SPAIN Law and Practice Contributed by: Gabriel Rodríguez-Ramos, RODRIGUEZ RAMOS ABOGADOS
efits expressed in 4.5 Safe Harbour or Amnesty Programme . 7.5 Recent Landmark Investigations or Decisions On the administrative side, there has been still no sanction of the Independent Whistle-Blower Protection Authority (AAI) as the legal framework of the central authority has just been approved (Royal Decree 1101/2024, published 30 October 2024, entered into force on 31 October 2024) and the authority is not yet a material reality. The prosecutor and judicial enforcement activity related to both public and private bribery and corruption conduct carried out by natural and/or legal persons during the last year has extended to: • 94 prosecutor investigations, 56 judicial investigations, 53 decisions to judge and 25 trials related to facts linked to misappropria - tion of public funds, including the misappro - priation 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); • 19 prosecutor investigations, three judicial investigations, two decisions to judge and no 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)); • 15 prosecutor investigations, four judicial investigations, two decisions to judge and a trial related to facts linked to fraud in public procurement (Article 436 CC); • 27 prosecutor investigations, 26 judicial investigations, 16 decisions to judge and ten trials 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)); • there has been no new prosecutor or judicial investigation and neither decision to judge nor trials linked to the crime of bribery of foreign officials and authorities in economic operations with disruption of competition (Article 286 ter CC), and there has only been one trial; • eight prosecutor investigations, no judicial investigations, no decision to judge and one trial 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 or judi - cial investigations and neither decision to judge nor trials 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 • 25 prosecutor investigations, 287 judicial investigations, 567 decisions to judge and 211 trials related to facts linked to the crime of money laundering (Articles 301–304). 7.6 Level of Sanctions Imposed As a result of criminal judicial activity, severe imprisonment penalties are imposed frequent - ly on natural persons linked to the crimes expressed above. Often, this includes a a con - sideration of various crimes, increasing the final terms of imprisonment (Articles 73 to 79 CC). With reference to legal persons, almost all the penalties imposed linked to their criminal responsibility are fines and a result of agree - ments with the Prosecutor Office.
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