Private Prosecution in Economic Crimes in Madrid
An administrator who has emptied out the company, a partner who has misappropriated funds, fraud in a commercial transaction: if your company or you have suffered harm from an economic crime, private prosecution gives you tools that civil proceedings do not offer. Precautionary seizures, prohibition on disposal of assets, confiscation and reparation for the damage within the criminal judgment itself. We are criminal defense lawyers in Madrid, experts in private prosecution. 24-hour line: 681 256 507.
Lawyer for private prosecution in economic crimes in Madrid, available 24 hours
When a company or an individual discovers they have been the victim of an asset diversion, a quick response changes everything: an early criminal complaint with precautionary measures can freeze the assets before they disappear. We are criminal defense lawyers specializing in economic crimes and we act as private prosecution on behalf of the injured party to recover the damage and hold the person responsible to account, with our own accounting expert report and a precise procedural strategy from the first submission. We handle it ourselves from start to finish, without passing you from one lawyer to another.
Economic crimes in which we act as private prosecution on behalf of the injured party
These are the areas of economic criminal law in which we take on private prosecution on behalf of the injured party in Madrid. Each one has its own page and its own prosecutorial strategy.
When the company has suffered actual harm from the disloyal management of a director or board member who has been removed (article 252 of the Criminal Code).
When a partner or a professional entrusted with a task has withheld or disposed of client funds outside the terms of the arrangement (article 253 CP).
When a minority shareholder or the company has suffered harm from falsification of accounts or an abusive majority resolution.
When the prosecution extends to fraud, asset stripping, money laundering or related document forgery, requiring a unified prosecution.
24-hour assistance to prepare your private prosecution
Tel. 681 256 507 · [email protected]
Criminal defense lawyers with expertise in private prosecution in Madrid
In a private prosecution, the outcome is decided by speed and evidence: freezing the assets in time and properly quantifying the harm. This is what we do differently:
Precautionary measures from the first submission
We request the actual precautionary measures (seizures, prohibition on disposal of assets) in the initial submission, when there is a risk that the person under investigation will move their assets. Without them, a conviction can end up with no economic substance.
Accounting expert report that quantifies your harm
We bring in our own accounting expert to quantify the harm using a methodology that can be defended in court, capable of withstanding the defense’s counter-report.
We choose the route: criminal complaint, formal complaint (querella) or joining the proceedings
We choose the most suitable course of action for you: a simple criminal complaint (denuncia), a formal criminal complaint (querella) that sets out the object of the proceedings from day one, or joining an investigation already opened by the Public Prosecutor’s Office.
We seek redress within the criminal proceedings themselves
We seek redress for the damage within the criminal proceedings themselves, without the need for a parallel civil procedure: a criminal judgment with a civil ruling is a direct enforcement title.
What we do when you detect a misappropriation of assets in your company
From the moment you detect the misappropriation of assets, this is what we do with you:
We take your call.
We deal with you directly regarding the initial documentation and identify the conduct, the limitation period and the most suitable course of action.
We assess the course of action and the limitation period.
We assess whether a criminal complaint (denuncia), a formal criminal complaint (querella) or joining the proceedings is appropriate, and the weight you want to give to the prosecuting position from the outset.
We quantify the loss with an expert report.
We review the corporate, accounting and contractual documentation, and quantify the loss with a forensic accounting report for the prosecution.
We prepare the formal complaint (querella) and the precautionary measures.
We prepare the formal complaint (querella) with the factual account, the legal classification and the request for real precautionary measures from the very first submission.
We uphold the prosecution at trial.
We uphold the prosecution at the trial hearing, with the forensic accounting report and the cross-examination of the defence’s expert.
We are available to you 24 hours a day, every day of the year. Madrid city, the Henares Corridor and the whole of Spain.
When it is worth bringing a private prosecution in an economic offence
Bringing a private prosecution, beyond the action of the Public Prosecutor’s Office, makes sense when:
- You want to intervene actively and direct the evidence towards specific facts that the Public Prosecutor’s Office might not prioritise.
- Financial redress for the damage is a central aim of the proceedings.
- There are several parties responsible with different degrees of involvement and it is necessary to specify the legal classification of each.
- You need real precautionary measures (attachments, prohibition on disposal) that the civil courts grant under stricter requirements.
Real precautionary measures to secure redress for the damage
This is the tool that sets the criminal route apart: making sure that, if there is a conviction, there is something to collect. We request these from the Examining Court in the initial submission when there is a risk of asset concealment:
- Preventive attachments on the assets and accounts of the person under investigation.
- Prohibition on disposing of real estate to prevent its sale.
- Freezing of accounts and retention of assets that have been located.
- Preventive confiscation of the proceeds of the offence.
Without these measures, a conviction may end up with no economic content that can actually be enforced.
Private prosecution or civil route: why the criminal route offers more
When the conduct amounts to a criminal offence, criminal proceedings are usually preferable to civil proceedings, as they offer the victim:
- Criminal coercive force: the threat of a penalty facilitates settlement during the investigation phase.
- Real precautionary measures available from the outset, without the requirements of civil proceedings.
- Public investigation: the Court and the Judicial Police take on evidence-gathering tasks that in civil proceedings would fall to you.
- Swift international cooperation when assets have been moved to other jurisdictions.
24-hour assistance to prepare your private prosecution
Tel. 681 256 507 · [email protected]
What the firm prepares to support your private prosecution
Sustaining a private prosecution in an economic crime case requires preparing three elements rigorously:
- The factual framework and legal classification. We identify the criminal conduct and the applicable offence: an incorrect initial classification affects the entire case.
- The accounting expert report. This is the key piece of evidence: it quantifies the loss and must withstand the defence’s counter-report.
- Precautionary measures. These are requested in the initial pleading to ensure the conviction has real economic substance.
Civil redress within criminal proceedings (ex delicto)
The civil action arising from a criminal offence (civil liability ex delicto, arts. 109 to 126 CP) is usually pursued within the criminal proceedings themselves. This allows the harm to be redressed through a single route, without parallel civil proceedings. We work on the quantification, the determination of the subsidiary civil liability (companies, insurers, third parties acting in bad faith) and the negotiation of settlements. A criminal judgment with a civil ruling is directly enforceable: there is no need to litigate again to collect.
Private prosecution in economic crime cases: frequently asked questions
Is it preferable to file a criminal complaint (querella) or a report (denuncia)?
A querella requires a court representative (procurador) and a complete legal approach from the outset; a denuncia is simpler. In complex economic crime cases, a querella is usually preferable because it sets out the scope of the proceedings and allows precautionary measures to be requested from the very first pleading.
What is the difference from filing a civil claim?
The civil action within criminal proceedings has the advantage of criminal coercive force, precautionary measures available from the outset, and the public nature of the investigation. When the conduct constitutes an offence, this is usually the preferable route.
Can I act as a private prosecutor and continue the business relationship?
This is not advisable. Filing a querella creates a procedural position incompatible with the normal continuation of the relationship. The strategy must be defined as a whole: either continue the relationship or bring the prosecution, not both at once.
How is the loss quantified for the prosecution?
Through accounting expert evidence. The report must identify the conduct, the specific financial effects, and the quantification using a defensible methodology. The initial figure may be adjusted during the investigation phase as further evidence emerges.
How long does a case last when acting as a private prosecutor?
It varies according to complexity: investigations into economic crimes usually last between one and three years. Negotiating an agreement with reparation can significantly speed up proceedings.
Our office at Goya 20, Madrid
Estudio Jurídico Cervantes & Gª-Escribano
Book an initial assessment or call us directly. We meet 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 (24/7 assistance for detainees)
Call a lawyer for your private prosecution in Madrid
A private prosecution in an economic crime case is decided in the first moves: how precautionary measures are prepared to prevent assets from disappearing, how the damage is quantified through forensic accounting expertise, and which procedural route is chosen. The sooner you call a criminal defense lawyer experienced in economic criminal law and private prosecution, the more scope we have to recover your losses. We assist clients in Madrid city, the Henares Corridor and throughout the national territory. Call us at 681 256 507.
