Unfair Administration

The crime of disloyal or unfair administration is regulated in article 252 of our penal code, within the chapter of frauds.

The conduct of the crime consists of having the power emanating from the law to administer another’s patrimony, entrusted by an authority or after assuming a legal business, and exceeding this power causing a damage to the administered patrimony.

For the case in which the amount of the patrimonial damage does not exceed 400 euros, the penalty will be a fine of one to three months.

If it exceeds this amount, the penalty shall be imprisonment from six months to three years, in accordance with the damage caused.

In the cases in which aggravating circumstances are appreciated, the penalty will be imprisonment from one to six years. Some examples of cases that aggravate the penalty are: that the disloyal administration is carried out on things of basic necessity; that it is perpetuated by abusing the signature of another person; that it falls on goods of historical or cultural value.