BEWARE OF THE CRIME OF CORRUPTION IN BUSINESS IN SPAIN

08 Apr BEWARE OF THE CRIME OF CORRUPTION IN BUSINESS IN SPAIN

It is punishable as a crime of corruption in business the mere acceptance of the offer or promise to obtain an unjustified benefit or advantage in exchange for unduly favouring another one in the acquisition or sale of goods, or in the hiring of services or in the trade relations.

The crime of corruption in business punishes with the penalty of imprisonment of 6 months to 4 years, special disqualification for the exercise of industry or trade for time of 1 to 6 years and fine of the value of the benefit or advantage obtained, the manager, administrator, employee or collaborator of a mercantile undertaking or of a company which, by itself or by an interposer, receives, requests or accepts an unjustified benefit or advantage of any nature, for himself or for a third party, as consideration for unduly favouring another one in the acquisition or sale of goods, or in the hiring of services or in commercial relations. The reform of the Spanish Penal Code operated by the LO 1/2019 extends the scope of this crime, punishing not only for receiving, soliciting or accepting an unjustified benefit or advantage, but also for the mere acceptance of the offer or promise to obtain it.

A legal person may also commit this offence, in which case:

a) A Fine of 2 to 5 years shall be imposed, from triple to fivefold of the benefit obtained or which could have been obtained if the resulting amount were higher, when the crime committed by the Physical person is expected to have a penalty of more than 2 years of deprivation of liberty.

b) Fine of 6 months to 2 years, or of both the double of the benefit obtained or that could have been obtained if the resulting amount were higher, in the rest of the cases. And if the judge or court so considers, the interdictive penalties collected in Spanish Penal Code art. 33.7. b) to G. This Novelty comes into force from 13-3-2019[:]