Francisco Javier Martín Porras

Economic crime and compliance Criminal compliance: how a compliance programme can exempt the company from liability Since 2010, legal entities have been criminally liable in Spain. An effective prevention model can avoid conviction, but only if it is real and not made of paper. Since the 2010 reform introduced the criminal liability of legal entities,...

Procedural safeguards The rights of detainees in Spain: legal assistance, time limits and habeas corpus What the police can and cannot do during an arrest, and which safeguards protect the detained person from the very first minute. Being arrested is one of the most distressing situations a person can experience. In those first moments, knowing...

Extradition and international cooperation International letters rogatory: how judicial cooperation in criminal matters works between countries When a crime crosses borders, judges and prosecutors need another State’s collaboration to take evidence, serve decisions or trace assets. This is how that assistance is organised. Crime rarely respects borders. A fraud committed from a server abroad, a...

Extradition and international cooperation The European arrest warrant (EAW): what it is and how it works The instrument that replaced classic extradition between EU countries, with fast time limits and a strictly judicial decision. When a person wanted by the courts of one European Union country is found in another Member State, the slow classic...

Companies and economic crime Shareholder disputes in Spain: when they cross the criminal line A shareholder dispute is, first and foremost, a commercial-law dispute. But there is a point at which it crosses the criminal line, and knowing where that point lies is what separates a criminal complaint that prospers from one that is dismissed....

Companies and economic crime Digital evidence in corporate criminal cases: whoever dominates the information wins Challenging imagings and chains of custody, dismantling expert methods and dominating the investigation instead of the trial. The case file has twenty volumes, fifty thousand emails and three contradictory expert reports. The hearing lasts five days. And the defence that...

Companies and economic crime Internal investigations: the report that protects the company, and the one that sinks it The window before the Prosecution, the four limits, external professional secrecy and the three legitimate exits. The company commissions an internal investigation, the report concludes there is nothing, and that report ends up being the main prosecution...

Companies and economic crime Effective compliance: the five questions the judge will ask your company Corporate criminal liability, the penalties that destroy companies and the examination an organisation model must pass. Your company has a compliance manual. It was commissioned years ago, it is bound, and nobody has opened it since. If criminal proceedings arrive...

Companies and economic crime A search at the company: the first hours decide the next four years Who is at the door, the first five moves, the record that decides the appeal and the 72 hours that follow. The day the judicial commission shows up at your company, everything that happens in the following four...

Companies and economic crime CEO fraud: the transfer that ruins a company and the hours that decide everything How business email compromise works, what to do in the first hours, whether the bank answers and what actually prevents it. An email from the finance director requests an urgent and confidential transfer to close a deal....