Audacia Abogados

What is the crime of identity theft

Find out what to do when there is identity theft.

Criminal law
What is the crime of identity theft

Identity theft in the Spanish Penal Code is a crime that consists of appropriating the identity of a real person and impersonating them and representing them in different legal acts as well as obtaining benefits on their behalf.

Identity theft is also known as the crime of identity theft and is included in art. 401 of the Penal Code.

What is the crime of identity theft?

Usurpation affects more and more people, especially due to the expansion of the digital age, social networks and the growth of the Internet.

This is one of the main security-related problems that some users of social networks like Facebook and Twitter have to face. An angry friend, an ex-partner you broke up with, or even your business competition may be behind it. Impersonation can even be extended to messaging services such as Hotmail or Gmail.

The usurpation of identity is the action that is carried out with bad intention that consists of impersonating another person.

The crime of identity theft can currently be carried out in different scenarios, although the most common is through the Internet. But there are many ways to impersonate another person, which is why many companies have begun to use more advanced methods to protect their customers' data.

When is identity theft a crime?

The Civil Code considers that there is a crime of identity theft when a person pretends to be a real person through the elements that make up the marital status. To use his rights to cause some kind of damage or get some benefit. To better understand this explanation, we must know what the marital status of people means: age, surname and name, nationality, sex, family status that can be a de facto union or marriage.

The person responsible for this illegal act will be sentenced to prison from six months to three years. For the crime of identity theft to exist, the following cases must be presented:

• Identity theft must be done with a real person, who may be living or deceased.

• The objective of the person committing the crime must be to usurp the personality of the other person.

• There must be an intention to harm or obtain a benefit.

• The action must be done consciously.

How is the penalty for identity theft?

The courts and judges to determine the seriousness of the crime of identity theft will assess several aspects such as the following:

1. Recidivism in identity theft

If the author has already been sentenced at another time for the same crime.

2. Gravity

The damage that is generated is examined, if the victim has been harmed or how it affects her reputation.

3. Characteristics of the case

The specific way of committing the crime and if it has had consequences that may permanently affect the victim.

4. Damages of the victim

These are the damages caused to the victim with identity theft, these can be money theft, psychological damage, inclusion in lists of defaulters, among others.

How to report the crime of identity theft?

The first thing you should do when your identity is being supplanted is file a complaint with the Civil Guard. When identity theft has been committed on a contact page or a social network, you must file a complaint with the administrators of the web portal, too.

To present more evidence it can be very important to incorporate the report of an IT expert.

The authority before which the complaint is filed will initiate the investigation of the reported facts. In the event that during the investigation evidence of having committed a crime is detected, they will inform the Public Prosecutor and the Court.

If you need your nightmare to end, contact us and we will inform you both through legal advice online and in our offices.

Criminal law

¿Do you want to contact us?

Call us Or write us in our form

Back to the top Back to the top