Consequences of Social Security fraud and Finance
The current Penal Code (CP) in its Article 307 makes it an offense to Social Security fraud in connection with the fees for the same and other joint collection concepts, improperly obtaining refunds from them or enjoying deductions likewise for any reason improperly exceeding one hundred twenty thousand euros.
It should be noted that the crimes contemplated in that body of laws of nature are only tax collection and not performance based, regulating the performance of the latter to sanction administrative through Royal Legislative Decree 5 / 2000, dated August 4, on the approving the Consolidated Law on Offences and Penalties in the Social Order, which includes both the nature of the faults and the corresponding penalties, sanctions, on the other hand, attenuated in relation to security matters contained in Social in the Penal Code.
In relation to the effects of penalties for crimes against the Public Treasury and Social Security , it should be noted the difference that in the sentence is produced, depending on whether the fraud was committed against issues arising from the powers conferred upon one or another Administration.
Thus, the fraud committed against the Treasury, in the terms set out in Articles 305 and 308 of the CP as mentioned, involves addition of the corresponding terms of imprisonment and fines, the loss of the possibility of obtaining grants or state aid and the right to enjoy the benefits or incentives, fiscal or social security during the period of three to six years.
However, when operating the fraud in Social Security, the contents of the appropriate punitive sanction in accordance with the provisions of Article 307 of the CP, only view, sentences of imprisonment and a fine, so you should ask whether the omission of punishment by the legislature, corresponding to the loss of benefits or incentives is casual, or else it was that your intention.
Nevertheless frauds against the public treasury, project their effects on penalties in regard to the loss of the possibility of obtaining benefits and incentives of Social Security, understood, not being regulated, in the sense large, you should plan on all those who might be understood as such.
In connection with the preceding paragraph, on the impossibility of obtaining incentives, public, the literal application of the provision is, that from the date of the sentence loses the ability to obtain any assistance or government grant.
A different question arises when grants or aid incentives, have been recognized prior to the incriminating statement, in which case it should be understood that the benefits previously enjoyed are not extinct, only suspended, leading to the reinstatement of aid, or start it if it was not recognized, at the end of the period fixed penalty in the Judgement, if at that time retains the right to it.