Unfair Administration

Breach of fiduciary duty

Being accused of a breach of fiduciary duty can place you in an extremely delicate legal and professional position. These cases often arise in corporate, financial, or family-business contexts, where decisions made in positions of trust are later questioned or reinterpreted as criminal conduct. The legal consequences can be serious, but so can the reputational impact. 

At Chabaneix Abogados, we provide strategic, discreet, and highly specialized defense for individuals accused of breach of fiduciary duty under Spanish criminal law. Our role is to protect your rights, clarify the context of your actions, and build a defense that reflects both the legal and human reality of your situation. 

What is breach of fiduciary duty under Spanish criminal law?

In Spain, what is commonly referred to in English as breach of fiduciary duty corresponds to the criminal offense of administración desleal, regulated under Article 252 of the Spanish Criminal Code. 

This offense applies when a person who has authority to manage another person’s assets, such as a company director, administrator, partner, attorney-in-fact, or trustee, exceeds their powers or acts disloyally, causing economic harm to the assets entrusted to them. 

Situations that may lead to criminal charges include: 

• Misuse of company funds or assets 
• Making decisions that benefit third parties to the detriment of the company 
• Acting beyond granted authority 
• Concealing relevant financial information 
• Causing unjustified economic loss through disloyal management 

Potential penalties 

If convicted, breach of fiduciary duty may result in: 

• Prison sentences, depending on the severity of the damage 
• Fines 
• Restitution or compensation for financial losses 
• Disqualification from managing companies or holding certain positions 
• A criminal record, with long-term professional consequences 

It is important to stress that not every poor business decision or management error constitutes a crime. Criminal liability requires proof of disloyal conduct and actual economic harm. This distinction is often at the heart of a strong defense. 

How a breach of fiduciary duty defense lawyer protects you

At Chabaneix Abogados, we understand that fiduciary duty cases are rarely straightforward. They often involve complex corporate structures, internal disputes, or conflicts between partners or shareholders. Our defense approach is meticulous, strategic, and fully personalized. 

Early legal intervention 

From the moment you become aware of an investigation or complaint, early legal representation is critical. Acting quickly allows us to guide your communications, protect your procedural rights, and prevent missteps that could be used against you. 

Detailed financial and legal analysis 

We conduct an in-depth review of: 

• Corporate documentation and bylaws 
• Powers of attorney and management authority 
• Accounting records and financial transactions 
• Internal communications and decision-making processes 
• The alleged economic damage and its real origin 

This analysis allows us to determine whether the conduct genuinely meets the criminal threshold or whether the matter should be resolved in the civil or commercial sphere. 

Challenging intent and causation 

Criminal breach of fiduciary duty requires proof of intentional disloyal conduct and actual economic harm. As your defense lawyers, we focus on demonstrating: 

• Legitimate business judgment 
• Actions taken in good faith 
• Lack of personal benefit 
• Absence of causal link between decisions and alleged damage 
• Business risk rather than criminal intent 

Negotiation and strategic resolution 

When appropriate, we pursue negotiated solutions aimed at minimizing legal and reputational impact, including restitution-based outcomes that avoid trial and conviction. 

Why choose Chabaneix Abogados

Choosing the right defense lawyer in breach of fiduciary duty cases is essential. These matters often involve high financial stakes, professional reputations, and complex legal arguments. 

Clients trust Chabaneix Abogados because we offer: 

• Extensive experience in white collar and corporate crime defense 
• Deep knowledge of Spanish criminal, corporate, and financial law 
• Discreet handling of sensitive internal and business matters 
• Clear, honest communication throughout the process 
• Tailored defense strategies, adapted to each client’s role and circumstances 

We regularly represent executives, company directors, partners, and professionals facing allegations related to fraud, misappropriation, corporate disputes, and other economic crimes. This broader perspective strengthens our approach in fiduciary duty cases. 

Act early — your defense starts now

If you are under investigation or facing accusations of breach of fiduciary duty, delaying action can significantly limit your defense options. Early legal intervention is one of the most effective ways to protect your rights and your future. 

• Schedule a confidential consultation with Chabaneix Abogados 
• All conversations are strictly private and judgment-free 
• Appointments available in person or remotely

We are ready to listen, assess your situation, and defend you with professionalism, discretion, and determination. 

Schedule a confindential consultation

Frequently asked questions

What is breach of fiduciary duty in Spain?

It refers to disloyal management of assets entrusted to a person, regulated under Article 252 of the Spanish Criminal Code as administración desleal.

Can a bad business decision be a crime?

No. Poor management alone is not criminal. Criminal liability requires disloyal conduct and proven economic harm.

Who can be accused of breach of fiduciary duty?

Company directors, administrators, partners, attorneys-in-fact, and anyone entrusted with managing another person’s assets.

What penalties can apply?

Penalties may include prison sentences, fines, restitution, and professional disqualification, depending on the severity of the damage.

Should I speak to authorities without a lawyer?

No. Always seek legal advice before making statements or providing documentation.