Influence Peddling Lawyer in Madrid
If you are being investigated for influence peddling (having taken advantage of your position, a personal or professional relationship, or your status as a former public official to obtain a favourable administrative decision for someone), you face a prison sentence of up to 2 years plus special disqualification of up to 9 years. This offence applies to authorities and public officials as well as private intermediaries, and the benefiting company may also face criminal liability.
We defend public officials, former civil servants, advisors, private individuals and companies implicated in influence peddling cases. Antonio Cervantes (ICAM 141.301) or Guillermo García-Escribano will answer your call personally. 681 256 507, 24 hours.
Other offences against public administration we also defend
Influence peddling rarely appears on its own. It often occurs alongside bribery, malfeasance or embezzlement when the decision obtained also involves a bribe or the disposal of public funds.
The pillar page of the cluster, with the complete overview of offences against public administration.
- Trading in influence by an authority or public official (art. 428 CP)
- Trading in influence by a private intermediary (art. 429 CP)
- Revolving door cases
- Criminal liability of the company (art. 430 CP)
When the influence was exercised through gifts, commissions or payments to the official who made the decision.
- Passive bribery of the receiving official
- Active bribery of the offering individual
- Cases involving UDEF and the Anti-Corruption Prosecutor's Office
- Liability of the benefiting company
When the decision obtained is also arbitrary, made in the knowledge of its unlawfulness.
- Arbitrary administrative decisions
- Licences and permits
- Public contract awards
- Special disqualification of 9-15 years
When the influence resulted in the disposal or diversion of public funds.
- Misappropriation of public funds
- Temporary use without intent to appropriate
- Misapplied subsidies and grants
- Absolute disqualification of 6-10 years
We defend the public official or former civil servant under investigation for having taken advantage of their position, the private individual accused of acting as an intermediary, and the company benefiting from the decision obtained. We handle cases before the Examining Courts of Madrid (Plaza de Castilla and surrounding districts), the High Court of Justice of Madrid when parliamentary or judicial privilege applies, the National Court when the case has special significance, and the Supreme Court when applicable.
When you should call a criminal defense lawyer specialising in influence peddling
- You have received a summons as a person under investigation in a case opened by the Public Prosecutor's Office.
- Your name appears in a criminal complaint that has not yet been served on you.
- You are a former civil servant and your recent dealings with your former organisation are being questioned.
- You are an executive of a contracted company implicated in intermediation.
- You are an external advisor or lobbyist and the Public Prosecutor's Office is investigating your contacts with the Administration.
- You have been summoned as a witness, but the questions point to your meetings or dealings.
- A relative of an elected official has obtained a favourable decision, and the connection is being investigated.
- Your current defense lawyer is not a criminal law specialist and you want a second opinion.
Why you need a specialist lawyer in influence peddling from the very first moment
The prison sentence for influence peddling is usually moderate and allows for suspension, but everything else carries significant weight:
- Special disqualification for up to 9 years, which removes the person from their position and any similar post. For elected officials, this means losing their seat or public post for the entire duration of the sentence.
- The connection to bribery. If a gift or favour is being investigated alongside the influence peddling, the penalties increase significantly and suspension becomes more difficult.
- The criminal liability of the company that benefited (art. 430 CP): a fine, prohibition from contracting with the public sector, prohibition from obtaining subsidies.
- Confiscation of the financial benefit obtained, whether direct or indirect.
- Professional reputation. Cases of influence peddling involving lobbyists, consultants or former civil servants usually close off future access to dealing with the Administration.
- Disciplinary proceedings if you are still an active civil servant, with provisional suspension from duties as a possibility.
24-hour assistance for arrests, summonses and urgent prison admissions
Tel. 681 256 507 · [email protected]
How we build your defense as a firm of criminal defense lawyers
Influence peddling cases are won or lost on the evidence of undue exploitation of position. This is what we do:
- We challenge the exploitation of position element. The offence requires the person to have acted by exploiting their position, personal relationship or hierarchical standing. It is not enough to simply know a civil servant: there must be genuine instrumentalisation.
- We challenge the outcome. The offence requires seeking a decision that generates a financial benefit, whether direct or indirect. If that decision never actually materialised, there is scope to argue attempt or that no offence was committed.
- We analyse the causal chain. Meetings, calls, emails: exactly what was requested, what was obtained, and what real causal link exists between the two.
- We challenge doubtful evidence. Poorly justified phone taps, diaries and messages with no chain of custody, testimony from co-defendants cooperating with the Public Prosecutor’s Office.
- Mitigating factors and reparation. Confession, return of the benefit obtained and undue delays. Properly argued, these can affect the sentence.
- Criminal compliance of the company that benefited, where the case implicates the legal entity: an effective programme adopted before the events took place.
- Strategic plea agreement when the evidence is overwhelming. This minimises disqualification and allows for suspension of the sentence.
Other economic crime offences we also defend
Influence peddling is often connected to other offences: offences against Public Administration in general, bribery, malfeasance, embezzlement, subsidy fraud, money laundering and disloyal administration. When a case involves several charges at once, we design a single strategy.
24-hour assistance for arrests, summonses and urgent detentions
Tel. 681 256 507 · [email protected]
How criminal proceedings for influence peddling progress, step by step
The usual course of events is as follows:
- Summons as an investigated party. In influence peddling cases, a summons is the norm. If the case involves telephone interceptions, there may be surprise searches.
- First statement. At the competent investigating court (in Madrid, Plaza de Castilla; for individuals with special standing, the Madrid High Court of Justice (TSJ) or the Supreme Court). It is prudent to wait until you have the case file in hand.
- Investigation phase. Telephone and messaging interceptions, testimony from officials and private individuals, diaries, emails, complete administrative files. If co-defendants cooperate, their statements carry weight.
- Order for abbreviated proceedings and charges. Public Prosecutor, private prosecution or popular prosecution (if any) and your defense.
- Trial. Criminal Court or Provincial Court; for individuals with special standing, the Madrid High Court of Justice (TSJ) or the Supreme Court.
- Judgment and appeals. Appeal, cassation and, where applicable, constitutional protection (amparo). If there is a conviction, we assess suspension and substitution of the sentence.
A clear process, from start to finish
From the first contact until the resolution of the proceedings, we maintain a transparent methodology so that you know what to expect at every step.
First contact
We listen to your situation in a first confidential interview, assess urgency and define the next steps.
Case analysis
Study of the case file, gathering of evidence and preparation of an internal report on the defense options.
Strategy and preparation
We design the procedural strategy, prepare pleadings and work with you on every relevant 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 throughout the country.
Answers to the most common queries
If your question is not here, write to us: we reply within 24 business hours and always in confidence.
I called a former colleague from the Ministry to ask him for information. Is that influence peddling?
Not automatically. The offence requires abuse of position and the pursuit of a decision generating financial gain. A call to request general information is not, by itself, a criminal offence. It becomes one when the office or relationship is instrumentalised to obtain a specific decision with a quantifiable benefit.
I'm a private individual, not a public official. Can I be investigated for influence peddling?
Yes. Article 429 CP punishes influence peddling by a private individual acting as an intermediary. The penalties are the same as those for the offence committed by an authority or public official as regards imprisonment, but without special disqualification (which does not apply to private individuals).
Am I going to prison?
The prison sentence for the basic offence ranges from 6 months to 2 years, which normally allows for suspension of the sentence if there is no criminal record. Actual imprisonment arises when bribery is also involved, or when the aggravated form applies due to the sector (urban planning, public procurement).
What if I'm a director of the company that benefited?
Article 430 CP provides for the independent criminal liability of the legal entity. The company can be penalised with a fine, a ban on contracting with the public sector and a ban on obtaining subsidies. Effective criminal compliance adopted before the events took place operates as a mitigating or exempting factor.
I'm a lobbyist or regulated advisor. Could my activity constitute influence peddling?
Lawful, transparent and registered lobbying activity is not a criminal offence. The line is crossed when there is genuine abuse of the office or relationship to obtain a specific administrative decision with financial benefit. The defence rests on proving the transparency of the dealings and the absence of any abuse of position.
Visit us in Madrid
The firm’s physical office is right in the city centre. We attend by prior appointment to ensure each case receives the attention it requires.
Cervantes & García-Escribano Law Firm
Book an initial assessment or call us directly. We handle in-person, telephone and video conference consultations.
- C/ Goya 20, 1st Floor Left · 28001 Madrid
- 681 256 507 · 24 hours, every day
- [email protected]
- Monday to Friday · 9:00 AM – 7:00 PM (24/7 assistance for detainees)
If you are being investigated for influence peddling, the first thing to do is call
The sooner we join your defence, the more scope there is to avoid disqualification or reduce it to its minimum form. Your call is answered directly by one of the firm’s partners, 24 hours a day. We are based in Madrid and travel to any court in the country when the case warrants it. 681 256 507.
