Article 420 Spanish Criminal Code: Bribery for a Proper Act of Office

Article 420 of the Spanish Criminal Code punishes the person in authority or public official who receives or solicits a gift, favour or reward, or accepts an offer or promise, in order to carry out an act proper to his office. The distinction from article 419 lies entirely in the lawfulness of the act procured: here the official does what he was in any event entitled and obliged to do, and is punished for having been paid to do it. The penalty is imprisonment of two to four years with a fine and disqualification of five to nine years.

Wording of Article 420 of the Spanish Criminal Code

Elements of the offence

1. A perpetrator who is a person in authority or a public official.
2. The receipt, solicitation or acceptance of a benefit, personally or through an intermediary, whether for himself or for a third party.
3. That the act procured is proper to the office, that is lawful and within the official’s competence, which is what distinguishes this article from article 419.
4. A connection between the benefit and that act, which must be established and not inferred from the coincidence of a payment and a decision.

Defence strategy

No act was procured at all. Where the benefit was not linked to any act, the correct provision is article 422, with a penalty of six months to one year and therefore a suspended sentence in ordinary cases. This argument is available where the payment or gift preceded any application, where the official had no matter pending from the giver, or where the relationship between the parties was social or commercial and independent of the office.

The act was lawful and would have been taken in any event. That the act was proper to the office is the premise of this article, and it also supports the argument that no advantage was in fact conferred. Establishing that the licence, the certificate or the payment was due, that it complied with the applicable rules and that any other official would have decided the same way, undermines the connection between the benefit and the decision and supports the minimum of the bracket.

The nature of the benefit. A gift, favour or reward of any kind is required. Customary hospitality, an item of trivial value, an invitation extended to a group, and remuneration for genuine work performed outside the office are not benefits in the statutory sense. The defence documents the value, the occasion and the practice, and where the sums are modest the argument that no bribe existed is frequently accepted.

The position of the private giver. Under article 424 the person who offers or gives is punished with the same penalties as the official. Where the firm acts for a business or an individual on that side, the analysis is the same but the objective often differs: establishing that the payment corresponded to a service, that it was accounted for and taxed, and that no act of the office was sought. Article 426 exempts the giver who reports the facts within two months, which must be considered at the earliest stage.

• Article 419: bribery contrary to duty
• Article 404: prevarication by officials
• Spanish Criminal Code by article
• Spanish-language entry

This entry is provided for information only and does not constitute legal advice. The application of any provision depends on the circumstances of the individual case and requires examination of the case file by a qualified lawyer.