Unfair administration

This crime can be committed by anyone from the manager of a company who uses the company’s assets to finance his personal expenses to the guardian who manages the assets of a minor and uses his powers to invest part of the minor’s assets in a personal project.

The relevant issue is that this person has the authority to administer and manage another person’s assets. It doesn’t matter whether they have been formally appointed as administrator or simply acted as such without any appointment; in either case, they may be the perpetrator of the crime.

This crime is punishable by imprisonment of 6 months to 3 years. However, if the damage caused does not exceed 400 euros, it is a minor offense, punishable by a fine of 1 to 3 months.

If any of the following circumstances occur, the penalty increases to imprisonment from 1 to 6 years:

• If it affects essential goods, housing or socially useful goods.

• If the crime is committed by abusing another’s signature or by concealing or rendering useless any public or official file or document.

• When it affects assets that are part of the artistic, historical, cultural or scientific heritage.

• When it is particularly serious, due to the extent of the damage and the economic situation in which it leaves the victim or his or her family.

• If the amount defrauded exceeds 50,000 euros or affects many people.

• When the crime is committed by abusing the personal relationships between the victim and the fraudster, or by taking advantage of corporate credibility.

• If at the time of committing the crime the perpetrator has been convicted of three crimes under the same Chapter of the Penal Code.