Criminal liability of legal persons 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 think that you have suffered an injury to your property and rights as a result of a criminal act committed by a Spanish company? Along the following lines, the procedure lawyers based in 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. 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.
Until 2010, the process established to prosecute the commission of a criminal act implemented through a legal person was limited to the derivation of the responsibility regarding the commission of the criminal act through the de jure administrator of said legal person, whose normative recognition is found in Article 31 of the Criminal Code, which provided that «whoever acts as de facto or de jure 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 was made necessary to act against the administrator of the Spanish company, leaving the company itself safe from the need to carry out activities for unjust enrichment or any other means to safeguard the civil action derived from the crime.