Business Crimes in Spain - When to Seek Legal Advice

Navigating the complexities of business crime in Spain can be a challenging task, regardless of whether you are a business owner, investor, or employee. From fraud and embezzlement to money laundering and corporate misconduct, business crimes can have serious legal and financial consequences. If you find your business involved in corporate crimes of any kind, instructing a Spanish lawyer for legal advice can ensure you have the right support.

In this guide, we will explore the various examples of business crimes, as well as the punishments involved and the steps to take if you are a victim of a business crime in Spain. We will also discuss how a Spanish criminal lawyer can assist you, and some common queries will be answered.

Click on the links below to each section:

Discover more about the different instances of corporate crimes in Spain

Find out the fines and sentences for corporate crime

If you find yourself a victim of corporate crime, there are steps you can take

Seeking help from a qualified lawyer can make all the difference

How we can help

We answer some common queries

Examples of Business Crime in Spain
What is the Punishment for Corporate Crime in Spain?
What Should I Do if I Am the Victim of Business Crime in Spain?
How Can a Spanish Criminal Lawyer Assist Me?
How Giambrone and Partners Can Assist
Frequently Asked Questions

Examples of Business Crime in Spain

There are many different examples of corporate crime in Spain, including:

Corporate Fraud: such as falsifying documents to deceive the investors.
Money Laundering: defined as the concealment of the origins of illegally obtained money, typically by means of transfers involving legitimate businesses. Money laundering can come with hefty punishments.
Environmental Crimes: such as dumping waste illegally.
Intellectual Property Theft: unauthorised use of copyrighted material.
Bribery: both offering and accepting bribes is illegal.
Market Manipulation: such as creating a false impression about a company.

Other examples of business crimes in Spain include tax evasion, computer crimes, urban planning offences and “abusive” agreements.

Financial or taxes fraud. Business report and magnifying glass

What is the Punishment for Corporate Crime in Spain?

In Spain, both administrative and criminal legal frameworks are utilised when punishing corporate crime. Since reforms to the Spanish Criminal Code, companies themselves can be held criminally liable for certain offences committed not just by the owners but also managers and employees as well.

Penalties for corporate crime in Spain include:

Fines: companies can face significant fines if they break corporate law. The amount due can differ depending on the severity of the crime committed, as well as whether it was a one-time offence or a recurring issue. Fines are typically calculated based on “daily rates” over a set period.
Dissolution of the company: for those found guilty of serious crimes such as organised crime, a company may be ordered to dissolve completely.
Suspension of activities: a company may be ordered to suspend activities and trading for up to five years.
Disqualification from public contracts or subsidies: guilty companies could face bans from entering into contracts with public bodies or receiving government grants for a set period of time.
Judicial intervention: sometimes, a judge may appoint an external administrator to oversee the company's operations for up to five years.

If you are facing legal problems concerning Spanish business crimes, contact one of our Spanish criminal lawyers here.

What Should I Do if I Am the Victim of Business Crime in Spain?

If you believe that a business has committed a crime and you are the victim, there are steps you can take to obtain justice. First, you should report the crime to the police by visiting the nearest police station (Policia Nacional). If you are not located in Spain, you can instruct a Spanish criminal lawyer based in England to assist you.

Once you have reported the business, ensure you gather as much information as possible about the misdemeanours to ensure you have a case. For businesses to be investigated for criminal activity, there needs to be sufficient evidence. You could also consider drafting a victim impact statement and make yourself aware of your rights, especially if you are a non-Spanish national.

You can find out more about the rights of victims of a crime in Spain in our previous guide here.

100 euros Banknote are drying on clothesline

How Can a Spanish Criminal Lawyer Assist Me?

Spanish criminal lawyers can help by:

Translating documents and communicating on your behalf - Language barriers can enhance problems in legal cases. Our Spanish lawyers speak both Spanish and English can communicate with the police and opposition lawyers, ensuring no important information is overlooked or not understood.
Guiding you through the legal processes our Spanish lawyers can explain your rights and the steps you should take next.
Advising during interviews and questioning, our lawyers can draft statements and support you when preparing for court appearances.
Developing an argument - Spanish criminal lawyers can analyse the evidence you have gathered and create a viable argument to use in court.

How Giambrone and Partners Can Assist

With years of experience assisting both victims and the accused, our Spanish criminal lawyers can help you translate important documents, gather evidence and draft a convincing case. Following a consultation, our lawyers will be transparent with you from start to finish, ensuring you get the results as quickly as possible.

Book in for a consultation with our criminal lawyers today.

Frequently Asked Questions

How Does the Legal System in Spain Address Business Crimes?

Business crimes in Spain are addressed through various legal frameworks, such as the Spanish Criminal Code, that hold both people and legal entities liable for offences. These frameworks highlight the criteria for identifying corporate criminal liability, as well as the various penalties involved.

How Do Business Crimes Affect the Spanish Economy?

The Spanish economy can be negatively affected by business crimes by diminishing trust and distorting the market. This can lead to financial losses for businesses and individuals alike, which can lead to a loss of tax revenue and reduced investment.

How Does Corruption Factor in Business Crimes in Spain?

Corruption is a leading factor in business crimes in Spain, with offences such as bribery and tax evasion presenting as quite common. Both active and passive corruption are addressed in the Spanish Criminal Code and legal entities can be held criminally liable for any offences committed by their employees or their representatives.

What Preventative Measures Can Businesses Take to Avoid Corporate Crimes?

Steps that Spanish businesses can take include carrying out risk assessments, securing data and premises, training staff to identify business crime, purchasing business insurance and disposing of documents securely.

Why Is It Necessary to Regulate These Crimes?

Regulation of Spanish corporate crime is essential as it protects the economy, ensures fair competition amongst businesses, and upholds the rule of law. It also ensures that power within companies is not abused.