What you say in your first statement as a suspect in a Spanish fraud case is recorded in the file, and if you tell a different story at trial it can be read back to you and you will have to explain the difference to the judge. Before you speak you are entitled to know what you are accused of, to examine the file and to say nothing. Money works in a similar way, because repaying before the trial begins is a mitigating factor that lowers the sentence, and repaying afterwards no longer counts as one.
I am Luis Jurado Cano, a criminal lawyer registered with the A Coruña Bar Association under number 6317, and at Perseus & RC Abogados I defend people who have been reported or are under investigation for fraud, from the first summons to the judgment. The general fraud page also covers the victim’s side. This one is only about the defence.
Before you go to court
The summons comes by letter from the court or is handed to you by the police, and it asks you to appear as an investigado, the Spanish term for a suspect. You must attend. What you can do is prepare. We ask for a copy of the complaint and of whatever has been investigated, and we talk privately beforehand, which is your right even if it is the police who take your statement. If your Spanish is not fluent, ask for an interpreter, which is free.
Start gathering everything that explains your dealings with the complainant today. Contracts, quotes, invoices, complete WhatsApp conversations, emails and receipts for what you paid or delivered. Do not delete anything, even if it looks bad, because a gap in a chat is noticed and undermines everything else. And do not call the complainant to ask them to drop the case. Their forgiveness does not close it, and the call can end up in the file as pressure.
When there is only a debt behind it
Some fraud complaints are really claims for money that the creditor has taken to the criminal court because it puts more pressure on you than a lawsuit. Spanish law requires deception before the payment, and that deception must be the reason the other person paid. If you received a loan, an advance or a job with every intention of performing and later could not, that is a breach of contract for the civil courts. The defence then consists of showing that the intention to perform was there when the deal was made, and when that is shown early we ask for the case to be dismissed. The page on loans, partners and business deals looks at the same line from the other side.
Repay, plead or go to trial
When the facts are not in dispute, money weighs most. Repairing the harm before trial, fully or in part, lowers the sentence, and full, early repayment can lower it further. During the investigation the judge can also require a bond to cover the claim and seize assets if it is not provided, and hiding assets at that point is a separate offence.
The other option is a plea agreement (conformidad), where you accept the facts and the sentence at the start of the trial, usually after negotiating a lower one with the prosecutor. The judge can decide on the spot whether to suspend the sentence, but the judgment cannot then be appealed on the merits. I only recommend it when the evidence is strong and the deal is genuinely better than what a trial is likely to bring.
If you are convicted
If the prison sentence is two years or less and you have no relevant record, the judge can suspend it so you do not go to prison, provided you have paid what you owe or undertake to pay according to your means. For frauds of 400 euros or less the penalty is a fine, which I explain in reported for a minor offence in Spain. How a record is cleared later is in how to expunge a criminal record in Spain. If you are accused because a fraud victim’s money went through your bank account, see money mules and money laundering, and if the facts happened online, investigated for a cybercrime in Spain.
Where we are
Rúa Torreiro 13, 3.º C, 15001 A Coruña, Spain. Phone +34 677 841 007. If you live elsewhere or the summons comes from a court in another province, we start by phone or video call, in English.
Frequently asked questions
I have been summoned as an investigado in a fraud case. What does that mean?
It means the court has a complaint that names you and wants to hear your side. It is not a charge and not a conviction. You are entitled to a lawyer, to be told what you are accused of, to see the file before you give a statement and to an interpreter if you need one. If you fail to appear without good reason, the judge can order your arrest to bring you in.
Do I have to answer questions if I am accused of fraud in Spain?
No. You may remain silent, answer only some questions or answer only your own lawyer. Silence is a right and does not make you guilty, but it is not always the best choice, so we decide after seeing the file.
If I pay the money back, can the complainant withdraw the case?
Not in a fraud case. Fraud is prosecuted even if the victim forgives you, and the public prosecutor carries on. Repaying before trial reduces the sentence and makes it easier to avoid prison if you are convicted, and once paid the victim has no money left to claim from you.
I have been reported for fraud because I could not repay a debt. Is that a crime?
Failing to pay a debt is not a crime in Spain. It is fraud only if you deceived the other person into handing over the money, knowing from the start that you would not perform. If you meant to pay and later could not, the matter belongs in the civil courts, and part payments, work carried out and messages from the time show it.
Will a fraud conviction give me a criminal record in Spain?
Yes, even if the sentence is suspended. The record is expunged after a period without reoffending that depends on the sentence imposed, and while it stands it can prevent a future sentence from being suspended.