Delito de estafa procesal. Requisitos. Efectos

Abstract

In the crime of procedural swindle, since in crime of generic swindle, the deception must turn on facts, more concretely on the existence of facts and conceptual it does not differ from the deception of the basic type. To declare opposite to the good procedural faith a certain act is not sufficient to consider it to be constitutive of procedural swindle. The lack of the spirit that has to exist in all kinds of swindle since is the obtaining of a patrimonial illicit prejudice, parallel to the spirit of illicit profit, prevents that one speaks about procedural swindle in this case.