Private Corruption in Business in Spain (Art. 286 bis CP) (2026)

Article 286 bis of the Spanish Criminal Code governs corruption in business, also called private corruption. It punishes bribery in the private sphere, outside the public administration. As economic crime lawyers, we explain its content.

What Article 286 bis Says

This offence is committed by the executive, director, employee or collaborator of a company who receives, solicits or accepts an unjustified benefit or advantage to unduly favour another in the purchase or sale of goods, or in the contracting of services or commercial relations.

The Two Sides of the Offence

As with bribery, corruption in business has two sides: liability falls on both the person who receives or solicits the benefit (passive corruption) and the person who offers or grants it (active corruption).

Penalties

The offence is punished with prison of 6 months to 4 years, special disqualification from exercising industry or commerce, and a fine. The penalty is set having regard to the gravity of the act, the value of the benefit and the effects on the market.

Defence Strategies

1. Justification of the benefit: the incentive answered to a lawful, transparent commercial practice.
2. No undue favouring: the decision followed objective criteria.
3. Atypicality of commercial courtesies with no real capacity to corrupt.
4. The company's compliance programme as a defence for the legal person.