SPAIN Trends and Developments Contributed by: Gabriel Rodriguez-Ramos, RODRIGUEZ RAMOS ABOGADOS
the Prosecutor General from that of the govern - ment, taking into account European standards on independence and autonomy of the prosecu - tion. The current Prosecutor General is being inves - tigated by the Supreme Court for leaking con - fidential information and data (ie, confidential communications between lawyers and prosecu - tors) to the media and to the public, concerning pre-trial investigations involving the sentimental partner of a key leader of the opposition party. The Supreme Court has ordered an entry and search of the Prosecutor General’s office, seizing all his digital devices to investigate the offence. The evolution of the case could have implica - tions for the legislative framework of the insti - tution, to assure the required independence of the Prosecutor General’s office activity from the executive branch. The annual investigations referred to corruption led by the Prosecutor Office include the follow - ing. • 94 prosecutor investigations related to facts linked to misappropriation of public funds, including the misappropriation 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 related to facts linked to improper influence over public offi - cials and authorities (by other public officials or authorities – Article 428 CC – or by a non- public person – Article 429 CC). • 15 prosecutor investigations related to facts linked to fraud in public procurement (Article 436 CC). • 27 prosecutor investigations related to facts linked to bribery of public officials and author -
ities 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). • Eight prosecutor investigations related to facts linked to the crime of bribery of adminis - trators, executives, and employees of compa - nies (Article 286 bis CC). • 25 Prosecutor investigations linked to the crime of money laundering (Articles 301–304). • There have been no new prosecutor investi - gations: (a) linked to the crime of bribery of foreign officials and authorities in economic operations with disruption of competition (Article 286 ter CC); and (b) linked to the crime of bribery of sports entities, athletes, and referees to manipu - late the outcome of highly significant sports competitions (Article 286 bis CC). Since 2021, the European Prosecutor Office (EPO) has Spanish European Delegated Pros - ecutors (seven), responsible for investigating, prosecuting and bringing to judgment criminal offences affecting the financial interests of the Union (Directive (EU) 2017/1371 and Article 4 Regulation (EU) 2017/1939). According to its report, during 2023 the Spanish European Delegated Prosecutor Office: • began 29 investigations; • accumulated 47 ongoing investigations affecting EUR321,7 million; and • received reports/complaints: (a) from 32 Spanish authorities; (b) from 13 EU institutions, bodies, offices and agencies; and (c) from ten private parties.
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