What is identity theft and when is it considered a crime?

Identity theft involves impersonating another person by using their personal data to perform actions in their name without their consent.

It is considered a crime when this impersonation involves carrying out legal or juridical acts that only the real person could perform, such as collecting money, signing documents or filing claims.

It is not enough to use someone’s name; it must be proven that the author acted with the intention of benefiting or causing harm by misusing someone else’s identity.

Differences between identity theft and identity impersonation

Although both terms are often used interchangeably, there is a subtle difference. Identity theft involves performing legally relevant acts while impersonating another person, whereas impersonation can include acts such as creating fake profiles or misusing personal data without necessarily performing legal acts.

Both behaviors are illegal and can be prosecuted criminally, but identity theft usually carries more severe penalties due to the legal damage it causes.

When is identity theft considered a crime?

For identity theft to be considered a crime, the following elements must be present:

• Misuse of the name, personal data or any information that allows the victim to be identified.
• Performing actions that only the affected person can carry out due to their rights and responsibilities.
• Intention to deceive, mislead, obtain illicit benefits, or cause harm to the person being impersonated.

What to do if you are a victim of identity theft?

If you suspect your identity has been stolen, it’s important to act quickly:

• Report the facts to the competent authorities, providing all possible evidence.
• Contact a specialized lawyer who can advise you and defend your rights.
• Protect your personal data and review your bank accounts and digital profiles to detect suspicious activity.
• In cases of impersonation on social media, request the removal of fake profiles and protect your accounts with additional security measures.

Where is the crime of identity theft regulated and what penalties does it entail?

In Spanish legislation, the crime of identity theft is regulated in the Penal Code, specifically in the chapter dedicated to “usurpation of civil status”.

Article 401 establishes that this crime is committed by anyone who assumes the civil status of another person, performing acts that only that person could legally perform. The penalty for this conduct is imprisonment for six months to three years.

If you find yourself in a situation where you need legal advice regarding an identity theft crime and require the assistance of a criminal lawyer in Barcelona , ​​at NIETO ENRIQUEZ CRIMINAL LAWYERS we have a team of lawyers specializing in identity theft and impersonation crimes, ready to protect your interests and offer you the legal support you need at all times.