D&O Criminal Defense: Directors and Officers
Specialized criminal defense of directors and officers with D&O coverage. Insurer coordination, conflict of interest management with company and integral strategy.
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D&O Coverage in Criminal Proceedings
Directors & Officers (D&O) policies offer coverage of defense costs, civil compensations and, occasionally, bails and insurable fines derived from proceedings against director or officer for exercising the position. In Spain, large companies and most listed have D&O policies with coverages between €5M and €100M per claim.
Immediate Insurance Activation
We work with an immediate-activation protocol: policy and particular condition review; formal claim notification to insurer (summons, complaint, request); prior acceptance request for fees and defense measures; coordination with claim manager at insurer; tracking of each expense acceptance.
Conflict of Interest
In proceedings against directors for offenses committed in exercising the position, very frequently company is also investigated (under Art. 31 bis CP) and its interests don't coincide with director's. Company may have incentive to attribute individual responsibility to director to activate 31 bis exemption.
Coordinated vs Separate Defense
Case-by-case analysis determines whether coordinated defense (when no conflict) or separate defense (when conflict exists). When separate, we maintain communication channels with corporate counsel to avoid contradictions but defend exclusively individual client.
Insurer Negotiation
D&O insurers tend to apply restrictive policies: partial fee acceptances, exclusion of certain expenses, intervention in lawyer selection. We negotiate each extreme and, when necessary, judicialize coverage through civil route against insurer.
Penalty Chart
| Type / Scenario | Criminal Penalty |
|---|---|
| Individual director liability | Custodial sentence, fine and specific position disqualification. |
| D&O-covered civil liability | Insurable civil compensations per policy, without prejudice to intent exclusions. |
| Criminal fines exclusion | Criminal fines in strict sense usually excluded from D&O coverage. |
* Penalties shown are indicative. The actual penalty depends on case circumstances, applicable mitigating and aggravating factors.
Our Defense Strategy
Initial policy audit
Exhaustive analysis of coverage, exclusions, deductible and notification procedure.
Insurer communication plan
Communication calendar, expense acceptances and rights reservations.
Coordinated or separate strategy
Informed decision on coordinated or independent defense convenience.
Civil claim if insurer rejects
Civil procedure against insurer when improperly rejects coverage.
Why Choose Us?
Need a criminal defense lawyer for this type of offense? Here's how we work:
Do you need specialised legal assistance?
The judicial system is complex. We have the criminal-law specialisation and technical resources required to take on the defence.