Frustration of execution and punishable insolvencies

The crime of damage consists of destroying, rendering unusable, or damaging something. This is a crime that can include a wide variety of actions.

The crimes of disloyal administration and misappropriation occur when a person, taking advantage of a relationship of trust or the management of other people’s assets.

On the one hand, Article 255 of the Penal Code punishes the commission of fraud using electricity, gas, water, telecommunications or other element, energy or fluid belonging to others, by any of the following means:

The crime of extortion is punished through art. 243 of the Penal Code, whose typical conduct consists of forcing another, with violence or intimidation, to perform or omit an act or legal transaction to the detriment of his or a third party’s assets, acting with the intention of making a profit.

The crime of theft is characterized by taking possession of other people’s property with the intention of making a profit.

Article 262 of the Spanish Penal Code punishes certain behaviors related to the manipulation of public tenders and auctions, with the aim of protecting the proper formation of prices. Specifically, it penalizes individuals who engage in any of the following conduct:

The criminal conduct of the basic modality consists of using sufficient deception to produce error in another, inducing him to perform an act of disposal to his own or another’s detriment, acting with the intention of making a profit.

The crime of theft consists of the appropriation of other people’s property without the use of violence or intimidation, with the intention of obtaining an economic benefit.

Articles 245 to 247 of the Spanish Penal Code regulate the crime of usurpation, which punishes conduct that infringes upon the right of possession or any other real right over real estate. Below, we will examine the different forms this crime can take.