SPAIN Law and Practice Contributed by: Gabriel Rodríguez-Ramos, RODRIGUEZ RAMOS ABOGADOS
cases of armed conflict; (ii) crimes of torture and against moral integ - rity; (iii) crimes of enforced disappearance includ - ed in the International Convention for the Protection of All Persons from Enforced Disappearance, made in New York on 20 December 2006; (iv) crimes of piracy, terrorism, illegal traf - ficking of toxic drugs, narcotics, or psychotropic substances, human traffick - ing, crimes against the rights of foreign citizens, and crimes against maritime navigation safety committed in marine areas, in the cases provided for in treaties ratified by Spain or in regulatory acts of an international organisation of which Spain is a member; (v) terrorism; (vi) crimes contained in the Convention for the Suppression of Unlawful Seizure of Aircraft, done at The Hague on 16 Decem - ber 1970; (vii) crimes contained in the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, done in Mon - treal on 23 September 1971, and in its Additional Protocol done in Montreal on 24 February 1988; (viii) crimes contained in the Convention on the Physical Protection of Nuclear Material done in Vienna and New York on 3 March 1980; (ix) illegal trafficking of toxic drugs, narcotics, or psychotropic substances; (x) crimes of constituting, financing, or integrating into a criminal group or or - ganisation, or crimes committed within them, provided that they involve groups or organisations acting with a view to com - mitting a crime in Spain that is punishable by a maximum penalty of three years in prison or more; (xi) crimes against sexual freedom and indemnity committed against underage victims; (xii) crimes regulated in the Council of Europe Convention of 11 May 2011, on Prevent -
ing and Combating Violence against Women and Domestic Violence; (xiii) human trafficking; (xiv) crimes of corruption among private individuals or in international economic transactions; (xv) crimes regulated in the Council of Eu - rope Convention of 28 October 2011, on the Counterfeiting of Medical Products and Crimes that Pose a Threat to Public Health; and (xvi) any other crime whose prosecution is mandatory according to a valid treaty for Spain or by other regulatory acts of an international Organisation of which Spain is a member, in the cases and conditions determined therein. 3.3 Corporate Liability In 2010, the Spanish criminal system introduced the criminal liability of legal entities, settled by criminal courts when: • a crime is committed by a natural person – either legal representatives or employees – on behalf of a legal entity or for its benefit; • the crime is in the catalogue of those that generate criminal responsibilities for legal entities (not all the crimes of natural persons can generate criminal responsibility for legal persons). Considering brib - ery and corruption, the Criminal Code establishes criminal responsibility of legal entities for: (a) bribery of public officials and authorities (Article 427 bis CC); (b) improper influence over public officials and authorities (Article 430 CC); (c) misappropriation of public funds (Article 435.5 CC); (d) bribery of foreign officials and authorities in economic operations with disruption of compe - tition (Article 288.2 CC); (e) bribery of administrators, executives, and em - ployees of companies (Article 288.2 CC); (f) bribery of sports entities, athletes, and referees to manipulate the outcome of highly significant sports competitions (Article 288.2 CC); (g) falsifying the economic-financial information contained in the prospectuses for any financial
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