SPAIN Law and Practice Contributed by: Gabriel Rodríguez-Ramos, RODRIGUEZ RAMOS ABOGADOS
7.3 Jurisdictional Reach of Enforcement Bodies The conclusions of the OLAF considering fraud are sent to the EPO, which decides the procedural con - sequences. If the EPO decides to initiate a criminal process (due to its own information, the conclusions of the OLAF or the information provided by any citizen, private company or public body), all its decisions with their legal consequences must have effective judicial legal protection (as covered by Union law, Article 19.2 TEU), that in Spain, during the investigation period of the process, is assured by revision of the Guaranties Judge (Article 8 Organic Law 9/2021, of July 1, on the application of Council Regulation (EU) 2017/1939, of 12 October 2017, establishing enhanced co-operation for the creation of the European Public Prosecutor’s Office). The decisions of the AAI or the offices of the autono - mous community’s administration can be appealed through the administrative jurisdiction. The decisions of the criminal courts have a complete appeal system, to comply and fulfil the fundamental rights of the process (especially the right to appeal in criminal matters, Article 2 Protocol 7 to the ECHR). 7.4 Discretion for Mitigation and Aggravation There is no discretion for mitigation and aggravation in enforcing the law different to the benefits expressed in 4.5 Safe Harbour or Amnesty Programme . 7.5 Recent Landmark Investigations or Decisions On the administrative side, there has still been no sanction of the AAI as the legal framework of the cen - tral authority has just been approved (Royal Decree 1101/2024, published 30 October 2024, entered into force on 31 October 2024) and the authority is not yet a material reality. The prosecutor and judicial enforcement activity relat - ed to both public and private bribery and corruption conduct carried out by natural and/or legal persons during the last year has extended to:
• 89 prosecutor investigations, 156 judicial investiga - tions, 54 decisions to judge and 31 trials related to facts linked to misappropriation of public funds, including the misappropriation of public assets (Article 423 CC), their use for private purposes (Article 424 CC), or for a purpose different from the one intended (Article 433 CC); • 21 prosecutor investigations, 60 judicial investi - gations, one decisions to judge and three trials related to facts linked to improper influence over public officials and authorities (by other public officials or authorities (Article 428 CC) or by a non- public person (Article 429 CC)); • one prosecutor investigation, eight judicial inves - tigations, two decisions to judge and ten trials related to facts linked to fraud in public procure - ment (Article 436 CC); • 20 prosecutor investigations, 86 judicial investiga - tions, 11 decisions to judge and three trials related to facts linked to bribery of public officials and authorities to engage in improper conduct (both the public official who promotes or receives it (Article 419 CC) and the private individual who promotes or pays it (Article 424 CC)); • one prosecutor investigation and no judicial investi - gation and neither decision to judge nor trials linked to the crime of bribery of foreign officials and authorities in economic operations with disruption of competition (Article 286 ter CC); • four prosecutor investigations, 20 judicial investiga - tions, five decisions to judge and one trial related to facts linked to the crime of bribery of adminis - trators, executives, and employees of companies (Article 286 bis CC); • there has been no new prosecutor investigation, four judicial investigations, and no decision to judge nor trials linked to the crime of bribery of sports entities, athletes, and referees to manipulate the outcome of highly significant sports competi - tions (Article 286 bis CC); and • 38 prosecutor investigations, 519 judicial investiga - tions, 98 decisions to judge and 309 trials related to facts linked to the crime of money laundering (Articles 301–304). 7.6 Level of Sanctions Imposed As a result of criminal judicial activity, severe imprison - ment penalties are imposed frequently on natural per -
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