Criminal Defense Lawyer for Disloyal Administration in Madrid
An asset stripping, a related-party transaction on unfavourable terms, a conflict between partners that ends in a criminal complaint: if you are being investigated for the offence of disloyal administration (art. 252 CP), the defense hinges on documentary evidence and forensic accounting reports. We are criminal defense lawyers in Madrid specialising in economic and corporate criminal law: we defend the administrator under investigation and also represent the company or the injured partner acting as private prosecution. 24-hour helpline: 681 256 507.
Criminal defense lawyer expert in disloyal administration in Madrid, available 24 hours
A complaint for disloyal administration is almost never as clear-cut as it seems: there is usually a conflict between partners or a dismissed administrator behind it, and the key is to establish whether there is truly a criminal offence or simply a commercial matter. We are criminal defense lawyers in Madrid, specialists in economic crime, and we defend both the administrator under investigation and the company or injured partner acting as private prosecution, always in separate cases: we never act for both parties. We handle your case from start to finish, without passing you from one lawyer to another.
Other areas of economic criminal law we defend in Madrid
A case for disloyal administration often overlaps with other economic criminal offences. These are the other areas in which we take on the defense in Madrid, each with its own page and strategy.
When the administrator not only manages disloyally but also incorporates company assets into their own estate (art. 253 CP), a related but distinct offence from disloyal administration.
Falsification of annual accounts or damaging corporate resolutions that frequently arise in the same case as disloyal administration.
When the asset stripping is accompanied by concealment of the origin of the funds and the case expands with SEPBLAC requests for information.
When the investigation extends to other economic criminal offences (fraud, tax offences, fraudulent insolvency) and requires a unified defense of the administrator.
Criminal defense lawyers expert in disloyal administration in Madrid
In disloyal administration cases, the outcome is decided by how the documentary and forensic accounting evidence is prepared, not by how many lawyers appear at the hearing. This is what we do differently:
Our own forensic accounting report, not outsourced afterwards
We do not outsource the forensic accounting report to a third party after your statement: we prepare it beforehand, with an expert trusted by the firm, so that the defense evidence is ready from the investigation stage.
A single lawyer handles your case, from start to finish
Whoever meets you at the first interview is the one who represents you in court. The same lawyer follows your case through to the judgment, without handing it over to a junior for the trial stage.
We prepare your statement, we don't improvise it
We review all the corporate documentation, the minutes and the accounts before you sit down to give your statement, not afterwards. A statement before the investigating court should not be improvised.
We coordinate the criminal proceedings with the corporate matter
If there is also a corporate liability action or a shareholder dispute running in parallel, we handle it under the same approach, not in separate compartments.
Legal assistance for those investigated for disloyal administration (breach of fiduciary duty) in Madrid
From the first call after a partner’s criminal complaint or a court summons, this is what we do with you:
We answer your call.
We identify the procedural situation (admitted criminal complaint, summons as an investigated person, request for documentation) and set the defense in motion from that moment.
We give you initial guidance.
You have the right to remain silent and not to make a statement without your lawyer present. The statement before the investigating court shapes the entire defense that follows.
We review the corporate documentation immediately.
We review the minutes of the management body, the corporate documentation, contracts with related parties and the annual accounts before any court appearance.
We speak with you alone.
In the private interview, before any proceedings, we decide together what should be stated and what should be reserved.
We assist you at your statement.
We assist you at your statement before the Court of Instruction, with the corporate documentation and the preliminary accounting expert report already reviewed.
We provide this assistance ourselves, 24 hours a day, every day of the year. Madrid city, the Henares Corridor and the whole of Spain.
Disloyal administration in Madrid: the offence under Article 252 CP
The offence of disloyal administration punishes anyone who, having the power to manage another person’s assets, exceeds that power and causes harm to the assets under management. In practice, we mainly argue over three elements:
- The position of administrator, whether de jure or de facto, and the real scope of their powers.
- The actual financial harm, distinguishing a risky business decision that went wrong from genuinely disloyal management.
- Intent (dolo): disloyal administration has no reckless/negligent form, so ruling out awareness of the excess can lead to the case being dismissed.
The basic penalty is six months to three years’ imprisonment or a fine, with an aggravated penalty (Article 250 CP) where the amount exceeds 50,000 euros or there is abuse of personal relationships.
Common scenarios of disloyal administration in Madrid
These are the scenarios we see most often in practice:
- Intragroup or related-party transactions on terms unfavourable to the company.
- Remuneration not approved by the competent body or unrelated to the company’s corporate purpose.
- Personal guarantees or sureties charged to the company.
- Use of company assets for the administrator’s personal purposes.
- Asset stripping in the context of a dispute between partners.
- Contracting with related third parties at unfavourable market prices.
These scenarios often overlap with misappropriation, corporate offences or document forgery, which requires a precise legal characterisation from the investigation stage onwards.
Disloyal administration in Madrid: the firm's defense strategy
The defense is built on an accounting and commercial analysis of the transaction in question. Our usual lines of work include:
- Challenging the actual economic harm, questioning the damage when the transaction forms part of a reasonable business decision, even if it later turned out unfavourably.
- Invoking the business judgment rule (art. 226 LSC): decisions taken with due diligence and sufficient information cannot be scrutinised under criminal law.
- Challenging intent (dolo), since disloyal administration does not admit a negligent form.
- Raising the overlap with commercial law, when the facts can be addressed through the director’s civil liability without the need for criminal proceedings.
- Working on mitigating factors such as repairing the damage or undue delays.
24-hour assistance if you have been summoned over disloyal administration (corporate mismanagement)
Tel. 681 256 507 · [email protected]
Consequences of a conviction for disloyal administration in Madrid
Beyond the prison sentence or fine, a conviction for disloyal administration has effects that often weigh just as heavily, or more so:
- A criminal record, with a direct effect on the director’s commercial reputation and their ability to take on new management positions.
- Disqualification from engaging in trade or holding administrative positions, when the offence was committed from that position.
- Resulting civil liability, with an obligation to compensate for the harm caused to the company, regardless of the criminal proceedings.
We always work towards repairing the damage and, when the evidence is clear, towards a plea agreement as a way to reduce the sentence and avoid these additional consequences.
Private prosecution in disloyal administration cases in Madrid
We also represent companies and affected shareholders who bring a private prosecution against directors who have caused actual harm to the company. We prepare the forensic accounting analysis, the legal classification and the most suitable procedural route, whether that is a criminal complaint, a formal criminal complaint (querella) or joining proceedings already underway. The quantification of the harm determines whether the classification falls under the basic or the aggravated offence.
Disloyal administration and misappropriation in Madrid: the difference
These are distinct offences under the Criminal Code: disloyal administration penalises harmful management of another person’s assets, while misappropriation (art. 253 CP) penalises the appropriation of those assets for oneself. They can both arise from the same facts, but the protected legal interest and the conduct required are different. Determining which one applies to your case, or whether both apply, is one of the first things we review in the file.
Defense in disloyal administration cases: frequently asked questions
I am a director and a shareholder has reported me for disloyal administration. What should I do?
Before making a statement as a person under investigation, it is advisable to review the corporate documentation, the scope of the decisions being questioned and the position of the other directors. An unprepared statement at the investigation stage can compromise the entire subsequent line of defence.
Is a plea agreement possible in this type of proceedings?
Yes, especially when there is an initial aggravated classification that admits reduction to the basic form. A guilty plea agreement is a common defensive tool in white-collar crime cases when the evidentiary scenario is unfavourable.
What is the penalty for disloyal administration?
The basic form of the offence of unfair administration (art. 252 CP) is punished with imprisonment of six months to three years or a fine. The aggravated form, involving an amount exceeding 50,000 euros, can carry up to six years’ imprisonment.
Is using the company car for personal purposes a criminal offence?
It depends on the amount and the circumstances. Occasional use with tacit authorisation does not constitute the offence, but systematic, unauthorised use of company assets for personal purposes may constitute unfair administration or misappropriation, depending on the case.
When does the offence of disloyal administration become time-barred?
Limitation periods are governed by art. 131 CP depending on the applicable penalty: five years for the basic form and ten for the aggravated form. It is advisable to review this with the firm as soon as you become aware of the investigation.
Our office at Goya 20, Madrid
Estudio Jurídico Cervantes & Gª-Escribano
Book an initial assessment or call us directly. We see clients at Goya 20, by phone and by videoconference, with the confidentiality inherent to professional practice.
- Calle 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)
Call a criminal defense lawyer for unfair administration in Madrid
An investigation for the offence of unfair administration is decided on the basis of documentary evidence and forensic accounting reports: how the actual damage is proven and how the director’s intent (dolo) is refuted. The sooner you call a specialist criminal defense lawyer in unfair administration cases, the more room we have to act. We assist clients in Madrid city, the Henares Corridor and throughout the national territory. Call us at 681 256 507.
