Private Corruption in Business in Spain (Art. 286 bis CP) (2026)
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listIn this article
lightbulbKey Takeaways
- check_circleCorruption in the private sphere, between companies
- check_circleBoth the receiver and the offeror are liable
- check_circlePrison of 6 months to 4 years
- check_circleDistinct from the bribery of a public official
Quick answer
Art. 286 bis CP punishes corruption in business (or private corruption): bribery in the private sphere, outside the public administration. Liability falls both on the executive, director, employee or collaborator of a company who receives, solicits or accepts an unjustified benefit or advantage to unduly favour another in contracting or commercial relations (passive corruption), and on whoever offers, promises or grants it (active corruption). The penalty is 6 months to 4 years' imprisonment, special disqualification from industry or commerce for 1 to 6 years, and a fine of one to three times the value of the benefit.
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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.
Difference from bribery
Bribery (Art. 419) is the corruption affecting a public official or office. Corruption in business operates in the strictly private sphere, between companies.
Defence Strategies
- Justification of the benefit: the incentive answered to a lawful, transparent commercial practice.
- No undue favouring: the decision followed objective criteria.
- Atypicality of commercial courtesies with no real capacity to corrupt.
- The company's compliance programme as a defence for the legal person.
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Frequently asked questions
What does Article 286 bis CP punish?expand_more
Corruption in business (private corruption) — bribery occurring entirely within the private sector, outside the public administration, where an executive, director, employee or collaborator of a company receives, solicits or accepts an unjustified benefit to unduly favour someone in a commercial or contracting relationship.
Who can be held liable for private corruption?expand_more
Both sides of the transaction — the person who receives or solicits the benefit (passive corruption) and the person who offers, promises or grants it (active corruption).
What penalty does private corruption carry?expand_more
6 months to 4 years in prison, special disqualification from exercising industry or commerce for 1 to 6 years, and a fine of one to three times the value of the benefit.
How is private corruption different from bribery of a public official?expand_more
Bribery under Art. 419 CP involves a public official or public office; corruption in business operates entirely in the private sphere, typically between companies, with no public authority involved.
Can a normal business incentive or commercial courtesy be mistaken for corruption?expand_more
The defence often turns on this distinction — a lawful, transparent commercial practice or a courtesy with no real capacity to influence a business decision is not the same as an unjustified benefit intended to unduly favour one party.
Can a company's compliance programme help in a private corruption case?expand_more
Yes — an effective compliance programme can serve as a defence for the legal person itself and can also help demonstrate that any wrongdoing by an individual employee was contrary to, rather than enabled by, the company's own controls.
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