SPAIN Law and Practice Contributed by: Gabriel Rodríguez-Ramos, RODRIGUEZ RAMOS ABOGADOS
sons linked to the crimes expressed above. Often, this includes a consideration of various crimes, increasing the final terms of imprisonment (Articles 73 to 79 CC). With reference to legal persons, almost all the penal - ties imposed linked to their criminal responsibility are fines and a result of agreements with the Prosecutor Office. 8. Compliance Expectations 8.1 Compliance Obligations There is no legal obligation to implement compliance programmes. The implementation of compliance programmes ful - filling the requirements of Article 31 bis CC (detailed in 3.3 Corporate Liability ) should generate the non- existence of criminal responsibility of the company in the case a crime is committed by a natural person – either legal representatives or employees – on behalf of a legal entity or for its benefit. 8.2 Compliance Guidelines and Best Practices Enforcement bodies have not provided guidelines regarding expectations and/or best practices for com - pliance programmes. The closest thing to those guidelines is the guide published by the National Anti-Fraud Co-ordination Service in 2022 to implement anti-fraud measures when public administrations or public companies lead public procurement processes using those European funds, including risk assessment (fraud, corruption, conflicts of interests or double funding), preventive measures (anti-fraud policy, code of ethics, internal control systems, anti-fraud unit, training and aware - ness), detection measures (red flags, data controls, whistle-blower channel) and correction measures. There are two methodologies that are being largely used by companies in Spain to comply with the crimi - nal corporate compliance requirements: ISO 37.301 (Compliance Management Systems. Requirements with Guidance for Use) and ISO-UNE 19.601 (Crimi -
nal Compliance Management Systems. Requirements with Guidance for Use). 8.3 Compliance Monitorships Enforcement bodies do not have the option of seeking a compliance monitor as part of corporate resolutions. 9. Assessment 9.1 Assessment of the Applicable Enforced Legislation The Group of States Against Corruption (GRECO – Groupe d’Etats contre la corruption ) of the Council of Europe, adopted its last published report referring to Spain at its 100th Plenary Meeting on 3–6 June 2025 covering corruption prevention in respect of pre - venting corruption and promoting integrity in central governments (top executive functions, PTEF) and law enforcement agencies (LEA). GRECO concludes that Spain has not implemented satisfactorily or dealt with in a satisfactory manner any of the 19 recommenda - tions contained in the Fifth Round Evaluation Report. Previously, at its 97th Plenary Meeting on 17–21 June 2024, GRECO adopted the second addendum to the second compliance report referring to Spain, covering corruption prevention in respect of members of parlia - ment, judges and prosecutors. The recommendations referred to: • corruption prevention in respect of members of parliament, includes the introduction of rules on how members of parliament engage with lobbyists and other third parties who seek to influence the legislative process; • corruption prevention in respect of judges, includes: (a) carrying out an evaluation of the legislative framework governing the General Council of the Judiciary (CGPJ) and of its effects on the real and perceived independence of this body from any undue influence; and (b) objective criteria and evaluation requirements be laid down in law for the appointment of the higher ranks of the judiciary – ie, Presidents of Provincial Courts, High Courts of Justice, the National Court and Supreme Court judges, in
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