Article 286 bis of the Criminal Code
TÍTULO XIII — Delitos contra el patrimonio y contra el orden socioeconómico
Previous versions
History of reforms to this article, from oldest to most recent, as recorded in the BOE’s consolidated legislation.
In force from 23/12/2010 to 30/06/2015
In force from 01/07/2015 to 12/03/2019
Explanation and defense
What Article 286 bis of the Criminal Code punishes
Article 286 bis defines corruption in business, also known as private-sector bribery. It punishes both the passive conduct —a director, manager, employee or associate of a company who receives, requests or accepts an unjustified benefit or advantage as consideration for unduly favouring someone else in the purchase or sale of goods, the contracting of services or commercial dealings— and the active conduct of whoever offers, promises or grants that benefit.
Penalty
The penalty is six months to four years in prison, special disqualification from engaging in industry or commerce for one to six years, and a fine of one to three times the value of the benefit or advantage. Depending on the amount of the benefit and the significance of the offender's role, the court may impose the penalty one degree lower.
Sports corruption
Paragraph 4 extends the offence to directors, athletes, referees or judges of sports bodies for conduct aimed at deliberately and fraudulently predetermining or altering the result of a competition of special economic or sporting significance, which covers match-fixing.
Defense strategy
The key line for the defense is to distinguish a corrupt payment from legitimate business courtesies and, above all, from a mere breach of contract, which belongs to the civil or commercial sphere and does not automatically become a crime, as the case law linked below makes clear.
Case law discussed
A breach of contract does not, on its own, become a crime
This analysis discusses a ruling of the Criminal Chamber of the Spanish Supreme Court. You can see its summary and full citation on our case-law page.
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Orientative data computed from the highest prison term mentioned in this article. Aggravated or mitigated subtypes, non-custodial penalties and concurrence rules may alter the outcome in each specific case.
Highest prison term mentioned
4 years
Classification (arts. 13 & 33 CP)
Less serious offense
Limitation period (art. 131 CP)
5 years
Accused of an offense under article 286 bis?
Our team regularly defends those accused under intellectual property. Technical strategy aimed at dismissal or acquittal when legally viable.