicted if the offence is committed in its name and for its benefit by its representatives, or through inadequate oversight. An effective compliance programme, in place before the fact, can exempt or reduce that liability.
Read on
Do you have a fraud or laundering case?
The sooner we review the banking records, the more room there is to act. The fee is published on our fees page.