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Economic Crimes Attorney | White Collar Criminal Defense ...
abogado penalista en Madrid

ECONOMIC CRIMES ATTORNEY IN MADRID

Criminal defense law firm in Madrid specializing in economic crimes, financial crimes and crimes against property. Legal defense from the first moment of the proceedings.

Abogado de delitos económicos en Madrid

ATTORNEYS SPECIALIZED IN ECONOMIC CRIMINAL LAW IN MADRID

Economic crimes are offenses that threaten property or the socioeconomic order. These include crimes such as fraud, embezzlement, misappropriation or money laundering.

This type of crime not only affects the reputation of a person or company, but can also involve prison sentences, very high fines and serious financial consequences.

For this reason, if you face an investigation or a complaint, it is essential to have a criminal defense attorney in Madrid specialized in economic crimes, capable of analyzing the proceedings from the first moment and designing a solid defense strategy.

At our law firm in Madrid, we work on complex Economic Criminal Law proceedings, advising entrepreneurs, executives and individuals. We handle all types of financial crimes, crimes against property and the socioeconomic order, as well as infractions linked to business and corporate activity.

Our objective is clear: to protect your presumption of innocence and your assets from the start of the criminal proceedings.

Law firm in Madrid specialized in Economic Criminal Law

Legal defense in complex proceedings

Economic Criminal Law is a branch of Criminal Law that regulates and sanctions criminal conduct committed in the business, financial or corporate sphere. Its purpose is to protect essential legal rights such as market security, confidence in economic transactions, fair competition and consumer rights.

When a company or professional becomes involved in an investigation for economic crimes, the legal strategy must be approached with technical rigor and deep knowledge of the criminal process. At our law firm in Madrid, we analyze each case individually, designing a strategic defense adapted to the client’s specific situation.

Criminal liability of legal entities

Since the reform of the Criminal Code through LO 5/2010, legal entities can be criminally liable for certain economic crimes committed in their name or on their behalf. This means that a company can face criminal sanctions such as fines, dissolution, suspension of activities or disqualification from obtaining subsidies.

The existence of an adequate criminal compliance program can act as an exempting or mitigating factor for corporate criminal liability. We advise companies and their management bodies both in the prevention of criminal risks and in corporate criminal defense once proceedings have begun.

Juzgados de Madrid abogado delitos económicos

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Criminal defense attorney in Madrid expert in economic crimes

Within the scope of Economic Criminal Law there are multiple criminal offenses. Our firm acts in proceedings related to:

FRAUD ATTORNEY

The crime of fraud is regulated in article 248 and following of the Criminal Code. It is committed when someone uses deception to obtain an economic benefit, causing harm to a third party.

The penalty for fraud varies according to the amount:

  • From 6 months to 3 years when the amount exceeds €400.
  • Up to 6 years in prison if the defrauded value exceeds €50,000.

In practice, many fraud proceedings arise in the context of commercial or corporate relationships. Fraud between partners and corporate fraud are cases that require detailed analysis of commercial documentation and corporate structure to build an effective defense.

Have you been accused of fraud? Having an attorney expert in fraud can make the difference. Contact us now.

BREACH OF FIDUCIARY DUTY ATTORNEY

The crime of breach of fiduciary duty is regulated in article 252 of the Criminal Code. It occurs when an administrator or manager of third-party assets exceeds legal or contractual limits, causing economic harm to the asset owner or third parties.

Have you been accused of breach of fiduciary duty? As an expert attorney in breach of fiduciary duty, I analyze every detail of your case to design a strategic defense. Contact me now.

PUNISHABLE INSOLVENCY ATTORNEY

The crime of punishable insolvency is regulated in article 259 of the Criminal Code. It refers to fraudulent management of assets to harm creditors.

The penalty ranges from 1 to 4 years imprisonment, which can reach up to 6 years when it affects a large number of creditors or uses fraudulent means of special complexity.

Have you been reported for punishable insolvency? An expert attorney in punishable insolvency can analyze your situation. Contact us today.

CORPORATE CRIMES ATTORNEY

Corporate crimes are regulated in articles 290 to 297 of the Criminal Code. The most common conducts include falsification of annual accounts (art. 290 CP), imposition of abusive agreements by the majority to the detriment of minority shareholders (art. 291 CP), denial of the right to information or attendance at meetings (art. 293 CP) and obstruction of the work of supervisory bodies (art. 294 CP).

Penalties for corporate crimes can reach up to 3 years imprisonment and fines.

Have you been reported for a corporate crime? As a specialist attorney in corporate crimes, I analyze commercial documentation and meeting minutes to identify the strongest defense lines. Contact me now.

ROBBERY ATTORNEY

The crime of robbery is regulated in article 238 of the Criminal Code and punishes conduct where someone steals another’s property using violence or intimidation against persons or force against things.

The penalty for robbery will be 1 to 3 years imprisonment, which may be aggravated up to 5 years when the aggravating circumstances of article 235 of the Criminal Code are present.

Have you been accused of robbery? An expert attorney in robbery will analyze the evidence and establish an optimal strategy to fight for your rights.

DOCUMENT FORGERY CRIMES ATTORNEYS

The crime of document forgery is regulated in articles 390 to 394 of the Criminal Code and occurs when a public, official or private document is altered or manipulated with the objective of causing harm or undue benefit.

Penalties for document forgery:

  • In public or official documents: 3 to 6 years imprisonment and fine of 6 to 24 months.
  • In private documents: 6 months to 2 years imprisonment.

Have you been accused of document forgery? An expert attorney in document forgery crimes will analyze your case to ensure a solid defense. Contact us now.

EMBEZZLEMENT CRIMES ATTORNEYS

Embezzlement, regulated in article 432 of the Criminal Code, occurs when a public authority or official uses public funds or assets for private use.

Penalties: 2 to 6 years imprisonment and fine equal to one to three times the damage caused. Absolute disqualification for up to 20 years.

Are you being investigated for embezzlement? An expert attorney in embezzlement crimes is key for an effective defense. Consult with us.

CORRUPTION BETWEEN PRIVATE PARTIES CRIMES ATTORNEY

The crime of corruption between private parties is regulated in article 286 bis of the Criminal Code. It occurs when, in the business or professional sphere, someone offers, solicits or accepts undue benefits with the objective of unfairly favoring a third party.

Penalties: imprisonment from 6 months to 4 years and special disqualification for the exercise of industry or commerce from 1 to 6 years.

Have you been reported for corruption between private parties? We thoroughly analyze your case and design a solid legal defense. Contact us today.

ATTORNEY FOR EMBEZZLEMENT

The crime of misappropriation is regulated in article 253 of the Criminal Code. This crime occurs when a person who has another’s property under their custody decides to appropriate it, breaking the trust placed in them.

Penalties vary according to the value of what was misappropriated:

  • 6 months to 3 years imprisonment for amounts exceeding €400.
  • Up to 6 years if the harm is serious or affects many people.

Have you been reported for a crime of misappropriation? Having an expert attorney in misappropriation will help you prepare a solid defense. Contact us today.

ATTORNEY FOR MONEY LAUNDERING

The money laundering offense is regulated in article 301 of the Criminal Code. Money laundering consists of introducing money from criminal activities into the legal economy.

Penalties for money laundering:

  • 6 months to 6 years for those who acquire, possess or transfer money from criminal activity.
  • Up to 6 years if the money comes from drug trafficking, embezzlement or fraud.
  • 6 to 9 years for leaders or administrators of organizations dedicated to money laundering.
  • Money mules can be sentenced to 6 months to 2 years for negligent money laundering.

Money laundering is one of the most technically complex economic crimes, with frequent intervention by the Anti-Corruption Prosecutor’s Office and UDEF. As a specialist attorney in money laundering, I analyze the traceability of funds and weaknesses in the prosecution’s case.

Have you been accused of money laundering? Contact us for legal advice.

ATTORNEY FOR FRAUDULENT CONVEYANCE

The fraudulent conveyance offense is regulated in article 257 of the Criminal Code. Fraudulent conveyance consists of performing an act of asset disposition that delays, hinders or prevents the effective collection of a debt or execution.

The penalty for fraudulent conveyance is 1 to 4 years imprisonment.

Have you been accused of fraudulent conveyance? An expert attorney in fraudulent conveyance can help you demonstrate that you had no fraudulent intent.

ATTORNEYS FOR THEFT

The theft offense is regulated in article 234 of the Criminal Code and consists of taking someone else’s property with intent to profit, without the owner’s consent, without violence or intimidation.

The penalty for theft will be assessed according to circumstances:

  • 6 to 18 months if the value exceeds €400.
  • Up to 3 years imprisonment if aggravating factors from article 235 of the Criminal Code apply.

Have you been accused of theft? As an expert attorney in theft cases, I can help you minimize the consequences. Contact me now and protect your future.

ATTORNEY FOR OFFENSES AGAINST WORKERS' RIGHTS

The offense against workers’ rights is regulated in articles 311 and following of the Criminal Code. It regulates conduct such as employing workers without contracts, under illegal conditions, or taking advantage of their necessity.

Penalties: 6 months to 6 years imprisonment and fines, depending on severity.

If you have been accused of violating labor rights, an expert attorney in offenses against workers’ rights can analyze your case and help you. Contact us today.

ATTORNEY FOR OFFENSES AGAINST THE TREASURY AND SOCIAL SECURITY

Offenses against the Treasury and Social Security are regulated in articles 305 to 310 of the Criminal Code. Tax fraud consists of defrauding taxes or Social Security contributions for an amount greater than €120,000.

The penalty for offenses against the Treasury will be 1 to 5 years imprisonment and a fine of six times the defrauded amount.

Within the scope of tax fraud, the case law is extensive: from concealing income and issuing false invoices to using shell companies to evade tax obligations.

Are you accused of defrauding the Treasury or Social Security? Trust an expert attorney in tax crimes. Contact us today.

ATTORNEY FOR BRIBERY OFFENSE

The bribery offense, also known as corruption, is regulated in articles 419 and 427 of the Criminal Code.

  • Passive bribery: public official solicits or accepts benefits. Penalty: 2 to 6 years and absolute disqualification for up to 12 years.
  • Active bribery: private party who offers or delivers the bribe. Penalty: 6 months to 3 years.
  • Improper bribery: official accepts gifts related to their position. Penalty: 1 to 2 years.

Have you been accused of bribery? As an expert attorney in bribery offenses, I analyze your case thoroughly. Contact us today.

What to do if you are accused of an economic crime?

Receiving a summons as a suspect in an economic crime creates a situation of uncertainty that affects both personal and professional levels. In these proceedings, acting quickly and with appropriate legal advice is crucial.

  • Do not testify without an attorney. You have the right to be assisted by a criminal defense attorney from the first statement. Everything you say can influence the rest of the proceedings.
  • Know your procedural status. Being investigated in the instruction phase is not the same as being accused with a provisional indictment. Each phase requires a different strategy.
  • Gather relevant documentation. In economic crimes, documentary evidence (contracts, invoices, bank movements, corporate minutes) is the basis on which both the prosecution and defense are built.
  • Evaluate all options. Depending on the case, it may be more convenient to prepare the defense for trial, negotiate a plea agreement that reduces the sentence, or request dismissal if the prosecution lacks sufficient basis.

Can I refuse to testify?

Yes. The right to remain silent and not to incriminate oneself is guaranteed by the Constitution. In economic crimes, testifying without precisely knowing the content of the investigation can be a serious mistake. A premature statement can establish a version that is difficult to nuance later and can condition the entire defense strategy. The important thing is not whether to speak or remain silent, but to correctly outline the strategy before doing so.

What documentation should I preserve?

In economic crimes, documentary evidence is the core of the investigation. It is essential to preserve:

  • Contracts, invoices and delivery notes related to the investigated operation.
  • Bank statements and account movements.
  • Emails and communications with the parties involved.
  • Meeting minutes and corporate documents.
  • Expert reports, audits or accounting opinions.

Do not destroy any document without prior legal advice: even the attempt to destroy evidence may constitute an additional crime of obstruction of justice.

What are the most common defense strategies?

Each case requires an individualized strategy. The most common defense strategies include:

  • Challenging the legality of investigative procedures (surveillance, searches, seizures).
  • Questioning the prosecution’s expert assessment with a technical counter-analysis.
  • Demonstrating the absence of intent (intention to defraud).
  • Proving that the conduct falls within ordinary business activity.
  • Requesting dismissal for lack of sufficient evidence.
  • Negotiating a plea agreement that minimizes consequences when the scenario warrants it.

Can companies also be convicted?

Yes. Since the Criminal Code reform of 2010 (LO 5/2010), legal entities can be criminally liable for certain economic crimes committed in their name or for their benefit. Sanctions for companies include very high fines, dissolution of the company, suspension of activities and disqualification from contracting with the Administration or receiving subsidies.

The existence of an effective criminal compliance program can act as an exempting or mitigating circumstance.

Is there a risk of pretrial detention?

In certain particularly serious economic crimes —such as money laundering, large-scale fraud or organized crime offenses— the court may order pretrial detention. To decree it, the judge must find evidence of criminality, flight risk, risk of repeat offenses or concealment of evidence.

Effectively opposing it requires acting quickly: proving personal, work and family ties, and preparing the legal arguments that justify provisional release.

If you face a complaint or need advice after being the victim of an economic crime, contact our attorneys specialized in economic crimes. We will evaluate your situation and design a customized legal strategy to defend your interests.

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