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

    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 W Baker, Malaga
      Tuesday, November 06, 2018
      We were extremely satisfied with Alvaro: He explained the law to us and gave us a solution to our problem. He could not have been more helpful and we will definitely use him again.
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      Thom Koller, London
      Monday, November 05, 2018
      Francisca provided a perfect service!

      She is professional, dedicated and took care to understand the needs of my situation. Her service offers exceptional value for money and gives complete peace o...f mind.
    • Default Avatar75
      Michael O'Sullivan, Ibiza
      Thursday, November 01, 2018
      Understanding Spanish law regarding buying and selling properties is a minefield for English speakers. Cristina provided the legal expertise, the translation of legal documents, explanations for all i...ssues, and solutions for our challenges.

      Also, she provides confidence and reassurance that what we are doing is in our best interests and within the law - very important when working in a foreign country.

      In summary, she is an excellent professional that we are so pleased we found and will continue to use for all our legal matters.

      I think you have a perfect solution for supporting people abroad. I was lucky to find you on the internet. Perhaps you could promote your services to all estate agents abroad, so more people can get access to your service when buying or selling abroad.
    • Default Avatar75
      Colin Wilson, Australia
      Tuesday, October 30, 2018
      Overall it was great. Rosa always answered all questions asked and provided clear, concise and well explained answers.

      When there was a delay in responding she did offer an apology which was appre...ciated. Rosa always instilled a sense of confidence that she knew exactly what was going on, what I was asking, and what the applicable law was.

      When not a Spanish local and dealing with her remotely, this provided great comfort in a sensitive matter.
    • Default Avatar75
      Campbell Reynolds, Spain
      Monday, October 22, 2018
      We were very satisfied with the service provided by our lawyer Sabela.

      She was very accomodating, quick response to everything while thinking outside the box for solutions. Also, her English was mo...re or less fluent.
    • Default Avatar75
      David Edwards, England
      Wednesday, October 17, 2018
      Very Satisfied with the service provided by Oliver. He was quick, efficient and value for money. Would definitely recommend to friends.
    • Default Avatar75
      Andrew Morecroft, Lubrin
      Monday, October 15, 2018
      Juan was extremely helpful during every part of the purchase. As I was buying an older property there were slight complications but Juan explained every issue and managed to work through the difficult...ies with supreme efficiency.

      Also there was a ridiculous situation with my Spanish bank account where I could not access the money even though it was in the account. Thankfully I had given Juan power of attorney and he managed to sort-out the problem.

      He went above and beyond the call of duty and I am very grateful for all his help. I would strongly recommend him to anyone looking to buy in the Almeria region.
    • Default Avatar75
      Manoochehr Jafari-Nahad, UAE
      Saturday, October 13, 2018
      Jose-Antonio was extremely helpful and prompt and also it was helpful that he could be contacted via social media like Whatsapp
    • Default Avatar75
      Michele Jansen van Vuuren, Benajarafe
      Saturday, October 13, 2018
      Alvaro was extremely helpful, he couldn't have done more. Very quick to respond to my query.

      Only issue was that some of the documents I needed to provide were not mentioned. However, would defini...tely recommend his services to friends.
    • Default Avatar75
      John Fraser Dunfield, San Francisco
      Friday, October 12, 2018
      Good understanding. Applied sufficient pressure as needed to get the issue resolved. Reasonable charge for service provided. Would definitely recommend this service to friends.
    • Default Avatar75
      Rosemarie Byrne and John Cooper, Dublin Ireland
      couple
      Tuesday, October 09, 2018
      We found Francisca extremely helpful with a great amount of knowledge about buying a house and re-locating to Spain.
    • Default Avatar75
      Jane Evanson, London, UK
      female
      Tuesday, October 09, 2018
      Francisco was very helpful and professional. I was very happy with the advice and service.
    • Default Avatar75
      David McChesney, Puerto Banus
      Wednesday, October 03, 2018
      Alvaro was very professional, Knowledgeable of the subject at hand, did not over-charge - in fact cut costs in the best way for me. Very efficient in the entire process. Thank you.
    • Default Avatar75
      Martha Kimes, Scottsdale, Arizona USA
      female
      Tuesday, October 02, 2018
      Francisco was incredibly responsive (and quickly).

      Unlike American attorneys (and I know, because I am one), he didn't even bill me for a few follow-up emails/calls that he made on my behalf which... he easily could have done.

      I was supremely happy with his legal services.
    • Default Avatar75
      David Roots, England
      Monday, October 01, 2018
      We were very satisfied with the service we received. Rosa dealt with the matter in hand promptly and efficiently.
    • Default Avatar75
      David Knors, Barcelona
      Wednesday, September 26, 2018
      Oscar was very kind, professional and fair. He was able to help me with my problem and he was very determined that he would.

      Oscar is very competent, polite and showed a lot of effort to solve my ...problem. I strongly recommend him.
    • Default Avatar75
      Tauri, Estonia
      female
      Tuesday, September 25, 2018
      Very satisfied with the service. Francisco is bilingual English-Spanish and was always quick to respond and was very professional at all times.
    • Default Avatar75
      Mohamed kheder, Dublin, Ireland
      Monday, September 24, 2018
      Every thing was great ... Rosa was really helpful and understanding. And I see the value for money was good enough.. of course I would recommend it to any of my friends.

      And I would like to have th...e chance to thank Rosa and the whole company for everything.
    • Default Avatar75
      Daniel Elias, New York
      Tuesday, September 18, 2018
      Excellent service, delivered exactly as promised, and at half the cost a different translator had requested for the same project!
    • Default Avatar75
      Darren & Gemma Nesbitt, Valencia
      Tuesday, September 11, 2018
      Inmaculada has been of excellent service to us, as a family and in helping to set up a business in Spain. She has now undertaking several project for us and has delivered high quality on all of them. ...Perfect service!
    • Default Avatar75
      Patsy Valentin, Granada
      Tuesday, September 11, 2018
      Extremely accommodating and highly professional and very pro active. Excellent result and service. Highly recommended.
    • Default Avatar75
      Jovie, Malaga
      Wednesday, September 05, 2018
      My lawyer Alvaro was extremely helpful and very efficient. I would definitely recommend his services to friends.
    • Default Avatar75
      Albert Roldan, France
      Tuesday, September 04, 2018
      Alfonso was extremely helpful, particularly since we requested a quick turnaround for the 18 documents needing to be translated from English and French to Spanish.

      He was fluent in our phone conver...sations and email correspondence, he never misunderstood what our requirements were. He was was clear in explaining how this process works and what the price included.

      I would highly recommend him to anyone needing these services.
    • Default Avatar75
      David Grundy, UK
      Friday, August 24, 2018
      Jose was very polite and we received an excellent service from him. Nothing was to much trouble and his communication was 2nd to none. Highly recommended!
    • Default Avatar75
      Mario Klappholz, Miami, Florida
      Thursday, August 16, 2018
      Inma was very helpful, always happy to assist. I particularly appreciated her professionalism. I would not hesitate to recommend her services to friends.
    • Default Avatar75
      Daniel Spitzhorn, Spain
      Tuesday, August 14, 2018
      Miguel in Oviedo helped us during the process of buying a flat in Asturias. He was just brilliant!
    • Default Avatar75
      Tracey Iliffe Bradley, UK
      female
      Tuesday, August 14, 2018
      Rosa dealt with everything efficiently and promptly and went beyond our expectations by helping us to open a Spanish bank account and deal with other minutiae.
    • Default Avatar75
      Erslaan Ahmed, Bangladesh
      Friday, August 10, 2018
      Gave very good advice and provided an excellent solution. Inma is very professional in her work. I would recommend her services to friends.
    • Default Avatar75
      John Ryan, Derby, England
      Wednesday, August 08, 2018
      A perfect relationship between client and professional. Nothing was too much trouble.

      Went over and above his job and more. I would only use his services if I need legal services. I were very lucky... to find Jose first time round.

      Thank you jose
    • Default Avatar75
      Robert Brownlee, Almeria, Spain
      Wednesday, August 08, 2018
      Everything was as it should be: excellent. Had to pay by bank transfer and maybe would have liked another means of paying.

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