Corporate Crime Lawyer in Madrid
A falsification of annual accounts, an abusive majority resolution, a refusal of a partner’s right to information: if you are being investigated for a corporate crime (arts. 290 to 296 CP), the defense is played out on the border between the commercial dispute and the criminal offence. We are criminal defense lawyers in Madrid, experts in corporate crime: we defend the company, the director or the investigated partner, and also the harmed minority partner who brings the private prosecution. 24-hour line: 681 256 507.
Criminal defense lawyer specialising in corporate crime in Madrid, available 24 hours
A corporate crime almost always arises from a conflict between partners, and the line between the commercial dispute and the criminal offence is very thin. We are criminal defense lawyers in Madrid, specialists in economic crime, and we defend both the investigated director or partner and the harmed minority partner who brings the private prosecution, always in different cases: we never represent 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 corporate crime 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 facts amount to disloyal management by the director (art. 252 CP), often in conjunction with falsification of accounts.
When the director or majority partner incorporates company assets into their personal estate (art. 253 CP) in addition to adopting harmful resolutions.
When the abusive corporate resolution conceals money laundering operations subject to SEPBLAC requirements.
When the charge extends to fraud, tax offences or asset stripping and requires a unified defense.
Criminal defense lawyers specialising in corporate crime in Madrid
In a corporate crime case, the outcome is decided on the dual criminal and commercial plane, and in the evidence regarding the accounts. This is what we do differently:
Dual criminal and commercial approach, not just criminal
We don’t treat the matter as purely criminal: we simultaneously analyse the commercial plane (LSC), where the conflict can often be redirected and the offence disappears.
One single lawyer handles your case, from start to finish
Whoever meets you in the first interview is who represents you in court. The same lawyer follows your file through to the verdict.
Our own accounting expert report on the accounts
We bring in our own accounting expert to challenge the suitability of the accounting falsification to cause harm, the technical battleground of these cases.
We distinguish the commercial dispute from the crime from day one
We determine from the outset whether the facts constitute an ordinary corporate dispute or a crime. If it’s the former, we tell you from day one.
Legal assistance for those investigated for corporate crime in Madrid
From the very first call after a partner’s criminal complaint or a court summons, this is what we do with you:
We take your call.
We identify the procedural situation and activate the defense from that moment.
We give you initial guidance.
You have the right to remain silent and not to make a statement without your lawyer.
We review the accounts and minutes immediately.
We review the corporate body’s minutes, the annual accounts and the corporate records.
We speak with you privately.
Together we decide what is best to state and what to withhold.
We assist you during your statement.
We assist you during your statement with the accounts and expert reports already reviewed.
We provide this assistance 24 hours a day, every day of the year. Madrid capital, the Henares Corridor and throughout Spain.
Corporate crimes in Madrid: which conduct the Criminal Code punishes
The Criminal Code punishes several types of conduct by directors and controlling shareholders that harm the company or the minority:
- Falsification of annual accounts or other corporate documents capable of causing economic harm (art. 290 CP).
- Imposition of abusive resolutions by the majority to the detriment of the other shareholders and without benefit to the company (art. 291 CP).
- Denial of a shareholder’s right to information or obstruction of their attendance and vote at a general meeting (art. 293 CP).
Not every irregularity constitutes a crime: prosecution generally requires a complaint from the injured party (art. 296 CP), and many such matters are resolved through commercial court proceedings.
The most common conduct in corporate crimes
These are the types of conduct we see most frequently in practice:
- Falsification of annual accounts that conceals losses in order to maintain the confidence of shareholders or third parties.
- Abusive resolutions that dilute or harm the minority without any benefit to the company (capital increases, disproportionate remuneration).
- Denial of a shareholder’s right to information in the context of a general meeting or a legal challenge.
- Obstruction of external auditors or administrative inspectors.
Corporate crimes in Madrid: the firm's lines of defense
We work on several lines simultaneously, depending on what the accounts and corporate records reveal:
- Demonstrating formal compliance. External audits, filing of accounts, properly convened general meetings and information provided to shareholders.
- Challenging whether the falsification is capable of causing harm. Art. 290 CP requires a falsification capable of causing harm: mere formal irregularities are dealt with in commercial court proceedings.
- Redirecting the dispute to the commercial jurisdiction where appropriate (challenging resolutions, corporate liability actions).
- Challenging the complainant’s standing under the procedural requirement of art. 296 CP.
24-hour assistance for a criminal complaint over a corporate crime
Tel. 681 256 507 · [email protected]
Penalties and consequences of a corporate crime in Madrid
The penalties depend on the type of offence, but a conviction has effects that often weigh as heavily as the sentence itself:
- Imprisonment and fines. Falsifying company accounts is punished with one to three years’ imprisonment and a fine; other offences carry lighter penalties or a fine only.
- Criminal record, which directly affects the director’s ability to hold management positions.
- Civil liability, involving the obligation to compensate for the harm caused to the company or its shareholders.
Private prosecution for the affected shareholder in Madrid
When you are the minority shareholder who has suffered harm, we first assess whether the commercial route is sufficient or whether arts. 291 to 293 CP open the way to criminal proceedings. We prepare the criminal complaint with the necessary documentary evidence (minutes, accounts, communications) and coordinate with forensic accountants where the falsification requires it.
Defence in corporate offences: frequently asked questions
Is any accounting irregularity a corporate offence?
No. The offence requires falsification capable of causing economic harm. Mere formal irregularities (errors in the annual report, adjustments in accounting criteria) are dealt with through commercial proceedings, not criminal ones.
As a minority shareholder, how do I defend my rights against the majority?
When the commercial route (challenging resolutions, a corporate liability action) proves insufficient, arts. 291 to 293 CP may provide the criminal route. A prior analysis is essential to assess the viability of a criminal complaint.
When do corporate offences become time-barred?
Five years for most of the offences in this chapter (art. 131 CP). It is advisable to review this with the firm as soon as you become aware of the investigation.
What does a lawyer specialising in corporate offences do?
A lawyer specialising in corporate offences analyses the conduct from both the criminal and commercial perspectives, advises on the suitability of criminal proceedings, prepares the defence or the criminal complaint on behalf of the company or the shareholder depending on your position, and coordinates with forensic accountants.
Do I have to report to the Commercial Registry first?
No. Criminal action for corporate offences is brought directly before the Examining Court by means of a complaint or private prosecution. Prior action before the Commercial Registry may provide evidence, but it is not a requirement.
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 video conference, 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 (detainee assistance 24/7)
Call a corporate crime lawyer in Madrid
An investigation into a corporate crime is decided at the boundary between a commercial dispute and a criminal offence: how it is shown that the falsification is not capable of causing harm, and how the conflict is redirected to the corporate law route where appropriate. The sooner you call a criminal defense lawyer experienced in corporate crimes, the more room we have to act. We assist clients in Madrid city, the Henares Corridor and throughout the country. Call us on 681 256 507.
