The judicial decision that acquitted a domestic worker accused of having appropriated more than 65 thousand euros from an elderly woman for whom she was caring, according to the court, draws attention to the difficulty of proving fraud crimes when elderly people and people with cognitive limitations are involved, especially when there is no direct evidence of deception or personal benefit to the defendant.
In this case, the Madrid Provincial Audience acquitted a domestic worker who was accused of having appropriated 65,580 euros belonging to the 82-year-old woman to whom she provided care. The court concluded that there is no sufficiently consistent evidence to demonstrate the existence of deception or that the defendant was directly responsible for the withdrawal of money.
Taking advantage of the decrease in cognitive abilities
According to the process, the Public Prosecutor’s Office and the private prosecution maintained that the worker had taken advantage of the elderly woman’s diminished cognitive abilities to withdraw large amounts of money from her bank accounts. However, the judges understood that this thesis was not proven at trial, according to the Spanish digital newspaper Noticias Trabajo.
The defendant had worked as a domestic worker in Pozuelo since 2018, having remained at the residence to care for the elderly woman after the death of her husband. At the time of the events, the woman presented a fronto-subcortical profile of cognitive deterioration, which partially affected her ability to manage her person and her assets.
Despite this diagnosis, the court considered that it was not demonstrated that, between December 2020 and May 2021, the caregiver had withdrawn cash in the amount of 55,920 euros, nor that she had withdrawn other amounts from the elderly woman’s bank account for her own benefit, totaling the alleged total amount of 65,580 euros.
Requests for heavy sentences and high compensation
The Spanish Public Prosecutor’s Office accused the worker of fraud, asking for a sentence of five years in prison, a fine and compensation of 121,500 euros to the elderly woman. The private accusation required three years in prison, special disqualification, a fine and the payment of 113,682.06 euros.
Conversely, the defense always maintained the lack of proof of deception and requested the defendant’s total acquittal, according to the same source.
Court considered the evidence insufficient
In sentence 13366/2025, the Madrid Provincial Audience emphasizes that, although the patrimonial dispositions referred to in the indictment are documented, there was no proof that these withdrawals were carried out by the defendant, nor that they resulted from taking advantage of the elderly woman’s alleged fragility.
The judges emphasize that it was not demonstrated whether the provisions were made by the caregiver or by the elderly woman herself, consciously and voluntarily. The elderly woman did not give a statement at trial, but several witnesses were heard who confirmed the existence of relevant expenses in the chalet, namely work on the pool, in the garden, the construction of a ramp and repairs related to humidity.
Also, bank managers interviewed in court did not detect signs of a lack of awareness on the part of the elderly woman regarding withdrawing money. One of La Caixa’s directors even stated that the client had mentioned expenses for work at home.
Given this set of elements, the court applied the principle of presumption of innocence, considering that the evidence presented was neither unequivocal nor solid enough to sustain a conviction. The decision is not yet final and can be appealed to the Civil and Criminal Chamber of the Superior Court of Justice of Madrid, according to the .
Legal framework in Portugal
In Portugal, similar situations would, as a rule, be classified as the crime of fraud, provided for in article 217 of the Penal Code. This crime requires proof that the agent, with the intention of obtaining illegitimate enrichment, used an error or mistake regarding facts to lead the victim to carry out acts that caused him property damage.
When the victim is particularly vulnerable, due to advanced age or illness, qualified fraud may be involved, under the terms of article 218, with higher penalties. However, as in the Spanish case, it is essential to clearly prove the link between the mistake made and the loss suffered.
Furthermore, the Portuguese Penal Code expressly protects incapacitated or especially vulnerable people through the crime of abuse of trust and, in certain contexts, the crime of ill-treatment, when there is a relationship of dependence or care.
As reinforced by Portuguese jurisprudence, criminal conviction always requires safe and unequivocal proof of the defendant’s actions, prevailing, in case of doubt, the constitutional principle of the presumption of innocence, enshrined in article 32 of the Constitution of the Portuguese Republic.
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