The new regulation of fraudulent use of noncash means of payment under the december 22nd, 2022, reform: an analysis of article 249.1 b) and 2 b) of the Spanish Criminal Code

  • Alfredo Abadías Selma Universidad Internacional de La Rioja (UNIR)
DOI: https://doi.org/10.18543/ed.2788
Keywords: Fraudulent use of credit cards, debit cards, travelers’ checks, fraudulent use of means of payment

Abstract

Undoubtedly, we have to live in complex and changing times that affect many facets of our lives, and of course the criminal reality. From a detailed contextualization and exemplification of the historical changes that have led us to the present moment. In this article we try to the reform of the CP of December 22, 2022, focusing on art. 249.1 b) and 249.2 b), which penalizes the fraudulent use of means of payment other than metallic cash, and which is based on Directive 2019/713, of April 17, of the European Parliament and of the Council, on the fight against fraud and falsification of means of payment other than cash, which replaced Framework Decision 2001/413 JHA, of the Council. The aforementioned and necessary reform of the crime of fraud of art. 249 CP, which we understand to be the result of obsolescence caused by the fast and unstoppable technological advances of recent times, incorporates a series of indeterminate or open means of payment “...any other tangible or immaterial payment instrument other than cash or the data on hand in any of them”, which open up some uncertainty in relation to legal certainty and its real effectiveness in the fight against crime, and therefore for the service to the citizenry, and above all, for those most vulnerable groups. This requires a reflection that is based on jurisprudence and the most authoritative scientific doctrine to carry out a critical exegesis of the type and offer concrete proposals that we propose here.

Received: 01.02.2023
Accepted: 13.06.2023

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Author Biography

Alfredo Abadías Selma, Universidad Internacional de La Rioja (UNIR)

Profesor Contratado Doctor en Derecho penal

Grupo investigación Penalcrim

Published
2023-06-30
How to Cite
Abadías Selma, Alfredo. 2023. “The New Regulation of Fraudulent Use of Noncash Means of Payment under the December 22nd, 2022, Reform: An Analysis of Article 249.1 B) and 2 B) of the Spanish Criminal Code”. Estudios De Deusto 71 (1), 15-82. https://doi.org/10.18543/ed.2788.
Issue
Vol. 71 No. 1 (2023)
Section
Studies

Last update: 08/02/2022

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