Expert lawyers in corporate crimes in Barcelona

Corporate crimes are regulated in Chapter XIII of Title XIII of the Criminal Code. As lawyers specializing in corporate crimes in Barcelona , we must emphasize that these crimes encompass behavior that threatens the interests of a company or its shareholders.

The crime of falsification of corporate documents is regulated in Article 290 of the Penal Code and is a crime that penalizes company directors who falsify annual accounts or other documents that reflect the company’s legal or financial situation.

This type of falsehood is only punishable if it is capable of causing economic harm to the company, its partners or third parties.

The penalty for this type of crime is one to three years in prison and a fine of six to twelve months. These penalties are imposed in the upper half if harm is actually caused.

The crime of imposing abusive agreements punishes individuals who, acting for profit and taking advantage of their majority position on the board of shareholders or the governing body of a company, impose abusive agreements to the detriment of the other shareholders.

For these acts to constitute a crime, the agreement must not generate any benefit for the company. Thus, in cases where the agreement is beneficial to the company, despite being detrimental to some of the partners, the acts will not be punishable by criminal law.

In this case, a prison sentence of 6 months to 3 years or a fine of one to three times the profit obtained is imposed.

Article 292 of the Criminal Code punishes persons who impose or take advantage of a harmful agreement adopted by a fictitious majority, to the detriment of the company or any of its partners.

As lawyers specializing in corporate crimes, we can affirm that, for these acts to constitute a crime, the harmful agreement must be obtained through the abuse of a blank signature, through the improper attribution of voting rights to someone who lacks them, through the unlawful denial of voting rights to someone who has them, or through any other similar means.

In this case, the penalty is imprisonment from 6 months to 3 years or a fine of one to three times the benefit obtained.

Article 293 of the Criminal Code penalizes company directors who deny or impede a shareholder from exercising their rights. Specifically, the right to information, the right to participate in the management or control of corporate activities, or the right to preferential subscription of shares.

The acts only constitute a crime if the directors act without legal cause that would allow them to deny these rights to the shareholder. Thus, the denial or impediment of a shareholder’s rights will be criminal when the directors fail to allege any cause, when they allege a legally nonexistent cause, or when the alleged cause is abusive.

These acts are punishable by a fine of 6 to 12 months.

Finally, Article 294 of the Criminal Code penalizes the directors of a company that is subject to or operates in markets subject to administrative supervision, who deny or impede the actions of inspecting or supervising persons and bodies.

In this case, the applicable penalty is imprisonment of 6 months to 3 years or a fine of 12 to 24 months.

Corporate crimes can only be prosecuted upon complaint by the injured party. However, a complaint is not required in cases where the crime affects the general interest or a number of people.

As attorneys specializing in criminal law, our goal is to guarantee excellent criminal defense for all our clients. In these types of crimes, it is very important to have the specialized defense of an attorney specializing in corporate crimes in Barcelona . Therefore, if you are facing a problem related to any of the situations described, do not hesitate to call us and discuss your case with us.