SPAIN Trends and Developments Contributed by: Gabriel Rodríguez-Ramos, RODRIGUEZ RAMOS ABOGADOS
On 9 December 2025, the Prosecutor General was declared as guilty by the Supreme Court of commit - ting the crime of leaking secrets (Article 417.1 CC), for leaking confidential information and data to the media and to the public concerning pre-trial inves - tigations involving the sentimental partner of a key leader of the opposition party of the government that appointed him. This case should have implications for the legislative framework of the institution, to assure the required independence of the Prosecutor General’s office from the executive branch, which cannot be taken for granted at present. The annual investigations related to corruption led by the Prosecutor Office include the following: • 89 prosecutor investigations 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 (Arti - cle 433 CC); • 21 prosecutor investigations 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 related to facts linked to fraud in public procurement (Article 436 CC); • 20 prosecutor investigations 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 linked to the crime of bribery of foreign officials and authorities in eco - nomic operations with disruption of competition (Article 286 ter CC); • four prosecutor investigations related to facts linked to the crime of bribery of administrators, executives and employees of companies (Article 286 bis CC); • there has been no new prosecutor investigation linked to the crime of bribery of sports entities, athletes and referees to manipulate the outcome of
highly significant sports competitions (Article 286 bis CC); and • 38 prosecutor investigations related to facts linked to the crime of money laundering (Articles 301– 304). Judicial In respect of criminal judicial activity, the ordinary competent authority to investigate bribery and cor - ruption in Spain is the Investigation Court of the judi - cial region in which the crime is committed. There are 431 judicial regions with very different characteristics. Some of them have more than one investigation court (ie, there are 54 investigation courts in Madrid, and 33 in Barcelona). In those cases, the competent court results from the application of the previously fixed organic assignment rules of cases. The central investigation courts, which form part of the National High Court ( Audiencia Nacional ), are respon - sible for investigating cases that affect various judi - cial regions or have national significance. There are six central investigation courts, and jurisdiction over each case is determined according to the previously established rules for assigning matters among them. The annual judicial activity related to corruption has included the following. • 156 judicial investigations, 54 decisions to judge and 31 trials related to facts linked to misappropri - ation of public funds, including the misappropria - tion 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); • 60 judicial investigations, one decision 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)); • eight judicial investigations, two decisions to judge and ten trials related to facts linked to fraud in pub - lic procurement (Article 436 CC); • 86 judicial investigations, 11 decisions to judge and three trials related to facts linked to bribery of public officials and authorities to engage in improp - er conduct (both the public official who promotes
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