Do you need a procedural lawyer in Spain?
Are you acting as a de facto or de jure director of a company operating in Spanish territory or a Spanish company?
Do you believe that you have suffered an injury to your property or rights as a result of a criminal act committed by a Spanish company?
Along the following lines, the procedural lawyers of our office in Spain point out the possibility that a company acts in a criminal way and can be punished as criminally responsible for the commission of such acts.
For any matter of a criminal nature do not hesitate to contact one of the procedural lawyers in Spain of our law firm in Marbella
The primitive regulation established in the 1995 Criminal Code included the impossibility for a legal person to be an active subject in a criminal act, embracing the aphorism socitas delinquere non potes.
The way established until 2010 to prosecute the commission of a criminal act implemented through a legal person was limited to the derivation of the responsibility of the commission of the criminal act through the administrators de jure or de facto of the legal person, whose normative recognition is found in article 31 of the criminal code which provides that “whoever acts as de facto or de iure administrator of a legal person or in the name or legal or voluntary representation of another, shall be personally liable, even if the conditions, qualities or relations that the corresponding figure of the crime or misdemeanour requires to be the active subject thereof do not concur, if such circumstances occur in the entity or person in whose name or on whose behalf it is performed“.
This regulation made necessary to act against the administrator of the Spanish company de iure, leaving the company itself safe from the need to carry out activities for unjust enrichment or any other means of safeguarding the civil action derived from the crime.
Welex, your procedural lawyer in Spain
It is by means of the organic law 5/2010 of June 22, by which the limitation established to date regarding the exercise of actions to the criminal responsibility of the legal persons is surpassed, introducing a deep modification in the criminal code of 1995 in order to make possible the action against the legal person as criminally responsible. This legislative amendment also allows for the establishment of a punitive system consisting of fines and measures that may even include the dissolution of the company itself, without prejudice to the liability of those who, as de facto or de jure directors, may have intervened by action or omission in the commission of the offence.
Our system also includes the obligation to establish mechanisms for the control and prevention of the commission of criminal acts through the corporate structure, reducing the responsibility of the latter or mitigating it, depending on the case.
Our procedural lawyers in Spain can assist you both in demanding criminal liability from the legal person and/or the de facto or de iure administrator, and in filing complaints or lawsuits to demand criminal liability from the former.
Do not hesitate to contact one of the procedural lawyers in Spain of our firm Welex, lawyers and economists in Spain.