Criminal Defence Lawyer for Offences Against Public Administration in Madrid
If you are being investigated for bribery, abuse of office, embezzlement, influence peddling or subsidy fraud, what you decide in the coming days will shape the rest of the proceedings. We are not talking only about a possible prison sentence: a conviction for these offences usually carries disqualification from office, barring you from holding another public position for years. Your professional career, built over a lifetime, can be permanently affected.
We handle cases involving civil servants, public officials, elected representatives and private individuals investigated or arrested for these offences. Your call is answered directly by Antonio Cervantes (ICAM 141.301) or Guillermo García-Escribano. No call centre, no paralegal in between. 24 hours a day, every day. 681 256 507.
Offences we defend as specialist criminal defence lawyers
These are the four most common scenarios of people who contact us when they are in the sights of the Anti-Corruption Prosecutor’s Office, the UDEF or an investigating court in Madrid. If your case fits any of these, we know how to defend it from the very first step of proceedings.
People contact us after receiving a summons because they have allegedly offered or accepted money, gifts or favours in exchange for an official act. Private individuals and companies named as the other party to the transaction also call.
- Payments, gifts or commissions in public procurement
- Inspectors or police officers accused of taking payment to look the other way
- Contracting companies named as having offered the bribe
- Cross-border bribery cases (dealings with public administrations outside Spain)
People contact us when a Court of Auditors report, an internal audit or a complaint questions the use of public funds, allowances, corporate cards or payments to third parties. Here, the typical penalty is absolute disqualification.
- Use of corporate cards for personal expenses
- Allowances, travel or representation expenses without justification
- Payments to suppliers or third parties without genuine consideration
- Temporary diversion of public funds for other purposes
Councillors, municipal officials, general directors or any authority whose signature on a decree, licence or procurement file is later being reviewed as arbitrary contact us.
- Planning and activity licences
- Awards and amendments to public contracts
- Personnel decrees, transfers and appointments
- Subsidies and grants awarded or refused
People contact us when an administrative decision benefits someone close to them and the accusation points to the improper use of their office or personal relationship. Private individuals who acted as intermediaries also call.
- Public officials or former employees dealing with their former administration
- Family members or associates of elected officials obtaining favourable decisions
- Private individuals accused of acting as intermediaries
- Companies benefiting, with independent criminal liability
We defend the public official or officeholder under investigation, as well as the private individual or company on the other side of the transaction. We assist clients in Madrid (Plaza de Castilla and the courts of the Henares Corridor) and, when the proceedings reach the High Court of Justice, the National Court or the Supreme Court, we are there as well. What we don’t do is promise a result: what we do is work on your case from minute one, without waiting for trial to take action.
When you should call a criminal defense lawyer specialising in Public Administration offences
- You have just received a summons as an investigated party and must appear in the coming days.
- The UDEF, the Anti-Corruption Prosecutor's Office or a court has called you and you don't know why.
- A search is scheduled at your official office, your home or your company's premises.
- You were called as a witness, but you notice the questions are heading in another direction.
- You have seen your name in a criminal complaint or a private prosecution and no one has told you yet.
- Your defense is being handled by a general practice lawyer and you want a second opinion from a criminal defense specialist.
- You are the director of a company named in a bribery or influence-peddling case.
- You have signed a decision that is now under review and you fear this may escalate.
Why you need a lawyer specialising in offences against the Public Administration from the very first moment
People come to the office frightened by the prospect of prison, and that’s understandable. But it’s not the only thing at stake. These are the fronts that open up as soon as you are charged:
- Disqualification. In most of these offences, the prison sentence is accompanied by disqualification (special or absolute) for a period of years. It removes you from your position and prevents you from standing for or accessing another public post for as long as it lasts.
- Your professional career. Even if the sentence is suspended and you don’t set foot in prison, the trace left on your criminal record and the internal repercussions within the Administration tend to mark the rest of your professional life.
- The parallel disciplinary file. In many cases, the same conduct also triggers an administrative or personnel file. Criminal defense and disciplinary defense need to be coordinated so they don’t contradict each other.
- Repayment of amounts. In cases of embezzlement, subsidy fraud and bribery with a quantifiable financial benefit, repayment of the amount received or defrauded is claimed, with interest.
- Reputation. Proceedings for these offences often end up in the media. We also work on how your defense is communicated, without feeding the noise.
- The legal entity. If the case implicates your company, there is separate criminal liability to defend (fines, prohibition from contracting with the public sector, prohibition from obtaining subsidies).
24-hour assistance for arrests, summonses and urgent custody situations
Tel. 681 256 507 · [email protected]
How we build your defense as a criminal defense law firm
No two cases are the same, but there is a working method we repeat in every one:
- We start with the case file. Before you give your statement, we want to see everything: the prior administrative reports, the emails, the contracts, the minutes. The first appearance is prepared document by document.
- We examine whether your conduct fits the offence. Often the first technical argument decides the case: if the conduct does not qualify as that of a public official for criminal purposes, or if the act is not arbitrary in the strict sense, the whole charge can collapse.
- We look for a defence expert report. In bribery, embezzlement or fraud cases there is almost always a financial expert report. We challenge it with our own experts when doing so benefits the case, not as a matter of routine.
- We challenge questionable evidence. Poorly justified phone tapping, documents without a proper chain of custody, searches with procedural defects. These are the points that can bring down parts of the prosecution’s case.
- We examine mitigating circumstances. Reparation of the harm caused, undue delays, cooperation: in this Title XIX, a well-evidenced mitigating factor can shift the sentence from actual imprisonment to a suspended sentence.
- We assess a plea agreement when appropriate. If the evidence is overwhelming, sometimes the most useful approach is to negotiate well. We don’t sell trials that can’t be won, but we do work to secure the least possible harm for you.
Other white-collar crime offences we also defend
Proceedings for offences against the Public Administration rarely come alone. They often bring in other white-collar crime offences: economic crimes in general, disloyal administration, misappropriation, tax offences, money laundering or corporate offences. When several matters are involved, we don’t handle them separately: we design a single strategy that covers all of them so that the defence does not contradict itself.
24-hour assistance for arrests, summonses and urgent detentions
Tel. 681 256 507 · [email protected]
How the criminal proceedings against you progress, step by step
This is what you’ll typically go through from the moment you’re summoned until the trial (or until the case is filed away if it doesn’t go further):
- Summons or arrest. If you’re summoned, you’ll be given days or weeks’ notice; if you’re arrested, we’re talking hours. In both cases, don’t take a single step without a lawyer.
- First statement. At the relevant investigating court (in Madrid, usually Plaza de Castilla). This is where we decide together whether you should make a statement or not. It’s usually better to wait until we have the case file in hand.
- Investigation phase. This is when witness statements, financial expert reports, complete administrative files, and sometimes phone tapping come into play. It’s the long phase, and the one where almost everything is decided.
- Order for abbreviated proceedings and charges. The judge decides to proceed, and the submissions from the Public Prosecutor, the private prosecution (if any) and your defense come in.
- Trial hearing. Criminal Court or Provincial Court. For those with special standing (aforados), the High Court of Justice of Madrid or the Supreme Court.
- Judgment and appeals. Appeal, cassation and, where applicable, a constitutional appeal (amparo). The defense doesn’t end with the judgment: sometimes that’s where another phase begins.
You can call us at any point along this path. It’s never too late, but the sooner we get involved, the more room there is to build a strong defense.
A clear process, from start to finish
From the first contact through to the resolution of the proceedings, we follow a transparent methodology so that at every step you know what to expect.
First contact
We listen to your situation in a confidential initial interview, assess urgency and define the next steps.
Case Analysis
Review of the case file, gathering of evidence and preparation of an internal report setting out the defence options.
Strategy and Preparation
We design the procedural strategy, prepare pleadings and work with you through every key milestone of the proceedings.
Defense at trial
We take on the defense at trial with meticulous preparation of witness testimony, expert evidence and the appropriate remedies.
24-hour assistance for detainees, every day of the year
We call, we travel and we take on the defense from the very first minute. Madrid and the whole of Spain.
Answers to the most common queries
If your question isn’t answered here, write to us: we reply within 24 working hours and always in confidence.
I've been summoned as a person under investigation and I don't know what I have to say. What should I do?
Don’t give a statement yet. Your first statement shapes the entire proceedings. Call us before you appear at the court, we obtain the case file, review it with you and decide together what to answer and what not to. In most cases, the safest course is to exercise your right not to testify until we have seen the evidence.
Am I going to prison?
It depends on the offence, the sentence being sought and your criminal record. For many offences under Title XIX, an effective prison sentence can be avoided with a good defense or, if the evidence is very clear, by negotiating a plea agreement and suspension of the sentence. What we will almost always be facing is disqualification from office, which is the characteristic penalty for these offences.
I'm a temporary/interim civil servant. Do I count as a public official for criminal law purposes?
Yes. The criminal-law concept of a public official is broader than the administrative one. It includes interim staff, temporary employees, administrative or labour contract staff, jury members and court experts while carrying out their role. What matters is whether you participate in the exercise of public functions, not what your contract is called.
I'm a private individual, not a public official. Can I still be charged?
Yes, in active bribery and in influence peddling by a private individual. If you have offered or given a gift to a public official, or acted as an intermediary to obtain a favourable administrative decision, you can be held liable as a principal offender, facing penalties of up to 6 years’ imprisonment plus special disqualification.
Will I lose my position as a public official or elected office holder if I'm convicted?
If the conviction carries absolute or special disqualification from the position, yes, for the duration of the sentence. The penalty can range from 1 to 15 years depending on the offence. And even if you later regain the capacity to stand for office or access the position, the practical effects on your career often remain. We work to reduce this disqualification to the minimum possible, or to avoid it altogether when there is room to do so.
Visit us in Madrid
The firm’s physical office is right in the city centre. We see clients by appointment to ensure the dedication each case requires.
Estudio Jurídico Cervantes & Gª-Escribano
Book an initial assessment or call us directly. We handle consultations in person, by phone and by video call.
- Calle Goya 20, 1st Floor, Left · 28001 Madrid
- 681 256 507 · 24 hours, every day
- [email protected]
- Monday to Friday · 9:00 – 19:00 (detainee assistance 24/7)
Call a criminal defense lawyer specialising in Public Administration offences in Madrid
The sooner we join your defence, the more options we have to avoid prison, reduce disqualification or secure a dismissal of the case. One of the firm’s partners answers the phone directly, with no intermediaries, 24 hours a day. We see clients in Madrid and travel to any court in the country when the case warrants it. 681 256 507.
