Criminal Lawyers for Unfair Asset Management
Defense against charges of unfaithful or negligent management of others' assets.
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Unfair asset management (administración desleal, Article 252 Criminal Code) punishes anyone who, having been entrusted with the management of another's assets, acts in violation of their duties and causes economic harm to the asset owner. It targets breaches of fiduciary duty by administrators, trustees, fund managers, and anyone with authority over third-party assets.
Key Elements
The crime requires: (1) a duty to manage third-party assets (arising from contract, court order, or legal obligation); (2) an act exceeding the powers granted or violating the duties imposed; (3) resulting economic harm to the asset owner; and (4) intent or recklessness (mere bad judgment or failed investments are insufficient). Penalties range from 6 months to 3 years imprisonment or a fine.
Defense Strategies
Our defense focuses on: proving the management decisions were within authorized powers and consistent with the mandate; applying the Business Judgment Rule (honest, informed business decisions that turned out badly are not crimes); demonstrating that losses resulted from market conditions rather than management misconduct; establishing the client acted on professional advice (legal, financial, accounting experts); and challenging the damage calculation presented by the prosecution.
Corporate Crimes in Spain: Director Liability and Shareholder Protection (Arts. 290-297 CP)
Corporate crimes (delitos societarios) are a specific category of economic offenses that protect the proper functioning of commercial companies and the rights of their shareholders. Regulated in Articles 290 to 297 of the Spanish Criminal Code, they encompass offenses ranging from false accounting to abuse of majority power and obstruction of regulatory inspections. These are crimes that can only be committed by company directors or partners in their corporate capacity.
Penalty Overview: Corporate Offenses
| Offense | Article | Penalty |
|---|---|---|
| False Accounts | Art. 290 CP | 1 – 3 years + fine |
| Abusive Agreements | Art. 291 CP | 6 months – 3 years |
| Harmful Agreements | Art. 292 CP | 6 months – 3 years |
| Denial of Rights | Art. 293 CP | 6 months – 3 years |
| Obstruction of Inspection | Art. 294 CP | Fine 12-24 months + disqualification |
| Unfair Administration | Art. 252 CP | 1 – 6 years |
Key Defense Strategies
Business Judgment Rule
Demonstrate that the director's decision was made within reasonable business parameters, with adequate information, and in good faith — even if the outcome was unfavorable.
Absence of Economic Harm
Corporate crimes under Arts. 290-295 require actual financial damage to the company or its shareholders. If harm was speculative or non-existent, the offense is not complete.
Shareholder Consent / Ratification
If the general meeting ratified the director's actions or all shareholders consented, certain corporate offenses may lack the required element of acting against corporate interest.
Statute of Limitations
Corporate crimes carry relatively short prescription periods (5 years). Complex corporate investigations often exceed these timeframes, providing a strong procedural defense.
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