Article 424 Spanish Criminal Code: Active bribery

Article 424 punishes the private individual who offers or gives a gift or other reward to a public authority or official, with the same penalties of imprisonment and fine as those imposed upon the corrupted official, and adds disqualification where public procurement or subsidies are involved.

Also cited as: article 424 Spanish Criminal Code · art. 424 CP · Spanish Penal Code article 424 · artículo 424 del Código Penal.

Wording of Article 424 of the Spanish Criminal Code

Elements of the offence

1. The status of a private individual, which excludes public officials acting in that capacity.
2. An offer or the giving of a gift or reward of any kind, whether direct or through an intermediary.
3. A relationship with an act contrary to the duties of the office, with an act proper to the office, with an omission or delay, or with the office or function itself.
4. In the case of paragraph 3, a connection with a procedure of procurement, of subsidies or of auctions.

Defence strategy

Absence of a relationship of consideration. The offence requires a link between the benefit and the official action. Institutional hospitality, sponsorship and gifts of a social nature which are documented and of moderate value lack that link, and the case law excludes conduct which is merely socially adequate.

Bribery in response to a request. Paragraph 2 covers the individual who yields to a request from the official. Establishing the initiative of the official, and the pressure exerted, is relevant both to the classification and to the mitigating circumstances available.

Position of the legal person. Paragraph 3 extends the disqualification to the company represented, and the offence also triggers the liability of legal persons. Documenting the compliance programme addresses that exposure separately from the defence of the individual.

Delimitation of the act sought. The penalty is that of the official, which varies between Articles 419 and 422 according to whether the act was contrary to duty, proper to the office or merely in consideration of it. Establishing which of the three is in issue determines the whole penalty frame.

• Article 419 CP: bribery of public officials
• Article 286 bis CP: bribery in the private sector
• Corruption offences in Spain
• Criminal compliance in Spain

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.