Criminal Lawyers in Property and Socioeconomic Law
Offences against property are those aimed at undermining the assets and rights of a private individual, legal person or public institution, for profit, either for their own benefit or for the benefit of a third party.
The most common crimes against assets are theft, robbery, the latter being an aggravated form of the former, swindling, fraud, misappropriation, misappropriation of property or damage, whether intentional or committed through gross negligence.
In turn, crimes against the socio-economic order, introduced by the 1995 Penal Code, are those known as "white-collar crimes", and are those whose consequences harm global or collective interests of the economic life of a State and supranational entity.
The most common crimes against the socio-economic order are crimes against intellectual and industrial property, crimes against free market pricing criteria or crimes against the Public Treasury, among others.
The criminal lawyers in Madrid of G. Elías y Muñoz Abogados, with professional offices in Madrid, Majadahonda and Pozuelo de Alarcón, are specialists in the resolution of any problem that may arise from crimes against property and the socio-economic order.
Theft
Article 234 Penal Code
"Anyone who, for profit, takes another's movable property without the owner's consent shall be punished, as a theft offender, with a prison sentence of six to eighteen months if the amount of the stolen property exceeds 400 euros.
Theft is constituted as the action of stealing someone else's property, without the concurrence of force, violence or intimidation.
The criminal lawyers at G. Elías y Muñoz Abogados, with professional offices in Madrid, Majadahonda and Pozuelo de Alarcón, are specialists in resolving any problems that may arise from theft offences.
Robbery
Article 237 Penal Code
"The crime of robbery is committed by those who, for profit, seize the movable property of others by using force to gain access to the place where it is located or violence or intimidation against persons".
According to the above, robbery is a kind of aggravated form of theft, due to the concurrent circumstances at the time of committing the crime. As we can see, in order for the crime of robbery to exist, it will be necessary that what is stolen is carried out with force or violence or intimidation to persons. Likewise, the penalty for the crime of robbery is also more severe than that for the crime of theft.
The criminal lawyers at G. Elías y Muñoz Abogados, with professional offices in Madrid, Majadahonda and Pozuelo de Alarcón, are specialists in resolving any problems that may arise from theft offences.
Scam
"Article 248 of the Penal Code: "Fraud is committed by those who, for profit, use deception sufficient to produce error in another, inducing them to carry out an act of disposition to their own or another's detriment".
Three elements are necessary for the concurrence of the offence of fraud:
- The first is sufficient deception, produced by any means, of the victim, to induce him to make a mistake and to make a financial disposition.
- The second is the intention to make a profit, either for oneself or for the benefit of a third party, which is present in the person of the perpetrator of the offence.
- Thirdly, an act of disposal of property by the victim as a result of the error and which causes damage to his or her assets.
The criminal lawyers at G. Elías y Muñoz Abogados, with professional offices in Madrid, Majadahonda and Pozuelo de Alarcón, are specialists in resolving any problems that may arise from fraud offences.
Misappropriation
Article 252 Penal Code
"Those who, to the detriment of another, appropriate or distract money, effects, securities or any other movable thing or patrimonial asset that they have received in deposit, commission or administration, or by another title that produces an obligation to deliver or return them, or deny having received them, will be punished with the penalties of article 249 or 250, where appropriate, when the amount of the appropriated amount exceeds four hundred euros".
As with the offence of fraud, the offence of misappropriation involves several requirements, all of which are necessary for the offence to be committed:
Firstly, that the perpetrator of the offence receives money, securities or any other assets as a deposit, commission or administration, and is therefore obliged to return or hand them over after a certain period of time or once a condition has been fulfilled.
Secondly, that such return or delivery does not take place, because the perpetrator of the offence of misappropriation has incorporated the securities or effects into his own assets or those of a third party who is not the person who owns them.
The criminal lawyers at G. Elías y Muñoz Abogados, with professional offices in Madrid, Majadahonda and Pozuelo de Alarcón, are specialists in resolving any problem that may arise from misappropriation offences.
Confiscation of property
Article 257 Penal Code
- Shall be punished by imprisonment for a term of one to four years and a fine of twelve to twenty-four months:
- Whoever takes possession of his assets to the detriment of his creditors.
- Whoever, for the same purpose, carries out any act of disposal of assets or generating obligations that delays, hinders or prevents the effectiveness of a seizure or of an executive or enforcement procedure, judicial, extrajudicial or administrative, initiated or foreseeably initiated".
The offence of punishable insolvency or concealment of assets requires the constitution of a prior situation, such as that the perpetrator of this offence has a debt to a third party, either to the Public Administration or to any individual or legal person, who is a creditor.
A typical case of asset stripping or punishable insolvency is when the debtor disposes of his assets, to the detriment of his creditors, by means of false sales or false donations.
The criminal lawyers at G. Elías y Muñoz Abogados, with professional offices in Madrid, Majadahonda and Pozuelo de Alarcón, are specialists in resolving any problem that may arise from crimes of punishable insolvency or concealment of assets.
Damage
Article 263 Penal Code
- Anyone who causes damage to the property of others not included in other titles of this Code shall be punished with a fine of six to 24 months, taking into account the economic condition of the victim and the amount of the damage, if this exceeds 400 euros.
- Whoever causes the damage mentioned in the previous section shall be punished with a prison sentence of one to three years and a fine of twelve to twenty-four months, if any of the following circumstances apply:
- That they are carried out to impede the free exercise of authority or as a consequence of actions executed in the exercise of their functions, whether the offence is committed against public officials or against private individuals who, as witnesses or in any other way, have contributed or may contribute to the execution or application of the Laws or general provisions.
- That infection or contagion of livestock is caused by any means whatsoever.
- Poisonous or corrosive substances are used.
- Affecting property of public or communal domain or use.
- That they ruin the injured party or place him in a serious economic situation.
- Infection or contagion of livestock is caused by any means.
- Poisonous or corrosive substances are used.
- Affecting property of public or communal domain or use.
- That they ruin the injured party or place him in a serious economic situation.
Any person who causes damage to other people's property will be punished for the crime of damage, with the particularity that the circumstance of kinship is considered as an exonerating circumstance for this crime.
The criminal lawyers at G. Elías y Muñoz Abogados, with professional offices in Madrid, Majadahonda and Pozuelo de Alarcón, are specialists in resolving any problem that may arise in relation to crimes of damage.
Corporate crime
Article 290 Penal Code
"The administrators, de facto or de jure, of a company incorporated or being formed who falsify the annual accounts or other documents that should reflect the legal or economic situation of the entity, in such a way as to cause economic damage to the same, to one of its partners or to a third party, shall be punished with a prison sentence of one to three years and a fine of six to twelve months".
The situation of prevalence enjoyed by the de facto or de jure administrator of a company, whether it is incorporated or in formation, being able to handle and falsify the company's accounts or any other document of the legal transaction, supposes the factual presupposition for the concurrence of a corporate crime, which will be committed to the detriment of the company itself, one of the partners or a third party with an interest in the company.
There are various typical ways of committing a corporate offence, so if you have any queries in this regard, please do not hesitate to contact us.
The criminal lawyers in Madrid of G. Elías y Muñoz Abogados, with professional offices in Madrid, Majadahonda and Pozuelo de Alarcón, are specialists in resolving any problem that may arise from corporate crime.
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