Criminal Defense Lawyer for Misappropriation in Madrid
A provision of funds that is not returned, a commission that is not settled, a deposit that is disposed of: if you are under investigation for the offence of misappropriation (art. 253 CP), everything hinges on the title under which you received the asset and on whether there was an actual act of appropriation. We are criminal defense lawyers in Madrid, experts in misappropriation: we defend the person under investigation and also represent the injured party who brings a private prosecution. 24-hour line: 681 256 507.
Criminal defense lawyer specialising in misappropriation in Madrid, available 24 hours
A complaint for misappropriation often conceals a simple debt or a dispute over the title under which the money was received, not a crime. We are criminal defense lawyers in Madrid, specialists in economic crimes, and we defend both the person under investigation and the person who has suffered the harm and brings a private prosecution, always in different cases: we never represent both parties. We handle your case from start to finish, without passing you from one lawyer to another.
Other areas of economic criminal law we defend in Madrid
A misappropriation case often coincides with other economic criminal offences. These are the other areas in which we take on the defense in Madrid, each with its own page and strategy.
When the facts constitute disloyal management by the administrator (art. 252 CP) without an act of appropriation into one’s own assets.
Falsification of accounts or harmful resolutions within a company that frequently arise in the same case as misappropriation.
When the misappropriation is accompanied by concealment of the origin of the funds and the case expands with requests from SEPBLAC.
When the charge extends to fraud, tax offences or asset stripping, requiring a unified defense for the person under investigation.
Misappropriation lawyers in Madrid: what makes us different
In misappropriation cases, the outcome hinges on the title of receipt and the documentary evidence, not on how many lawyers appear at the hearing. This is what we do differently:
Our own accounting expert report, not brought in later
We do not outsource the accounting expert report to a third party after the statement: we prepare it beforehand, with an expert trusted by the firm, so the exculpatory evidence is ready from the investigation stage.
A single lawyer handles your case, from start to finish
The person who meets you at the first interview is the one who represents you in court. The same lawyer follows your case through to the judgment.
We prepare the statement, we don't improvise it
We review the title of receipt, the accounting documentation and the communications before you sit down to give your statement, not afterwards.
We distinguish the crime from a simple civil debt from day one
The line between a criminal offence and a civil debt is drawn at the initial assessment of the case file, not at trial. If the dispute is civil in nature, we say so from day one.
Legal assistance for those investigated for misappropriation (apropiación indebida) in Madrid
From the first call after a complaint from the aggrieved party or a court summons, here is what we do with you:
We answer your call.
We identify your procedural situation and begin the defence from that moment.
We give you the first instructions.
You have the right to remain silent and not to make a statement without your lawyer.
We review the title of receipt immediately.
We review the title of receipt of the asset and the accounting documentation.
We speak with you alone.
Together we decide what should be stated and what should be reserved.
We assist you at your statement.
We assist you at your statement with the title of receipt and the expert report already reviewed.
We handle this assistance ourselves, 24 hours a day, every day of the year. Madrid city, the Henares Corridor and the whole of Spain.
Misappropriation (apropiación indebida) in Madrid: the offence under art. 253 CP
The offence of misappropriation, defined in the Criminal Code, requires three elements that we examine in every case:
- A title of receipt that creates an obligation to hand over or return money, securities, valuables or any other movable property: deposit, commission, mandate, administration or trust.
- A positive act of appropriation, not mere non-payment: using the asset for purposes other than those agreed, transferring it to third parties or consuming it as one’s own.
- Intent to permanently incorporate the asset into one’s own estate, to the detriment of the rightful owner.
The basic penalty is imprisonment from six months to three years, with an aggravated penalty (art. 250 CP) where the amount exceeds 50,000 euros or there is abuse of a personal relationship of trust.
Common scenarios of misappropriation in Madrid
These are the scenarios we see most often in practice:
- Professionals who withhold funds provided to be paid to third parties.
- Directors who put company funds to personal use.
- Depositaries who dispose of the deposited asset.
- Developers who apply payments on account to purposes other than the development.
Types of misappropriation cases we handle
We have also prepared our own guides on the scenarios that come up most often in consultations:
- Misappropriation within an inheritance: what to do if an heir or authorised person disposes of money from bank accounts before or after distribution.
- Misappropriation between siblings and spouses: when art. 268 CP excludes the criminal route, and when it does not.
- Misappropriation by a director or partner: what the company can do and how it is proven.
Misappropriation (apropiación indebida) in Madrid: the firm's lines of defence
We work on several lines at once, depending on what the receipt title and documentary evidence reveal:
- Challenging the receipt title. If the delivery does not create an obligation to return the specific asset, the offence does not apply and the dispute is civil.
- Distinguishing debt from misappropriation. Simple non-payment is not a crime: a positive act of disposal is required.
- Ruling out intent of permanent appropriation. A temporary inability to return the asset may exclude the offence.
- Pursuing the mitigating circumstance of damage repair (art. 21.5 CP): returning the asset before trial can open the door to an advantageous plea agreement.
24-hour assistance if you receive a summons for misappropriation
Tel. 681 256 507 · [email protected]
Consequences of a conviction for misappropriation in Madrid
Beyond the prison sentence or fine, a conviction has effects that often weigh just as heavily, if not more:
- Criminal record, affecting professional reputation and access to management positions.
- Derived civil liability, with the obligation to return the asset or its value.
- Professional body consequences where the person under investigation practises a regulated profession.
Private prosecution in misappropriation cases in Madrid
When you are the one who has suffered the harm, we prepare the criminal complaint with the necessary evidence (delivery title, accounting records, communications) and bring the civil action within the criminal proceedings themselves.
Defence in misappropriation cases: frequently asked questions
Is an unpaid debt considered misappropriation?
No. There must be a receipt title with an obligation to return the asset and a positive act of disposal. A simple loan debt or commercial transaction is a civil matter, not a criminal one.
What is misappropriation?
It punishes the incorporation into one’s own estate of assets received with an obligation to return them. It differs from fraud in that it does not require prior deception, and from disloyal administration in that it requires an act of appropriation.
My former lawyer won't return my funds on account. What can I do?
Yes, it may apply if the funds were provided for specific expenses that were not incurred and are not returned, without prejudice to a claim before the Bar Association.
What is the difference between misappropriation and fraud?
Yes. Returning the asset before trial acts as a mitigating circumstance (art. 21.5 CP) and can open the door to an advantageous plea agreement, or even suspension of the sentence in cases of lower amounts.
When does the offence of misappropriation become time-barred?
Five years for the basic form, ten for the aggravated form (art. 131 CP). It is advisable to review this with the firm as soon as you become aware of the investigation.
Our office at Goya 20, Madrid
Estudio Jurídico Cervantes & Gª-Escribano
Book an initial assessment or call us directly. We are available at Goya 20, by phone and by video conference, with the confidentiality inherent to professional practice.
- Calle Goya 20, 1.º Izquierda · 28001 Madrid
- 681 256 507 · 24 hours, every day
- [email protected]
- Monday to Friday · 9:00 am – 7:00 pm (detainee assistance 24/7)
Call a criminal defense lawyer for misappropriation in Madrid
An investigation for the offence of misappropriation (apropiación indebida) turns on the title under which the assets were received and the positive act of disposal: how a lack of criminal typicity is established when there is only a civil debt, and how the dispute is redirected when appropriate. The sooner you call a criminal defense lawyer experienced in misappropriation offences, the more room we have to act. We assist clients in the city of Madrid, the Henares Corridor and throughout Spain. Call us on 681 256 507.
