Italian citizen acquitted of continuous fraud up to €146,000
The Superior Court of Justice of the Canary Islands (TSJC) overturns a prison sentence, ruling that the victim failed to take basic precautions when purchasing non‑existent properties.
Background
The TSJC has revoked the judgment of the Audiencia de Las Palmas, which in February 2025 sentenced an Italian citizen to four years in prison for fraud. The court applied the so‑called doctrine of self‑help (autotutela), which exempts the accused when the victim “does not observe the minimum safeguards to avoid being deceived.”
On 30 September 2025, the Criminal Chamber of the TSJC announced that, after accepting the defense’s appeal, it nullified the lower‑court ruling of 6 February 2025 that had imposed the four‑year term and a fine for the alleged fraud.
Details of the Alleged Fraud
The accused, posing as an “experienced real‑estate agent,” allegedly deceived the same victim on five occasions between November 2020 and February 2022, appropriating a total of €246,000 through fictitious property‑sale schemes.
| Date | Alleged Investment | Amount Obtained |
|---|---|---|
| 1 Nov 2020 | Purchase of a bungalow in El Cotillo (Fuerteventura) | €50,000 (bank transfer) |
| Jan 2021 | Purchase of four apartments in Sardina del Sur (Gran Canaria) | €60,000 (bank transfer) |
| Mar 2021 | Investment in apartments in Santa Cruz de Tenerife | €48,000 (cheque) |
| Jun 2021 | “Buying a house” – request for additional liquidity | €48,000 (cheque) |
| Feb 2022 | Investment in apartments in Costa Calma | €42,000 (two transfers: €12,000 + €30,000) |
When the court learned that the victim had initiated legal actions against the accused between November 2022 and August 2023, the accused returned €100,000 to the victim.
Court’s Reasoning
The appellate chamber emphasized that “any minimally normal person would not have fallen for the deception.” It highlighted several factors:
- Five separate transactions involving large sums of money.
- A prolonged period of roughly a year and a half.
- Total amount of €246,000, which is “too much money, too many successive deliveries, and too long a timeframe to reasonably suspect fraud.”
“The case rather points to other interests that may underlie such high, successive, and prolonged operations, all identical and lacking any sign of reality.”
Consequently, the court concluded that no criminal conduct was proven, leading to the acquittal of the accused.