Specialist Lawyers in Misappropriation in Madrid
We are a law firm specializing in criminal law in Madrid, with extensive experience in cases of misappropriation and financial crimes. Since our founding, we have stood out for achieving outstanding results nationwide, especially before the National Court, obtaining either acquittals for our clients or the dismissal of cases during the investigative phase.
Misappropriation is defined in Articles 253 and 254 of the Spanish Penal Code as a crime against property and the socio-economic order. It is committed when someone, to the detriment of another person, appropriates for themselves or for a third party money, goods, valuables, or any other movable property that they have received in deposit, commission, custody, or safekeeping, with the obligation to return it — or denies having received it.
Unlike crimes such as fraud or theft, misappropriation does not involve deception to obtain the property; rather, the issue arises when the property is not returned.
Requirements for Misappropriation
To constitute the crime of misappropriation, the following elements must generally be present:
The defendant received money, goods, valuables, or other movable property.
The defendant had legitimate possession of those items, having received them from someone who was entitled to provide them.
The defendant had the obligation to deliver or return the items.
The defendant then made the items their own instead of returning them.
The act resulted in a financial detriment to the rightful owner.
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In accusing someone of misappropriating money or property, it must first be established that the person filing the complaint is the legitimate owner or possessor of the item and that there was an agreement to transfer possession temporarily, not to sell or give the item away.
Penalties for the Crime of Misappropriation
Under Spanish law the penalties can vary depending on the circumstances:
Basic Offense: Misappropriation of money, goods, valuables, or other movable property that was received in deposit, commission, or custody is typically punished with 6 months to 3 years in prison.
Aggravated Offense: The penalty increases to 1 to 6 years in prison and a fine of 6 to 12 months if aggravating circumstances are present.
Highly Aggravated Cases: If special circumstances exist or the value of misappropriated property exceeds €250,000, the penalty may be 4 to 8 years in prison plus a fine of 12 to 24 months.
Other Cases: Misappropriation of another person’s movable property in other situations is usually punished with a fine of 3 to 6 months.
Cultural / Historic Items: If the misappropriated items have artistic, historical, cultural, or scientific value, the penalty can be 6 months to 2 years in prison.
Where to Find Us
Valmaseda Abogados is based in Madrid and provides legal assistance in criminal matters including misappropriation and other economic offenses.
