Economic Criminal Law · Alicante · Madrid · Nationwide across Spain
Here we do not simply defend cases: we control consequences.
Fraud, breach of fiduciary duty in management, money laundering, tax fraud and corporate criminal liability. When the risk is financial, criminal and reputational at once, the strategy is decided in the first few hours —not at trial.
In brief. English-speaking lawyers for corporate criminal liability, partner disputes, unfair administration and compliance in Spain. Alicante and Madrid.
Why this is different
Economic and corporate criminal proceedings all share the same requirement: technical complexity. An abundance of financial and corporate documentation, multiple parties under investigation, and a decisive weight given to expert and accounting evidence that rarely arises in other offences.
In these cases, every procedural decision has a direct bearing on the criminal liability of individuals and legal entities. A wrong strategy at the investigation stage —or a premature statement— can affect the outcome in an irreversible way.
That is why we act with an integrated approach: exhaustive analysis of the case from its earliest stages, a real understanding of the business environment and procedural anticipation. We do not improvise a defence; we design it around the specific proceedings and the particular economic context.
What we defend
Defence and private prosecution in the most significant offences in economic criminal law, with their precise basis in the Spanish Criminal Code.
Sufficient deception, a mistaken belief on the part of the victim, an act of disposal and financial loss. Includes fraud on the court, computer fraud and complex financial frauds.
A person with powers to manage another’s assets who exceeds them and causes loss. The core of corporate and management disputes.
Misappropriation of money, instruments or property received on deposit, on commission or under management with an obligation to deliver or return it.
Defrauding the public revenue of more than €120.000. The aggravated form (305 bis) applies from €600.000.
Acquiring, converting or transferring assets originating in criminal activity. Structured, long-running investigations.
Falsifying accounts, abusive resolutions, imposing fictitious majorities and conduct harmful to shareholders or third parties.
Fraudulent conveyance of assets and conduct concealing or disposing of assets to the detriment of creditors, including in insolvency proceedings.
Criminal charges against the company. An effective compliance programme may operate as a full or partial defence.
Bribery between private parties, improper payments and unfair conduct in business and procurement.
Sentencing framework
A quick reference to the applicable sentencing framework. The actual penalty depends on the amount involved, the aggravating factors and the procedural stage.
| Offence | Provision | Sentencing range | Key aggravating factor |
|---|---|---|---|
| FraudBasic and aggravated forms | 248–251 | 6 months – 6 years | Amount, abuse of relationships, multiple victims |
| Breach of fiduciary duty in management | 252 | 6 months – 6 years | Particular seriousness of the loss |
| Misappropriation | 253 | 6 months – 6 years | Amount and nature of the asset |
| Tax fraud | 305 / 305 bis | 1 – 6 years + fine | Amount > €600.000 · organised structure |
| Money laundering | 301 | 6 months – 6 years + fine | Proceeds of drug trafficking or corruption |
| Company law offences | 290–297 | 1 – 3 years + fine | Serious financial loss |
| Criminal insolvency / fraudulent conveyance | 257–259 | 1 – 4 years + fine | Insolvency proceedings under way |
| Legal entity | 31 bis | Fine · suspension · dissolution | Absence of a compliance programme |
Indicative sentencing ranges under the Spanish Criminal Code in force. They do not constitute legal advice; the correct classification and the penalty require an individual analysis of each case.
What sets us apart
Evidence in an economic crime case is, increasingly, digital and financial evidence: traceability of funds, accounting records, electronic communications, crypto-assets. A defence that ignores that technical dimension comes too late.
That is why we apply LIWARD —Legal Intelligence Warfare for Defense—, our own methodology combining legal intelligence, case-law analytics, financial and accounting analysis and e-forensics into a single procedural strategy. It is what sets us apart from conventional criminal defence.
Mapping of the proceedings, case-law analysis and early detection of evidentiary weaknesses.
Reconstruction of financial flows and expert examination of the documents that support —or dismantle— the prosecution case.
Chain of custody, admissibility of electronic evidence and traceability of crypto-assets with expert rigour.
Precise decisions at every stage, from the first questioning to the cassation appeal, grounded in risk analysis.
How we work
Immediate 24/7 assistance, preparation of the statement and control of precautionary measures from the very first step.
Examination of the case file, financial and digital expert analysis, and identification of the theory of the case.
Design of the defence or prosecution case, submission of evidence and presentation of expert evidence.
Defence at trial and, where appropriate, appeals, cassation and constitutional appeals.
Who we represent
Legal entities under investigation or suffering loss: management of corporate criminal risk, compliance programmes and defence of the entity.
Personal liability for management decisions: breach of fiduciary duty, company law, tax and insolvency offences.
Technical defence from the investigation stage, with particular attention to the critical moment of the first statement.
Quantification of loss, asset recovery and rigorous conduct of the prosecution.
Articles 290 and following of the Criminal Code protect the proper functioning of companies and the interests of shareholders, creditors and third parties. The principal offences include the falsification of annual accounts and other company documents (article 290), abusive decisions by the majority or by the directors to the detriment of shareholders (articles 291 and 292), and the obstruction of shareholders’ rights and of the supervisory bodies (articles 293 and 294).
These matters typically arise out of company disputes, where the line between hard commercial conduct and a criminal offence is genuinely contested.
Closely related are the offences of unfair administration under article 252 and misappropriation under article 253, which are frequent in company conflicts, together with fraud where third parties are deceived. The correct characterisation of the conduct is often the central question.
The defence concentrates on the reality of the decisions challenged, on the corporate authority under which they were taken, and on the boundary between a legitimate business judgment and a criminal act.
A company may itself be criminally liable under article 31 bis where an offence is committed for its benefit by those who act on its behalf. The existence and effectiveness of a compliance and prevention model is decisive, both in excluding and in mitigating that liability.
We assess the company’s compliance framework and its response to the facts, since a serious and well-implemented programme can change the company’s position materially.
We act for directors, shareholders and companies, whether as private prosecutor or in defence, analysing the accounting and corporate documentation and the real scope of the decisions in question.
We coordinate the criminal aspects with the underlying commercial dispute, because in these cases the two are usually inseparable and a strategy that ignores one will fail in the other.
Go deeper
Société de Conseil Juridique et Expert
An early conversation can change the course of the entire case. Let us talk before the proceedings decide for you.
The key is deception or abuse: not paying is not a criminal offence; deceiving someone in order to be paid, or stripping assets so as not to pay, may well be. That boundary is argued case by case and lies at the heart of many defences.
Yes. The criminal liability of the legal entity (art. 31 bis CP) is autonomous: with an effective compliance programme and active cooperation, the company may be exempt or have its penalty reduced even if an individual is convicted.
These investigations are frequently declared complex: 2 to 5 years before trial is not unusual. The mitigating factor of undue delay and a strategy on time limits form part of the defence.
Do not sign or say anything without specialist criminal counsel: whatever is produced in the administrative procedure will shape the criminal case. This is the moment to assess regularisation and to prepare the documentary defence.
Within economic crime, the most frequent offence, and the one that creates the most risk for a manager, is breach of fiduciary duty in management: it does not require misappropriating anything; it is enough to exceed one’s powers and cause loss.
For companies: internal employee fraud, trade secrets, internal investigations and searches of company premises.
Société de Conseil Juridique et Expert es un despacho de abogados con sedes en Madrid, Alicante, Londres y París, especializado en defensa y acusación penal, delitos económicos y corporativos y derecho tecnológico. Trabajamos con orientación estratégica en procedimientos penales complejos, propiedad intelectual y análisis forense avanzado, y prestamos consultoría jurídica, compliance y escudos de protección a particulares y empresas. Atendemos desde Alicante y Madrid, con consulta online en toda España y asistencia al detenido 24 horas. Resuelva sus dudas en las preguntas frecuentes o solicite una primera consulta.
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