BEWARE OF THE CRIME OF CORRUPTION IN BUSINESS
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Contributing lawyer Emilio Pino Palma on his website tells us how corruption offenses in business are defined and how they are penalized. We thank Emilio for his contribution to the Lawyou website. In his page as in Lawyou’s, you will find multiple entries and tips in which to inform you of the latest news in the legal sector.
What is a crime of corruption in business?
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It is punishable as a crime of corruption in business the mere acceptance of the offer or promise to obtain an unjustified benefit or advantage in exchange for unduly favoring another in the acquisition or sale of goods, or in the procurement of services or in commercial relations.
Fines and penalties
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The crime of corruption in business punishes with imprisonment from 6 months to 4 years, special disqualification for the exercise of industry or commerce for a period of 1 to 6 years and a fine of one to three times the value of the benefit or advantage obtained, to the director, administrator, employee or collaborator of a commercial enterprise or of a company that, by himself or through an intermediary receives, requests or accepts an unjustified benefit or advantage of any nature, for himself or for a third party, as consideration for unduly favoring another in the acquisition or sale of goods, or in the contracting of services or in commercial relations. The reform of the CP operated by LO 1/2019 broadens the scope of this crime, punishing not only for receiving, requesting or accepting an unjustified benefit or advantage, but also for the mere acceptance of the offer or promise to obtain it.
This offense may also be committed by a legal person, in which case the following shall be imposed:a) Fine from 2 to 5 years, from three to five times the benefit obtained or that could have been obtained if the resulting amount were higher, when the offense committed by the natural person has a penalty of more than 2 years of deprivation of liberty. b) A fine of 6 months to 2 years, or a double of the benefit obtained or that could have been obtained if the resulting amount was higher, in the rest of the cases, and if the judge or court so considers, the interdictive penalties included in the CP art.33.7.b) to g). .7.b) to g).This novelty enters into force from 13-3-2019.
The lawyers of LAWYOU, will help you.
In LAWYOU we have lawyers with many years of experience in different branches of law, including criminal law and criminal procedure. Therefore, our lawyers can help you if you want to implement a compliance policy in your company, as well as with other issues related to criminal liability. If you have any doubt or legal problem, do not hesitate to contact us to tell us about your case through our email info@lawyoulegal.com or, if you prefer, you can also call us at 602 226 895.
Emilio Pino Palma
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Collaborator.
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