SPAIN Law and Practice Contributed by: Gabriel Rodríguez-Ramos, RODRIGUEZ RAMOS ABOGADOS
and there is no obligation to inform to authori - ties. 6.2 Voluntary Disclosure Incentives Self-incrimination and collaboration with authori - ties can have the benefits expressed in 4.5 Safe Harbour or Amnesty Programme . 6.3 Self-Disclosure Procedures There is no concrete process for self-disclosure information or documentation. Normally, it is a procedure led by the attorney of the self-incriminated, who co-ordinates the collaboration and negotiates the incentives with the prosecutor. Once the judicial process begins, it is also possible to achieve termination through an agreement with the prosecutor’s office. Apart from the requirements of a privileged regime to reduce penalties when considering crimes with a maximum penalty of less than three years of imprisonment, plea agreement terms are flexible and widely used as a legal instrument. Over the last year, approximately 75% of cases related to crimes with penalties of less than three years’ imprisonment have been concluded with plea agreements. This figure drops to 65.4% for crimes carrying penalties ranging from three to five years of imprisonment, and to 58.8% for crimes with penalties exceeding five years of imprisonment. 6.4 Protections Afforded to Whistle- Blowers In March 2023, a new law regulating the pro - tection of individuals reporting regulatory viola - tions and combating corruption (Law 2/2023, published on 21 February 2023, and entered
into force on 13 March 2023) came into effect, transposing Directive 2019/1937. The law introduced the obligation, for both pri - vate and public entities, to implement systems to receive information and investigate regulatory violations constituting crimes or serious admin - istrative offences (Article 2.1.b Law 2/2023) with certain requirements and guarantees. Private and public entities must guarantee from now on protective measures for the whistle-blower. • Prohibition of retaliation (Article 36 Law 2/2023), including: (a) suspension, dismissal, or termination of the employment contract; (b) damages, including reputational damag - es, or economic losses, coercion, intimi - dation, harassment, or ostracism; (c) negative evaluations or references regard - ing work or professional performance; (d) inclusion on blacklists or dissemination of information in a specific sector that can affect the access to employment or the contracting of works or services; (e) denial or cancellation of a licence or permit; (f) denial of training; and (g) discrimination or unjust treatment. • Supportive measures (Article 37 Law 2/2023), including: (a) comprehensive and independent informa - tion and advice, easily accessible to the public and free of charge, regarding the procedures and resources available, pro - tection against retaliation, and the rights of the affected person; (b) effective assistance from competent authorities before any relevant authority involved in their protection against retali - ation; (c) legal assistance in criminal proceedings
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