SPAIN Law and Practice Contributed by: Gabriel Rodríguez-Ramos, RODRIGUEZ RAMOS ABOGADOS
(b) dissolution, suspension, closure of prem - ises, prohibition of activities, disqualifica - tion to obtain subsidies, judicial interven - tion. • Bribery of foreign officials and authorities in economic operations with disruption of com - petition (Article 288.2 CC): (a) fine: up to five years or five times the benefit obtained; or (b) dissolution, suspension, closure of prem - ises, prohibition of activities, disqualifica - tion to obtain subsidies, judicial interven - tion. • Bribery of administrators, executives, and employees of companies (Article 288.2 CC): (a) fine – up to five years or five times the benefit obtained; or (b) dissolution, suspension, closure of prem - ises, prohibition of activities, disqualifica - tion to obtain subsidies, judicial interven - tion. • Bribery of sports entities, athletes, and ref - erees to manipulate the outcome of highly significant sports competitions (Article 288.2 CC): (a) fine – up to five years or five times the benefit obtained; or (b) dissolution, suspension, closure of prem - ises, prohibition of activities, disqualifica - tion to obtain subsidies, judicial interven - tion. • Falsify the economic-financial information contained in the prospectuses for any finan - cial instruments (Article 288.2 CC): (a) fine – up to five years or five times the benefit obtained; or (b) dissolution, suspension, closure of prem - ises, prohibition of activities, disqualifica - tion to obtain subsidies, judicial interven - tion. • Money laundering (Articles 302.2 CC): (a) fine – up to five years; or
(b) dissolution, suspension, closure of prem - ises, prohibition of activities, disqualifica - tion to obtain subsidies, judicial interven - tion. 5.2 Guidelines Applicable to the Assessment of Penalties There are no guidelines applicable to the assess - ment of appropriate penalties, but the Spanish Criminal Code includes rules for the application of the penalties (included in the legality princi - ple). These rules: • define (content) the penalties (Articles 32 to 60 CC); • cement the rules for the imposition of the penalties: (a) general rules (Articles 61 to 72 CC); and (b) when considering various crimes (Articles 73 to 79 CC); and • cement the rules for the execution of the penalties: (a) suspension (Articles 80 to 87 CC); (b) substitution (Article 89 CC); and (c) conditional release (Articles 90 to 92 CC).
6. Disclosure Processes 6.1 Disclosure Obligations
Anyone who witnesses the commission of any public crime is obligated to immediately inform the nearest investigating judge, prosecutor or police officer (Article 259 of the Spanish Criminal Procedural Law). When the natural or legal person can be consid - ered liable for the offence, the privilege against self-incrimination (Article 6.1 ECHR) prevails,
408 CHAMBERS.COM
Powered by FlippingBook