SPAIN Law and Practice Contributed by: Gabriel Rodríguez-Ramos, RODRIGUEZ RAMOS ABOGADOS
cotics, or psychotropic substances; (x) crimes of constituting, financing, or integrating into a criminal group or organisation, or crimes committed within them, provided that they in - volve groups or organisations acting with a view to committing a crime in Spain that is punishable by a maxi - mum penalty of three years in prison or more; (xi) crimes against sexual freedom and indemnity committed against under - age victims; (xii) crimes regulated in the Council of Europe Convention of 11 May 2011, on Preventing and Combating Vio - lence against Women and Domestic Violence; (xiii) human trafficking; (xiv) crimes of corruption among private individuals or in international eco - nomic transactions; (xv) crimes regulated in the Council of Europe Convention of 28 October 2011, on the Counterfeiting of Medi - cal Products and Crimes that Pose a Threat to Public Health; and (xvi) any other crime whose prosecution is mandatory according to a valid treaty for Spain or by other regulato - ry acts of an international Organisa - tion of which Spain is a member, in the cases and conditions determined therein. 3.3 Corporate Liability The Spanish criminal system introduced in 2010 the criminal liability of legal entities, settled by criminal courts when:
• a crime is committed by a natural person – either legal representatives or employees – on behalf of a legal entity or for its benefit; • the crime is on the catalogue of those that generates criminal responsibilities for legal entities (not all the crimes of natural persons can generate criminal responsibility for legal persons). Considering bribery and corrup - tion, the Criminal Code establishes criminal responsibility of legal entities for: (a) bribery of public officials and authorities (Article 427 bis CC); (b) improper influence over public officials and authorities (Article 430 CC); (c) misappropriation of public funds (Article 435.5 CC); (d) bribery of foreign officials and authorities in economic operations with disruption of competition (Article 288.2 CC); (e) bribery of administrators, executives, and employees of companies (Article 288.2 CC); (f) bribery of sports entities, athletes, and ref - erees to manipulate the outcome of highly significant sports competitions (Article 288.2 CC); (g) falsifying the economic-financial informa - tion contained in the prospectuses for any financial instruments (Article 288 CC); and (h) money laundering (Articles 302.2 CC); • the legal entity has not taken the necessary organisational and management measures to neutralise that possibility and the Criminal Code. These measures must include, at least (Article 31 bis CC): (a) the identification of the activities within which crimes that must be prevented can be committed; (b) protocols or procedures that specify the process of forming the will of the legal entity, making decisions, and executing them;
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