SPAIN Law and Practice Contributed by: Gabriel Rodríguez-Ramos, RODRIGUEZ RAMOS ABOGADOS
3.2 Geographical Reach of Applicable Legislation Spanish criminal jurisdiction is set out in Article 23 of the Organic Law of the Judicial Power, which settles the following. • The jurisdiction to prosecute crimes committed in Spanish territory or committed on board Spanish vessels or aircraft (respecting provisions of interna - tional treaties to which Spain is a party). • The jurisdiction to prosecute crimes committed abroad by Spanish citizens if (cumulative): (a) the act is punishable in the place of execution; (b) the aggrieved party or the Public Prosecutor’s Office files a complaint before the Spanish courts; and (c) the offender has not been acquitted, pardoned, or punished abroad or, in the latter case, has not served the sentence. If the sentence has only been partially served, it shall be taken into account proportionally reducing the corre - sponding sentence. • The jurisdiction to prosecute crimes committed abroad by any person of any nationality: (a) against Spanish interests and Constitutional order: (i) treason and crimes against the peace or independence of the state; (ii) against the holder of the Crown, their Con - sort, their Successor, or the Regent; (iii) rebellion and sedition; (iv) forgery of the royal signature or seal, the sate seal, the signatures of Ministers, and public or official seals; (v) counterfeiting of Spanish currency and its issuance; (vi) assaults against Spanish authorities or public officials; (vii) those committed in the exercise of their functions by Spanish public officials resid - ing abroad and crimes against the Span - ish Public Administration; and (viii) those related to foreign exchange con - trol; (b) against international order (some conditioned): (i) genocide, crimes against humanity, or against persons and property protected in
ment and three years of disqualification, with a limitation period of five years; and (ii) private individual who promotes or pays it (Article 424 CC) – one year of imprison - ment, with a limitation period of five years; • misappropriation of public funds: (a) of public assets (Article 432 CC) – eight years imprisonment and 20 years of disqualification, with a limitation period of 15 years; (b) use for private purposes (Article 432 bis CC) – three years of imprisonment and four years of disqualification, with a limitation period of five years; (c) use for a purpose different from the one intend - ed (Article 433 CC) – four years of imprison - ment and six years of disqualification, with a limitation period of ten years; and • fraud in public procurement (Article 436 CC) – six years of imprisonment and ten years of disqualifi - cation, with a limitation period of ten years; • bribery of foreign officials and authorities in eco - nomic operations (public procurement) with disrup - tion of competition (Article 286 ter CC) – six years of imprisonment, with a limitation period of ten years; • bribery of administrators, executives, and employ - ees of companies (Article 286 bis CC) – four years of imprisonment and six years of disqualification, with a limitation period of ten years; • bribery of sports entities, athletes, and referees to manipulate the outcome of highly significant sports competitions (Article 286 bis CC) – four years imprisonment and six years of disqualification, with a limitation period of ten years; • money laundering (Article 301) – six years of imprisonment, with a limitation period of ten years; • falsification of accounting or any other documents that should reflect the legal or financial situation of the entity (Article 290 CC) – three years of impris - onment, with a limitation period of five years; and • falsification of the economic-financial information contained in the prospectuses for any financial instruments (Article 282 bis CC) – six years of imprisonment, with a limitation period of ten years.
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