The crime of disloyal administration is one of the most common economic crimes.
This is a crime that occurs when a person who has the responsibility of managing the assets or funds of another, uses them fraudulently and unfairly, with the aim of obtaining their own benefit.
In this article, we will explore in detail what the crime of disloyal administration is, what its characteristics are, and how it is regulated in the Penal Code.
What is considered a crime of unfair administration?
Disloyal administration is regulated in article 252 of the Spanish Penal Code.
According to this rule, the conduct of someone who, to the detriment of another, appropriates or improperly uses money, effects, securities or any other movable thing that he has received in deposit, commission, or custody, or that has been entrusted to him by virtue of any other title that produces the obligation to deliver or return them, or negotiates in any way with them, and does not return them in due time, is considered the crime of disloyal administration.
When can a crime of unfair administration occur?
In other words, the crime of disloyal administration occurs when a person who has the responsibility of managing the assets or funds of another, misuses them or appropriates them for their own benefit.
This may occur, for example, when an employee of a company who is in charge of managing the company's funds uses these funds for his or her personal benefit, or when a lawyer who has received a sum of money as a deposit from a client uses this money for his or her own benefit instead of keeping it on deposit.
What circumstances have to occur for it to occur?
For the crime of disloyal administration to occur, certain circumstances must be present.
First, there must be a relationship of trust between the person managing the assets and the person entrusting them to their care.
This relationship of trust may arise under a contract, as in the case of a company manager, or it may arise informally, as in the case of a friend who trusts another friend to look after his property.
Furthermore, the conduct must be intentional , that is, there must have been an intention on the part of the person administering the assets to use them improperly.
It is also necessary that there has been harm done to the person to whom the goods have been entrusted.
Possible penalties for a crime of unfair administration
The crime of disloyal administration is punishable by sentences ranging from six months to four years in prison, and fines ranging from twelve to twenty-four months.
In addition, the person who has committed this crime may be sentenced to pay compensation to the injured person.
FAQ
This is a crime that occurs when a person who has the responsibility of managing the assets or funds of another, uses them fraudulently and unfairly, with the aim of obtaining their own benefit.
When an employee of a company who is in charge of managing the company's funds uses these funds for his or her personal benefit.
Go to RRYP Global, we advise you on the legal actions to take and the evidence necessary to prove the existence of the crime.
Conclusion
In conclusion, the crime of disloyal administration is an economic crime that occurs when a person who has the responsibility of managing the assets or funds of another, uses them improperly or appropriates them for his or her own benefit.
This crime is punishable by prison sentences and fines and can have serious consequences for the person who commits it, both at the criminal and civil level.
Therefore, it is important that people who have the responsibility of managing assets or funds of third parties act with the utmost diligence and transparency , and that they respect at all times the trust that has been placed in them.
What can I do if I find myself in a situation like this?
If you suspect a crime of disloyal administration, it is important to contact a lawyer specializing in criminal and economic law; this is where RRYP Global 's work begins.
We can advise on the legal actions to be taken and the evidence necessary to prove the existence of the crime and claim any compensation to which you are entitled.
In short, the crime of disloyal administration is a serious economic crime that can have criminal and civil consequences for the person who commits it.
It is therefore important to take into account the regulatory standards and act with diligence and transparency in the management of third-party assets and funds.
RRYP Global , criminal lawyers.
