Criminal Defense Lawyer Specialising in Bribery Offences in Madrid
If you are being investigated for bribery (having offered, promised or given a gift to a public official, or having received it as the official), you are facing one of the most sensitive charges in the Criminal Code. The penalty can reach 6 years’ imprisonment plus special disqualification for up to 12 years, and the case usually comes with a great deal of public exposure.
We handle cases involving public officials, inspectors, authorities, private individuals and awarded contractor companies accused of active or passive bribery. Your call is answered directly by Antonio Cervantes (ICAM 141.301) or Guillermo García-Escribano. No call centre. 681 256 507, 24 hours a day.
Other offences against Public Administration we also defend
Bribery almost never appears alone. It usually comes together with other offences under Title XIX of the Criminal Code, which we also handle at the firm.
The cluster’s cornerstone page, offering a complete overview of offences against Public Administration and how they fit together.
- Passive bribery: the official who receives
- Active bribery: the individual who offers
- Bribery of foreign officials
- Corporate criminal liability
When the conduct under investigation also involves misuse of public funds, corporate cards or the diversion of public monies.
- Misappropriation of public funds
- Temporary use without intent to appropriate
- Corporate cards and expense allowances
- Absolute disqualification as a penalty
When the case investigates whether the administrative decision that was signed was knowingly arbitrary and unjust.
- Arbitrary decisions made knowingly
- Planning and business activity licences
- Public procurement
- Personnel decrees
When it is alleged that a position of authority or a personal relationship was exploited to obtain a favourable decision.
- Influence peddling by an authority or public official
- Influence peddling by a private individual
- Revolving-door cases
- Corporate criminal liability
We defend the public official or authority accused of having received the gift (passive bribery), as well as the private individual or company accused of having offered or given it (active bribery). In most cases, proceedings are heard before the Investigating Courts of Plaza de Castilla; in cases involving special jurisdiction (aforamiento), they reach the High Court of Justice of Madrid or the Supreme Court. We handle every stage from day one: assistance to the detained or investigated person, defence submissions, expert financial evidence for the defence and, where appropriate, negotiation of a strategic plea agreement.
When you should call a criminal defense lawyer specialising in bribery
- You have received a summons as an investigated party and must appear shortly.
- The UDEF, the Anti-Corruption Prosecutor's Office or a court has called you in to give a statement.
- A search is scheduled at your official office, your home or your company's premises.
- You have been summoned as a witness, but the questions point towards something else.
- You are named in a criminal complaint that has not yet been formally notified to you.
- You are the director of an awarded contractor company named in an ongoing case.
- You are a civil servant or public official and a colleague has started cooperating with the Public Prosecutor's Office.
- Your defense is being handled by a general practice lawyer and you want a second opinion from a criminal defense specialist.
Why you need a specialist bribery lawyer from the very first moment
The prison sentence is the first shock, but it’s not all that’s at stake:
- Special disqualification, which can reach 12 years, removes you from your position and prevents you from holding another public post for as long as it lasts.
- Your professional career, even if the sentence is suspended. The trace left on your criminal record and the internal fallout tend to mark the rest of your life.
- The disciplinary file opened in parallel within the Administration. The criminal defense must be coordinated with the disciplinary one so they don’t contradict each other.
- Confiscation of the money or goods received as a bribe, plus a fine proportional to the benefit obtained.
- Reputation: these proceedings often end up in the media. We also work on how your defense is communicated so as not to fuel the noise.
- The company: if the conduct is also attributed to the legal entity (art. 427 bis CP), this brings a fine, a ban on contracting with the public sector and a ban on 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
Every bribery case is different, but our working method is always the same:
- Before giving your statement. We obtain the case file, read every page of the record, speak with every witness available to us and prepare the statement of the person under investigation document by document.
- We challenge the legal classification. Was it really a bribe or a habitual professional courtesy? Is the official act within or outside the scope of the official’s duties? Is there a genuine causal link between the gift and the decision? This is often where the classification of the offense is decided.
- Defense expert evidence. In bribery cases involving financial gain there is almost always a forensic accounting report from the prosecution. We challenge it where there are grounds to do so, not as a matter of routine.
- We attack questionable evidence. Poorly justified phone tapping, mobile phone data extractions without a proper chain of custody, testimony from co-defendants cooperating in exchange for reduced sentences. These are the points that can bring down parts of the prosecution’s case.
- Mitigating factors and reparation. Confession, repayment of the amount, cooperation. Properly presented, these can shift the sentence from actual imprisonment to a suspended sentence.
- Corporate criminal compliance when the case also involves the legal entity: an effective compliance programme adopted before the events can lead to exemption or mitigation.
- Strategic plea agreements when the evidence is overwhelming. We don’t sell trials that can’t be won: we work to secure the least possible harm for you.
Other economic crime offenses we also defend
Bribery often connects with other economic crime offences we handle at the firm: offences against Public Administration in general, embezzlement, malfeasance in public office, influence peddling, subsidy fraud, money laundering, tax offences and unfair administration. When a case involves several of these strands, we design a single strategy that covers them all.
24-hour assistance for arrests, summonses and urgent custody situations
Tel. 681 256 507 · [email protected]
How bribery criminal proceedings unfold, step by step
Here is what you can expect to happen from the moment you are summoned until the trial (or until the case is dismissed, if it doesn’t go that far):
- Summons or arrest. In bribery cases involving telephone interceptions, it is common for the first measure to come as a surprise, including a search. If this happens, do not sign anything without a lawyer.
- First statement. Before the investigating court. We decide together with you whether or not to make a statement. It is usually wiser to wait until you have seen the case file.
- Investigation phase. Witness testimony, financial expert reports, administrative records, telephone interceptions and, where applicable, statements from co-defendants who cooperate. This is the long phase where almost everything is decided.
- Order for abbreviated proceedings and formal charges. Submissions from the Public Prosecutor, from the private or popular prosecution if there is one, and from your defence.
- Trial. Criminal Court or Provincial Court; for those with special jurisdictional privilege, the High Court of Justice of Madrid or the Supreme Court.
- Judgment and appeals. Appeal, cassation and, where applicable, constitutional appeal (amparo). If there is a conviction, we assess suspension and substitution of the sentence.
You can call us at any point along the way. The sooner we get involved, the more room the defence has to work with.
A clear process, from start to finish
From the first contact through to the resolution of the case, we follow a transparent methodology so that at every step you know what to expect.
First contact
We listen to your situation in a first confidential interview, assess the 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 submissions and work with you through every relevant milestone of the proceedings.
Defence at trial
We take on the defence at trial with thorough preparation of witness examination, expert evidence and any relevant appeals.
24-hour assistance for detainees, every day of the year
We call, we travel and we take on the defence from the very first minute. Madrid and the whole of Spain.
Answers to the most common questions
If your question isn’t answered here, write to us: we respond in less than 24 working hours and always in confidence.
Can I be charged with bribery even if I never actually paid the official?
Yes. Active bribery by an individual (art. 424 CP) punishes not only actual payment but also the offer and the promise of a bribe. The same applies to passive bribery: it is enough for the official to solicit or accept the offer, even if nothing is ever received.
Will I go to prison if I'm convicted of bribery?
It depends on the type and the amount involved. In proper passive bribery (art. 419 CP) the sentence ranges from 3 to 6 years’ imprisonment, which makes suspension difficult. In improper bribery and many cases of active bribery, the sentence usually allows for suspension of execution if there are no prior convictions and the harm is repaired. What almost always accompanies the sentence is disqualification from public office.
Can I keep working as a civil servant while the proceedings are ongoing?
In most cases, yes, unless a specific precautionary measure is imposed. If disciplinary proceedings are opened in parallel, the Administration may order your provisional suspension from duties. That’s why it’s important to coordinate the criminal defense and the disciplinary defense from the very start.
I'm an executive at a company holding a public contract. Can the company also be held liable?
Yes. Art. 427 bis CP provides for the independent criminal liability of the legal entity in bribery cases. The company can be sanctioned with a fine, a ban on contracting with the public sector, and a ban on receiving subsidies. An effective compliance programme adopted before the events took place is a factor that can exempt or mitigate liability.
Does returning the money count as a mitigating factor?
Full repayment of the amount received or misappropriated before the trial hearing, together with a confession, can operate as a highly qualified mitigating factor (art. 21 CP) and reduce the sentence by one or two degrees. In bribery cases involving significant sums, that reduction can make the difference between actual imprisonment and a suspended sentence.
Visit us in Madrid
The firm’s physical office is right in the city centre. We see clients by appointment to ensure each case gets the attention it deserves.
Cervantes & Gª-Escribano Law Firm
Book an initial consultation or call us directly. We offer in-person, telephone, and video-conference consultations.
- 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)
If you're under investigation for bribery, the first thing to do is call
The sooner we join your defense, the more options we have to help you avoid prison, reduce disqualification, or secure a dismissal of the case. Your call is answered directly by one of the firm’s partners, with no intermediaries, 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.
