AS
Bufete de abogados penalistas Alonso Sala
business_centerPractice Area

Business Corruption Defense

Criminal defense for companies and executives in private corruption and bribery crimes.

Corporate Integrity and Criminal Defense

Corruption Between Individuals: 'Private Bribery'

Business corruption (Art. 286 bis CP) penalizes promising, offering, or granting company executives/employees unjustified benefits to favor them over others in contracting goods/services. It's the private equivalent of public bribery.

Critical in high-competition sectors (construction, retail, pharma). We differentiate aggressive commercial practices or lawful brokerage commissions from criminal bribes, analyzing contract nature and sector customs.

Risks for Purchasing/Sales Directors

Both payer (active corruption) and receiver (passive corruption) commit the crime. We defend purchasing directors, agents, and managers accused of accepting kickbacks or gifts for awarding contracts. Often, accusations arise from internal audits or resentful competitor complaints.

We work to prove provider choice was based on objective criteria (quality, price), not personal benefit, dismantling the crime's causal link.

Sports Fraud

Article 286 bis 4 specifically punishes professional sports match-fixing. We defend athletes, club directors, and agents accused of predetermining results. High media impact cases where presumption of innocence is compromised early.

Our experience manages media pressure and attacks evidentiary weakness, often based on betting statistics or ambiguous wiretaps without direct payment proof.

"In private corruption, the red line is damage to competition. Proving that your company offered the best real deal is the best defense against bribery accusations."

Fraud Specialties

handshake
arrow_outward

Private Bribery

Defense against accusations of payments or gifts to executives/employees to obtain unfair competitive advantages.

sports_soccer
arrow_outward

Sports Corruption

Specialization in fraud related to professional sports match-fixing.

handshake

Why Alonso Sala in Corruption Crimes?

We combine technical criminal defense with deep knowledge of business and contractual dynamics, dismantling bribery existence with expert evidence.

  • checkDefense of executives in internal investigations and criminal proceedings.
  • checkExperience in sports fraud and match-fixing cases.
  • checkCollaboration with economic and technological experts.
  • checkAction protocols for surprise searches and inspections.
quiz

FAQs - Private Corruption

Is it a crime to pay commissions to get contracts?expand_more
Yes, if the payment is to an executive/employee of the other company to choose you unfairly over the competition. It is corruption between individuals.
What is the penalty for business corruption?expand_more
6 months to 4 years of prison, disqualification, and a fine of triple the benefit. It is a very serious crime for the company's reputation.
Is the company liable (Legal Person)?expand_more
Yes. It is one of the 'star' crimes of Compliance. If the company did not have controls to prevent bribes, it is criminally liable (million-dollar fines).
What is a courtesy gift?expand_more
The red line. Inviting to lunch or a reasonable Christmas gift is social usage. Giving luxury watches, trips, or bonuses is bribery.
What is sports corruption?expand_more
Paying to alter the result of a competition (match-fixing). Includes referees, players, coaches, and executives. Highly prosecuted by La Liga and the Prosecutor's Office.
Is it a crime to pay bonuses to win?expand_more
In Spain it is controversial. Paying to lose is definitely a crime (match-fixing). Paying to win (briefcases to third parties) is considered unsportsmanlike and sanctionable, and jurisprudence tends to view it as corruption.
Who is punished, the payer or the receiver?expand_more
Both. Active corruption (payer) and passive corruption (receiver). Both go to the dock.
What if my boss asks me to?expand_more
'Due obedience' is no excuse in manifest crimes. If you pay the bribe, you are responsible. You must report it through the Ethical Channel.
What is the crime of unfair administration in this?expand_more
They often go together. Using company money to pay bribes (without partners knowing) is also unfair administration.
How is a discrete bribe proven?expand_more
By unjustified money flows (fake invoices, non-existent consultancies), protected witnesses, and, increasingly, by internal emails and WhatsApps.
Does it expire?expand_more
Normally after 5 years. But be careful with continued criminal activity.
What is the National Markets and Competition Commission?expand_more
The CNMC imposes giant administrative fines. But if it sees a crime, it passes it to the Prosecutor. A cartel can end up in a criminal process.
Does it affect subsidies?expand_more
If one bribes to obtain public subsidies, we move to the crime of Bribery (officials) or Subsidy Fraud, even more serious.
What is a 'facilitator'?expand_more
The intermediary or fixer who charges to 'open doors'. If their job is to pay kickbacks, they are a necessary cooperator in the crime.
Can an executive go to jail?expand_more
Yes. Even if the company pays a fine, the executive who ordered or allowed the bribe faces effective prison.
What is whistleblowing?expand_more
Internal reporting. If an employee reports the bribe through the ethical channel, the company must protect them from retaliation (Law 2/2023).
Is it a crime to accept a future job (revolving door)?expand_more
If accepted as 'payment' for a current unfair favor (promise of benefit), yes, it is corruption, even if the contract is signed later.
What about international commissions?expand_more
The crime of corruption in international commercial transactions punishes bribing foreign officials/businesspeople. Spain prosecutes it universally.
Can I be disqualified?expand_more
Yes. The conviction prevents exercising industry or commerce for the time of the conviction. It is the end of the professional career.
How does a Compliance program help?expand_more
It is the only salvation for the company. If it proves it had an effective prevention model and the executive bypassed it fraudulently, the company is exempted.

Need Immediate and Expert Legal Assistance?

The judicial system is complex and can be relentless. Do not face it alone. We have the experience, technical knowledge, and human resources necessary to fight for you. Contact us today to schedule a confidential consultation and start building your defense.

Contact Alonso Sala

We use cookies to improve your experience. By continuing to browse, you accept our privacy policy.