Victim Asset Recovery
Specialized asset recovery service for fraud, scam or patrimonial offense victims. Precautionary measures, forfeiture, ex delicto civil execution and international cooperation.
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Recovery Strategy
Asset recovery is race against time. In first 24-72 hours after offense becomes known, responsible usually attempts to hide or transfer assets. Our methodology activates simultaneously: urgent complaint with real precautionary measure request, patrimonial location through OSINT and financial intelligence, orders to banking entities, and when applicable, wallet freezing on exchanges.
Real Precautionary Measures
- Preventive seizure: On movable property, real estate, vehicles and credit rights identified.
- Bank account blocking: Urgent court order to avoid transfers.
- Prohibition on disposing: On real estate, vehicles or registry corporate participations.
- Judicial intervention of companies: When legal person is offense instrument.
- Provisional forfeiture: On assets clearly identified as crime proceeds.
Forfeiture
Arts. 127 et seq. CP forfeiture allows judge to order decommissioning of assets, effects and proceeds that are crime products. After conviction, those assets are applied preferentially to satisfy victim's ex delicto civil liability (Art. 127 octies CP).
Foreign Assets
For assets in other EU states we apply EU Regulation 2018/1805 on freezing and forfeiture, allowing execution of Spanish orders in very brief timeframes (48h for freezing). Outside EU: letters rogatory, FIU-to-FIU cooperation, World Bank STAR Conventions for tax haven recovery.
Responsible Insolvency
When responsible insolvent or precautionary measures arrive late, we activate alternative routes: subsidiary civil liability of companies, organisms, financial entities (Arts. 120-122 CP); applicable civil liability insurance; Insurance Compensation Consortium in traffic offenses; State economic aids per Law 35/1995.
Penalty Chart
| Type / Scenario | Criminal Penalty |
|---|---|
| Forfeiture (Art. 127 CP) | Decommissioning of crime assets, effects and proceeds. Preferential application to civil liability. |
| Ex delicto civil liability | Restitution, reparation or compensation in same criminal process. |
| Subsidiary liability | Companies, public bodies and financial entities may respond subsidiarily in Art. 120 CP cases. |
* Penalties shown are indicative. The actual penalty depends on case circumstances, applicable mitigating and aggravating factors.
Our Defense Strategy
Initial patrimonial triage
Quick patrimony map of responsible in first hours to identify targets.
Simultaneous precautionary measures
Coordinated request for seizure, blocking and prohibition on all identified assets.
International cooperation
Early activation of EU and bilateral cooperation when foreign assets exist.
Insolvency plan B
Insurance, subsidiary liability and State aids articulation when responsible insolvent.
Criminal Procedure in Spain: Fast Trials, Extraditions & Prison Law — Defence Guide
Beyond substantive criminal offences, Spanish law contains a complex procedural framework that directly affects defence strategy. Fast-track trials (juicios rápidos), extradition procedures (European Arrest Warrants and bilateral treaties), penitentiary law (classification grades, parole, sentence review) and juvenile justice (LO 5/2000) each demand specialised knowledge. Understanding procedural rights and deadlines is often decisive for the outcome of a case.
Key Procedural Frameworks
| Framework | Legal Basis | Scope | Key Feature |
|---|---|---|---|
| Fast-track trials | Arts. 795-803 LECrim | Offences punishable by up to 5 years prison | Trial within 15 days of arrest |
| European Arrest Warrant | LO 23/2014 | Cross-EU extradition | 60-day maximum execution |
| Prison classification | LO 1/1979 (LOGP) | Classification into grades 1, 2 or 3 | Open regime (grade 3) = semi-liberty |
| Conditional release | Arts. 90-93 CP | Release from prison on licence | ¾ of sentence served + good conduct |
| Juvenile justice | LO 5/2000 | Offenders aged 14-17 | Educative measures, not punishment |
| Criminal record expungement | Art. 136 CP | Deletion of criminal record | Timeframe varies by offence severity |
Key Defence Strategies
Fast-Trial Conformity Advantage
In fast-track proceedings, agreeing to a plea (conformidad) with the prosecution can yield a sentence reduction of up to one-third. This can make the difference between prison and a suspended sentence.
EAW Refusal Grounds
European Arrest Warrants may be refused on grounds of: ne bis in idem (double jeopardy), time-barred offence, minor's age, or if the person will serve the sentence in Spain. Each ground requires specific procedural challenges.
Prison Grade Review
Inmates may contest their classification grade before the Supervisory Judge (Juez de Vigilancia Penitenciaria). Progression to grade 3 (semi-liberty) requires demonstrating good conduct, personal development and reduced recidivism risk.
Juvenile Diversion
For juvenile offenders, the defence can request diversion (sobreseimiento) if the minor completes a mediation or reparation programme. This avoids formal proceedings and prevents a juvenile record entirely.
Key Case Law
The Court confirmed that defendants who reach a plea agreement in fast-track proceedings have an absolute right to the one-third sentence reduction. The judge cannot refuse the agreed sentence if it falls within the statutory range.
The CJEU established that execution of a European Arrest Warrant may be suspended if there is a real risk of inhumane treatment in the issuing state. The executing authority must request specific assurances before surrender.
The Constitutional Court holds that prison classification decisions must be reasoned and subject to periodic review, in line with the fundamental rights of sentenced persons under Art. 25.2 CE.
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.