A person who has a debt and decides to hide or make totally or partially disappear their assets so that they cannot be collected, is committing a crime. It is called lifting of assets in the Penal Code and it has important penalties. We will explain everything you need to know.
The crime of lifting of assets in the Penal Code
The crime of raising assets in the Penal Code aims to prosecute an attitude of fraud in the debtor. It is about the guilty looking for a situation of insolvency with which to justify the non-payment of the debts that he maintains.
This makes the protected legal asset the right of the creditor to execute the credit granted. It is enough with the concealment of assets, since what is intended to avoid is that the debtor is released from his assets to prevent collection.
Requirements for a crime to be understood
It is a very difficult crime to define, for which the Supreme Court has had to intervene:
• The guilty of committing it, must have a debt.
• The creditor must have a prior credit.
• The fact of concealment or destruction of heritage assets must result in the impossibility of collecting the debt, at the same time that it generates a situation of partial or total insolvency, real or fictitious.
• Encouragement to harm the creditor.
What are types of asset hoists there?
In attention to the requirements and the degree of compliance you can find four types
The basic type that contains the possibility of being sentenced to a fine of 12 to 24 months and with prison terms of between 1 and 4 years.
The specific type has several variants if it is about the delay of judicial decisions, avoiding the compensation that derives from another crime, in this case the punishment can be fines of 12 to 24 months and prison sentences of 1 to 4 years in jail.
The aggravated type occurs when it comes to defrauding a public legal person (Treasury, Social Security, etc.). Here the prison can be between 1 and 6 years and the fines from 12 to 24 months.
The attenuated type that carries a prison sentence of 3 months to 1 year and fines of between 6 and 18 months, in this case it is when the uprising takes place for a cause related to inheritances, donations or due to marriage.
In short, this very frequent crime, but which can sometimes present difficulties to be proven. If you think you have been a victim of one of them, you can call us and we will help you defend your rights.