Bribery

The relevant provisions can be found in the Spanish Criminal Code, particularly in Title XIX, Chapter V (articles 419-427), which addresses offenses against public authorities.

Bribery typically involves the act of offering, giving, receiving, or soliciting something of value (such as money, gifts, favors, or advantages) with the intent to influence the actions of a public official or other individuals in a position of trust.

The key elements often include:

  • Offering, giving or receiving: acts of providing or receiving something of value.
  • Intent: the intention to influence the actions or decisions of the recipient, particularly public officials.
  • Public Officials: bribery often involves transactions with public officials, but it can extend to private individuals in certain circumstances.

 

Penalties:

The penalties for bribery can vary depending on the specifics of the case, including the amount involved, the public office affected and other factors. Penalties may include fines, imprisonment and additional consequences, such as disqualification from public office.

For example:

  • Article 419 provides the following penalty: a prison sentence of three to six years, a fine of twelve to twenty-four months, and special disqualification for public employment or office and for the exercise of the right to passive suffrage for a period of nine to twelve years, without prejudice to the penalty corresponding to the act performed, omitted or delayed by reason of the retribution or promise, if it constitutes a crime.
  • In the article 420 states: imprisonment of two to four years, a fine of twelve to twenty-four months and special disqualification from public employment or office and from the exercise of the right to passive suffrage for a period of five to nine years.

 

Prosecution and Investigation:

Bribery cases are typically investigated and prosecuted by law enforcement agencies and the judiciary. Spain has institutions such as the Anti-Corruption Prosecutor’s Office that play a role in addressing corruption-related offenses.

International Anti-Bribery Standards:

Spain is a signatory to international conventions against corruption, such as the United Nations Convention against Corruption (UNCAC) and the Organization for Economic Cooperation and Development (OECD) Anti-Bribery Convention. These agreements influence and guide Spain’s legal framework for addressing bribery.