SPAIN Trends and Developments Contributed by: Gabriel Rodriguez-Ramos, RODRIGUEZ RAMOS ABOGADOS
The activity of the Spanish European Delegated Prosecutor Office will continue to increase dur - ing 2024. Judicial Branch In respect of criminal judicial activity, the ordi - nary competent authority to investigate bribery and corruption in Spain is the Investigation Court of the judicial region in which the crime is com - mitted. There are 431 judicial regions with very different characteristics. Some of them have more than one investigation court (ie, there are 54 investigation courts in Madrid, and 33 in Bar - celona). In those cases, the competent court results from the application of the previously fixed organic assignment rules of cases. The central investigation courts, as part of the National High Court ( Audiencia Nacional ), are the competent authorities to investigate cases affecting to various judicial regions (national rel - evance/extension). There are six central investi - gation courts, and all six have the same compe - tencies. The one ultimately in charge of a case is determined by aleatory assignment rules to ensure independence. The annual judicial activity referred to corruption has included the following. • 56 judicial investigations, 53 decisions to judge and 25 trials related to facts linked to misappropriation of public funds, including the misappropriation of public assets (Article 423 CC), their use for private purposes (Arti - cle 424 CC), or for a purpose different from the one intended (Article 433 CC). • 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)). • Four judicial investigations, two decisions to judge and a trial related to facts linked to fraud in public procurement (Article 436 CC). • 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 pro - motes or pays it (Article 424 CC)). • There has been one trial related to facts linked to the crime of bribery of administra - tors, executives, and employees of compa - nies (Article 286 bis CC) and one trial referred to bribery of foreign officials and authorities in economic operations with disruption of competition (Article 286 ter CC). • 287 judicial investigations, 567 decisions to judge and 211 trials related to facts linked to the crime of money laundering (Articles 301–304). • There have been no judicial investigations and neither decision to judge nor trials linked to the crime of bribery of sports entities, athletes, and referees to manipulate the out - come of highly significant sports competitions (Article 286 bis CC). The GRECO, at its 92nd Plenary Meeting (held on 2 December 2022), and when covering cor - ruption prevention in respect of judges in Spain, considered as recommendations: • carrying out an evaluation of the legislative framework governing the General Council of the Judiciary (CGPJ) and of its effects on the real and perceived independence of this body from any undue influence; • objective criteria and evaluation requirements be laid down in law for the appointment of the
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