In Spain, companies can be held responsible for crimes committed by their employees in the course of their work if the actions were intended to benefit the company. Companies can be charged with various criminal offenses, including fraud and corruption, and may face fines, asset confiscation, and other penalties if found guilty. To prevent criminal liability, companies should implement compliance programs, including training, policies, and reporting systems, to prevent illegal or unethical behavior. It is important for companies to be aware of their potential criminal liability and to seek legal assistance to ensure compliance with the law.
The following text focuses on the European Arrest Warrant (EAW), which establishes both mandatory and optional reasons for the refusal to surrender a person to another country. The mandatory grounds for refusal include pardon, acquittal, minority, prescription, and immunity, while the optional grounds include lis pendens, nationality or residence with family or economic ties, among others. Furthermore, although not considered explicit grounds, the CJEU has recognized the possibility of invoking the risk of inhuman and degrading treatment or the violation of fundamental rights. It is essential to know these grounds for refusal to ensure respect for fundamental rights in the European context.
Corporate criminal liability is an increasingly important topic in modern criminal law. In the past, companies were not considered liable for committing crimes, as only individuals could be held responsible. However, many jurisdictions, including the European Union and the United States, have implemented laws that allow companies to be penalized for criminal actions. This change in the law has been motivated by corporate scandals in recent decades, which have demonstrated that a lack of corporate criminal liability can lead to a culture of impunity and corruption. The corporate criminal liability model is based on the idea of self-responsibility, which means that the company is responsible for its own crime, whether of mere activity or passivity, and is distinct from individual crime. To hold a company responsible for a crime, it must be shown that the company's organization or structure favored the commission of the crime and that the crime was committed in the course of the company's activities, for its direct or indirect benefit. Companies can avoid criminal liability by taking preventive measures and collaborating in investigations.
Jorge Agüero Lafora participated in an important trial at the Audiencia Nacional, defending the only accused of a terrorist murder crime. The defense argued that the client was not involved in the crime, and that the Spanish court did not have jurisdiction as the crime was committed abroad and had no connection to the Spanish state. Additionally, it was argued that the interpretation of the terrorist crime used in the case was against the principle of legality.
A person detained or arrested in Spain has the right to be informed of the reasons for the arrest, to remain silent, to have legal counsel present, to communicate with consular authorities (if a foreign national), to be brought before a judge within 72 hours, and to be treated with dignity and respect. It is important to contact a criminal lawyer for legal assistance and representation if you are under arrest. Do not hesitate to exercise your rights and seek legal aid if necessary. Criminal lawyer 24/7
A team member has published an article in a socially important newspaper on the topic of consent in sexual assault crimes. The article discusses the new Organic Law 10/2022 of September 6, 2022, which provides comprehensive protection for sexual freedom, and questions whether it addresses credibility issues faced by victims of sexual assault.