The crime of unfair administration is a crime against the patrimony and the socio-economic order committed by those who have permission to administer the patrimony of others, granted by law, by the authority or by a legal transaction. They exceed the powers granted to them by the administered party in order to carry out their work, causing an assessable economic damage to the administered party's assets.
Requirements for this offence to take place
It is necessary for the perpetrator to have permission to administer the assets of others, granted by law, legal business or by the authority.
Likewise, it is sufficient for the offender to act with deliberate will and knowledge of the damage he is causing with his unfair administration, exceeding the powers granted to him.
Types of offence of unfair administration
Taking into account the amount defrauded, the economic damage caused to the victim, the existing relationship between the parties, the means used and the seriousness of the facts, we will be dealing with the basic type, which is punished with a prison sentence of 6 months to 3 years in article 252 of the Penal Code.
When the amount defrauded does not exceed four hundred euros, it corresponds to the attenuated type, the penalty for which is a fine of one to three months.
Thirdly, when the damage involves basic necessities, is committed with abuse of another's signature, involves special gravity taking into account the damage and economic situation in which the victim or his family is left, if the value of the damage exceeds 50,000 euros, this is an aggravated type of crime, punishable with imprisonment of one to six years and a fine of six to twelve months.
Examples of offences of unfair administration
The administrator of a homeowners' association who exceeds the commission given to him by the association and carries out actions for which he has not been authorised, deteriorating the assets under administration.
Another case would be the administrator of a company that dedicates company funds to purposes for which he is not authorised, who, in breach of the duty of loyalty, decides to make risky investments and finally loses the capital administered.
Board members who approve bonuses for their own short-term benefit.
Difference between the offence of misappropriation and mismanagement.
In misappropriation, the perpetrator receives an asset with the obligation to hand it over or return it and, without further ado, keeps it, incorporating it into his private assets.
In disloyal administration, the guilty party acts in breach of the obligations to act diligently that he/she assumed when accepting the administration of the assets of others, exceeding the powers assigned to him/her.