Article 286 bis Spanish Criminal Code: Bribery in the private sector

1. The director, administrator, employee or collaborator of a commercial undertaking or of a company who, personally or through an intermediary, receives, requests or accepts an unjustified benefit or advantage of any nature, or an offer or promise of obtaining one, for that person or for a third party, as consideration for unduly favouring another in the acquisition or sale of goods, or in the contracting of services or in commercial relations, shall be punished with imprisonment of six months to four years, special disqualification from the exercise of an industry or business for a term of one to six years and a fine of the amount of the benefit or advantage up to three times that amount.

2. The same penalties shall be imposed on whoever, personally or through an intermediary, promises, offers or grants to directors, administrators, employees or collaborators of a commercial undertaking or of a company an unjustified benefit or advantage, of any nature, for them or for third parties, as consideration for unduly favouring that person or a third party over others in the acquisition or sale of goods, the contracting of services or in commercial relations.

3. Judges and courts may, having regard to the amount of the benefit or to the value of the advantage, and to the significance of the functions of the offender, impose the penalty of the next lower degree and reduce the fine according to their prudent discretion.

4. The provisions of this article shall be applicable, in their respective cases, to the directors, administrators, employees or collaborators of a sporting entity, whatever its legal form, as well as to sportspersons, referees or judges, in respect of that conduct whose purpose is deliberately and fraudulently to predetermine or alter the result of a sporting test, match or competition of special economic or sporting significance.

For these purposes, a sporting competition of special economic significance shall be taken to be one in which the majority of the participants receive any kind of remuneration, compensation or economic income for their participation in the activity; and a sporting competition of special sporting significance, one which is classified in the annual sporting calendar approved by the corresponding sporting federation as the official competition of the highest category of the modality, speciality or discipline in question.

5. For the purposes of this article the provisions of Article 297 are applicable.

Working translation prepared by Société Juridique from the consolidated Spanish text published by the Official State Gazette. It has no official status: the only authoritative version is the Spanish original, available at the Official State Gazette and reproduced verbatim in our Spanish-language entry for this provision. Source: Organic Law 10/1995 of 23 November, the Spanish Criminal Code.