New Spanish Criminal Code comes into force from July 1st 2015

  • David
    David is an experienced English-speaking lawyer in Madrid. He has provided expert legal advice to clients in Madrid for the past 15 years in relation to Property transactions, Contractual disputes, Inheritance matters, Family Law issues as well as business and tax affairs.
Although the new Spanish criminal code that is entering into force on July 1st  2015  dedicates most of it’s new Articles to internal issues, such as illegal financing of political parties, criminal actions during strikes and demonstrations,  or the imposition of life sentences for very serious crimes or terrorist attacks, some of the new laws might affect foreign nationals and companies.
This new penal code substitutes the one approved 20 years ago (November 23rd 1995) and has some new features that should be taken into consideration by those with corporate interests in Spain, tourists and residents from abroad, such as the following:
  1. A new law specifies that a citizen of the European Union may be expelled from Spain if they represent a serious threat to public safety. So far this measure could only be applied to foreigners who are not citizens of EU countries.
  2. The age of sexual consent is raised to 16 years of age, instead of the previous 14 years required for having sex being an adult (An exception is provided where there is consent and it is between people of a similar age.
  3.  Animal abandonment  will entail the payment of a fine, while for the first time the penal code criminalizes exploitation or abuse of animals, such as in cockfights or dogfights.
  4. Corporate Compliance Programs. Article 33 of the new Spanish criminal code sets forth the 6 elements to be met by a Compliance Program  established by a national or foreign company which would exempt legal entities from being held criminally liable. In Spain, since 2010, an officer or employee of a company can be held personally liable for the following offences:
  • Crimes against privacy and computer trespass (art. 197)
  • Proper and improper scams (art. 251 bis)
  • Punishable Insolvency: uprisings and punishable contests (Article 261 bis.)
  • Computer hacking and damage (art. 264)
  • Crimes against intellectual property (art. 288)
  • Offences against the market and consumers (art. 288), which is a wide are that includes:
  • Discovery and disclosure of company secrets (arts. 278-280).
  • Shortage of raw materials (art. 281).
  • Misleading advertising (art. 282).
  • Fraud investors and credit (art. 282 bis).
  • Mispricing (art. 283).
  • Handling market prices (art. 284.1 and 2).
  • Insider Trading (arts. 284.3 and 285).
  • Illegal access to radio and television (art. 286).
  • Corruption between private business and sports (art. 286 bis).
  • Money laundering (art. 302).
  • Offences Against the Treasury and Social Security (art. 310 bis).
  • Crimes against the rights of foreign citizens (art. 318 bis).
  • Crime on spatial planning (art. 319).
  • Crimes against natural resources and the environment (art. 327 and 328).
  • Offences relating to nuclear energy and ionizing radiation (art. 343).
  • Crimes risk caused by explosives (art. 348).
  • Bribery (art. 427).
  • Trading in influence (art. 430).
  • Foreign Official Corruption (art. 445).
Provided that the Compliance Program has been adopted before a crime is committed by any of its officers or employees and includes the following components:
  1. Risk assessment of the crimes that should be prevented.
  2. Standards and controls to mitigate any criminal risk.
  3. Financial management system in place to prevent the economic crimes.
  4. Obligation to report to the Compliance Body any violation of the standards and controls.
  5. Disciplinary system to sanction the violation by officers and employees of the Compliance Program.
  6. Periodical review of the Compliance Program, making the necessary adjustments when serious violations occur or when the company undergoes organizational, structural or economic activity changes.

In addition, the Spanish Criminal Code establishes that any foreign company will need to prove that it’s officers and employees have received proper training on the compliance program, in order for it to be effective.

Client Testimonials

Below is a list of recent reviews received from our clients, obtained via the Wufoo client survey platform:

  • Default Avatar75
    David Stack, Lliria, Spain
    Thursday, June 21, 2018
    Francisca was extremely helpful. She made the whole process easy to understand. I would definitely recommend her service to friends.
  • Default Avatar75
    Susanna Buckley, United Kingdom
    Wednesday, June 20, 2018
    Lidia is very approachable and friendly and I never felt that anything was a problem.

    She was also very sympathetic to my situation (my mother had passed away) and supportive. As soon as she was c...ontracted, she acted quickly to sort things out so that I could return home to the UK as soon as possible.

    She always tried her best to answer any questions very quickly and promptly and matters proceeded without too much worry on my part.
  • Default Avatar75
    Wendy Dickson, Marbella
    Tuesday, June 19, 2018
    It was all done very quick. Very good value for money. How easy it all was to communicate via email.
  • Default Avatar75
    Peter & Anita Bradshaw, Leeds, England
    Monday, June 18, 2018
    We could not be more happy with the service we received from Jaime.

    He responded immediately to our enquiry and it was clear from the outset that he fully understood our position. It was vital tha...t Jaime acted quickly in this matter and he did so in a highly professional and competent manner, providing us with clear and concise updates throughout.

    We found Jaime to be very polite and approachable and we believe his fees to be very reasonable. We would genuinely not hesitate to recommend his services.

    Before contacting Jaime, our previous experiences of Spanish Lawyers had been appalling - in fact we needed Jaime's help to resolve issues which previous Lawyers had created. Our only regret is not finding Jaime sooner!

    Thanks so much for all your help Jaime.
  • Default Avatar75
    Jan Neate, Nerja
    Wednesday, May 30, 2018
    Very satisfied with the service provided by Beatriz. She extremely helpful and spoke more or less fluent English. We would definitely recommend her to friends.
  • Default Avatar75
    Serena Bhatia, London
    Wednesday, May 30, 2018
    Anna has been nothing but helpful in providing information, sound advice and genuine care, My fiancé and I adore her! She is timely, professional and extremely knowledgeable about world wide law.
  • Default Avatar75
    Ronald Peter Downs, Spain
    Tuesday, May 29, 2018
    A lady staff member took us under her wing and managed to sort out my residency. Overall no complaints.
  • Default Avatar75
    Tracey and Mike Iliffe Bradley, Colchester, United Kingdom
    Tuesday, May 29, 2018
    From our very first contact through to the end of our purchase, Rosa surpassed all expectations.

    She was helpful, efficient, always quick to return our communications and a pleasure to deal with. ...We have already recommended her services to a friend.
  • Default Avatar75
    Cheryl, Seville
    Monday, May 28, 2018
    Miguel was helpful and kind. We will use his service in the future.
  • Default Avatar75
    Ken & Margaret, Torrevieja
    Thursday, May 24, 2018
    Pedro was extremely helpful, he couldn't have done more. We would definitely recommend his services to friends.
  • Default Avatar75
    Rl, Alicante
    Thursday, May 24, 2018
    Felt very comfortable at all times. Nothing was too much. Understood everything mentioned in our meeting. Very reasonable rate, money wise.
  • Default Avatar75
    KL, Valencia, Spain
    Wednesday, May 23, 2018
    Inma is easy to talk to, is prompt in replying to emails, is helpful and above all achieved the solution I wanted.
  • Default Avatar75
    MF, Lanzarote
    Monday, May 21, 2018
    My lawyer Cristina was extremely understanding , friendly and reassuring. With Cristina on my side, it gave me confidence to continue.
  • Default Avatar75
    RA, Paris
    Friday, May 18, 2018
    The service I needed wasn't complex, just verification of documents, but the service was rapid, friendly and exactly what I needed.My lawyer Julia was bilingual.
  • Default Avatar75
    Sham Naib, Callao Salvaje, Tenerife
    Friday, May 18, 2018
    My lawyer Oliver was very helpful, always happy to assist. He professionally checked the law before dispensing advice.
  • Default Avatar75
    Smith, France
    Friday, May 18, 2018
    Caroline is bilingual and was very helpful throughout. There is nothing I would suggest to improve. I was very happy with the service and would definitely recommend to friends.
  • Default Avatar75
    SJ Thiele,
    Tuesday, May 15, 2018
    Inma was very helpful and we were very satisfied with the service overall. We would definitely recommend her services to friends.
  • Default Avatar75
    John Stecher, England
    Tuesday, May 15, 2018
    Very satisfied with the service received. OUr lawyer was very easy and straightforward to deal with. Would definitely recommend to friends.
  • Default Avatar75
    Cian O'Grady, Ireland
    Tuesday, May 15, 2018
    We bought a property in spain and Lidia assisted us through the buying process.

    She was very professional and reassured us throughout the process.Her english was very good and we felt that we got ...good value for our money.
  • Default Avatar75
    PJU, Torun, Poland
    Wednesday, May 09, 2018
    Béatriz responded quickly to any queries I raised, with easily comprehensible answers.

    Her fee was very reasonable and she proved to be a very personable and approachable person when we finally at the Notary.
  • Default Avatar75
    Barry Gracey, Melbourne, Australia
    Monday, May 07, 2018
    I found Jaime helpful and responded promptly to my emails. I was very happy with the service provided and if needed would use him in the future
  • Default Avatar75
    Geraldine King, Ireland
    Monday, May 07, 2018
    I was extremely happy with Pedro,and Ana. They were honest,and answered my queries promptly.

    Pedro had to evict my squatter tenants, and then organised an estate agent to sell my apt. This agent un...dertook renovating the apt, and got me a good price.

    Pedro and his brilliant co-worker Ana finalised the sale and I received the money into my account, without me ever setting a foot in Spain.(Power of attorney).

    I will be recommending Pedro to friends, who are going to sell their apartment in Torrevieja. I highly recommend him.
  • Default Avatar75
    Joy Ellis, Sanxenxo
    Tuesday, May 01, 2018
    Sabela was extremely professional in her dealings with us, very patient and understanding of the situation and gave very good advice and a good solution to our problem.

    We feel very confident that... she has dealt with the complaint against a third party and know that if we need any further assistance in this matter she will be more than able to resolve it for us.

    She responded immediately to our contact and arranged a meeting on site to enable us to explain fully the problem we had.
  • Default Avatar75
    Caroline R, Barcelona
    Tuesday, April 24, 2018
    Miguel has been great!

    His English is excellent, he explains everything clearly, emails when he says he will, and is very efficient in the service he provides.

    I'd definitely recommend him to ...friends.
  • Default Avatar75
    George Salib, London
    Monday, April 23, 2018
    Jose Antonio was very professional and has assisted me in every step of the purchase of my flat in Alicante.

    He also assisted me by advising of the most suitable area according to my needs. His com...mitment and dedication is excellent.

    Jose Antonio was very easy to approach and happy to help in any way he can.

    I will definitely recommend him to my family and friends.
  • Default Avatar75
    Liezl Pulido, Philippines
    Monday, April 23, 2018
    Rosa never stopped working very hard, she went way above what she needed to do...she never gave up on me and always did more than I thought anyone would.

    I am so blessed I got Rosa to help me I co...uldn't have gotten a better lawyer she's the best.

    Thank you Rosa from the bottom of my heart you are a wonderful person, I am so grateful to you.
  • Default Avatar75
    KJB, United Kingdom
    Friday, April 20, 2018
    Francisco was professional and efficient. Very good value for money.
  • Default Avatar75
    Duncan Martin, Wolverhampton, England
    Friday, April 20, 2018
    Lidia, was extremely helpful and patient throughout the process.

    She was very attentive and responsive and explained everything in detail.

    Lidia represents excellent value for money and the so...lutions she recommended were very beneficial, especially as you hear and read about a lot of horror stories on the web.

    Lidia was the best legal representative i have employed and i will always use her where Spanish legal affairs are concerned.
  • Default Avatar75
    Julie Smith, Torrellano
    Friday, April 20, 2018
    I can't compliment my solicitor enough.

    From our initial meeting right through to my ultimate divorce (with no unpleasant surprises the entire duration of the entire process), he immediately respo...nded to my many enquiries, always had mine and my daughter's best interests at the forefront of any considerations and was well worth every penny of his extremely reasonable fee.

    Excellent value for money, totally approachable and very professional and understanding. I highly recommend him and will continue to retain his services for other matters in the future.
  • Default Avatar75
    SH, England
    Friday, April 20, 2018
    Very satisfied with the service provided. Miguel was approachable and prompt in replying.

Send Us Your Enquiry

Select Office

Select Office

Select Office

Select Office

Select Office

Select Office

Select Office

Select Office

Select Office

Choose Files