SPAIN Law and Practice Contributed by: Gabriel Rodríguez-Ramos, RODRIGUEZ RAMOS ABOGADOS
patible with any admissible interpre - tation of the law (prison linked when considering judges resolutions (Ar - ticle 446 CC); not prison linked but disqualification for public responsi - bilities in any other case (Article 404 CC). (b) Affecting foreign public administrations. (i) bribery of foreign officials and author - ities in economic operations (public procurement) with disruption of com - petition (Article 286 ter CC); and (ii) in the national sphere, against acts of bribery (Article 427 CC), improper influence (Article 431 CC), and mis - appropriation of public funds (Article 435 CC) involving officials of the Eu - ropean Union of any European Union country or any other foreign country (Article 427 CC). • Bribery and corruption related to private sec - tor scopes bribery of administrators, execu - tives, and employees of companies (Article 286 bis CC) and of sports entities, athletes, and referees to manipulate the outcome of highly significant sports competitions (Article 286 bis CC). Movements and transformations of funds or assets can also lead to additional criminal lia - bility through money laundering crime, if it is determined that they were intended to conceal or cover up their illicit origin or to assist the per - son involved in the offence in evading the legal consequences of their actions (Articles 301–304 CC). 2.2 Influence-Peddling The improper influence over public officials and authorities by other public officials or authorities or non-public persons is criminalised nationally (Articles 428 and 429 CC) and internationally
(foreign public officials influence-peddling, Arti - cle 477 CC). 2.3 Financial Record-Keeping The CC contains two different offences relating to inaccurate corporate books and records and/ or dissemination of false information. • Article 290 CC, which permits the imposition of up to three years of imprisonment on those who falsify the accounting or any other docu - ments that should reflect the legal or financial situation of the entity, in a way that could cause economic harm to the company, one of its partners, or a third party. • Article 282 bis CC, which permits up to four years of imprisonment for those who issue securities traded in the securities markets, falsify the economic-financial information contained in the prospectuses for any finan - cial instruments, or in the information that the company is required to publish and dis - seminate under securities market legislation regarding its resources, activities, and present or future business, with the aim of attracting investors or depositors, placing any type of financial asset, or obtaining financing by any means. 2.4 Public Officials Misappropriation of public funds is considered a criminal behaviour, with a new regulation having entered into force in January 2023 (LO 14/2022, published on 23 December 2023, and entered into force on 12 January 2024) including: • misappropriation of public assets (Article 432 CC); • use of public assets for private purposes (Article 432 bis CC); and • use of public assets for a purpose different from the one intended (Article 433 CC).
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