SPAIN Law and Practice Contributed by: Gabriel Rodríguez-Ramos, RODRIGUEZ RAMOS ABOGADOS
5. Penalties for Violations 5.1 Penalties on Conviction See 3.1 Limitation Period for natural persons. Penalties for legal persons can be: • in the form of a fine – timely defined or proportional to the benefit obtained; • dissolution of the legal entity. The dissolution will result in the definitive loss of its legal personality, as well as its capacity to act in any way in legal transactions or to carry out any kind of activity, even if lawful; • suspension of its activities for a period not exceed - ing five years; • closure of its premises and establishments for a period not exceeding five years.; • prohibition from carrying out in the future the activi - ties in which the crime was committed, favoured, or concealed. This prohibition may be temporary or permanent. If it is temporary, the period shall not exceed 15 years; • disqualification from obtaining subsidies and public aid, from contracting with the public sec - tor, and from enjoying tax benefits and incentives from Social Security, for a period not exceeding 15 years; and • judicial intervention to safeguard the rights of work - ers or creditors for as long as deemed necessary, which shall not exceed five years. Penalties for the above offences are as follows. • Bribery of public officials and authorities (Article 427 bis CC): (a) fine – up to five years or five times the benefit obtained; or (b) dissolution, suspension, closure of premises, prohibition of activities, disqualification to ob - tain subsidies, judicial intervention. • Improper influence over public officials and authori - ties (Article 430 CC): (a) fine – up to two years; or (b) dissolution, suspension, closure of premises, prohibition of activities, disqualification to ob - tain subsidies, judicial intervention. • Misappropriation of public funds (Article 435.5 CC):
(a) fine – up to five years or five times the benefit obtained; or (b) dissolution, suspension, closure of premises, prohibition of activities, disqualification to ob - tain subsidies, judicial intervention. • Bribery of foreign officials and authorities in eco - nomic operations with disruption of competition (Article 288.2 CC): (a) fine: up to five years or five times the benefit obtained; or (b) dissolution, suspension, closure of premises, prohibition of activities, disqualification to ob - tain subsidies, judicial intervention. • Bribery of administrators, executives, and employ - ees of companies (Article 288.2 CC): (a) fine – up to five years or five times the benefit obtained; or (b) dissolution, suspension, closure of premises, prohibition of activities, disqualification to ob - tain subsidies, judicial intervention. • Bribery of sports entities, athletes, and referees to manipulate the outcome of highly significant sports competitions (Article 288.2 CC): (a) fine – up to five years or five times the benefit obtained; or (b) dissolution, suspension, closure of premises, prohibition of activities, disqualification to ob - tain subsidies, judicial intervention. • Falsify the economic-financial information con - tained in the prospectuses for any financial instru - ments (Article 288.2 CC): (a) fine – up to five years or five times the benefit obtained; or (b) dissolution, suspension, closure of premises, prohibition of activities, disqualification to ob - tain subsidies, judicial intervention. • Money laundering (Articles 302.2 CC): (a) fine – up to five years; or (b) dissolution, suspension, closure of premises, prohibition of activities, disqualification to obtain subsidies, judicial intervention. 5.2 Guidelines Applicable to the Assessment of Penalties There are no guidelines applicable to the assessment of appropriate penalties, but the Spanish Criminal Code includes rules for the application of the penal - ties (included in the legality principle).
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