Areas of defence
In short
These are offences that cause financial loss to another person or company. The Criminal Code groups them, together with offences against the socio-economic order, in Title XIII of Book II. Closely related are offences against the Tax Authorities and Social Security (Title XIV) and forgery offences (Title XVIII), which often appear in the same proceedings.
The amount involved, previous convictions and the way the offence was committed change the penalty considerably. That is why the first step is always to classify the facts correctly.
In these proceedings, paperwork is everything: contracts, bank statements, emails, invoices and messages. We analyse the documents, check whether the facts really amount to a crime or are a civil dispute, and prepare your statement if you have been summoned as a suspect. Where there has been a loss, we assess compensating the victim, which the Criminal Code takes into account as a mitigating factor.
If you have been the victim of fraud or misappropriation, we file the complaint or private criminal action (querella) and act as private prosecutor to try to recover your money.
Theft means taking something that belongs to someone else without force or violence, for example when they are not paying attention (Article 234 of the Criminal Code). Robbery involves using force to get to the item, such as breaking a lock, or violence or intimidation against the person (Article 237). Robbery carries heavier penalties.
Normally not: failing to repay a loan is a breach that is claimed through the civil courts. It may be fraud if there was deception from the outset to obtain the money, or misappropriation if the money was given for a specific purpose and was diverted. Each case needs to be examined.
For theft, fraud and criminal damage, if the amount does not exceed 400 euros the penalty is a fine, unless there are aggravating circumstances. Organic Law 1/2026 has toughened the treatment of people with previous convictions for offences of the same kind, so a criminal record matters.
It does not always avoid it, but it can reduce the sentence. Compensating the victim before trial is a mitigating factor under Article 21.5 of the Criminal Code. For some offences it also affects whether the sentence can be suspended. It is worth planning this with your lawyer.
