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Category Archives: Economic Criminal and Criminal Compliance

Amendment of the Criminal Code to Define New EU Offences

On 25 March 2025, the Council of Ministers approved, in the first round, the Draft Organic Law amending Organic Law 10/1995, of 23 November, of the Criminal Code, with the aim of transposing Directive (EU) 2024/1226 to implement the European Union’s (hereinafter, “EU”) decisions in sanctioning matters (hereinafter, “Draft Law”).​ Objective of Directive (EU) 2024/1226 […]

When is Intimidation Criminally Relevant?

The Concept of Intimidation in Criminal Law: Coercion, Threats, or Extortion? It is not uncommon for a criminal law practitioner to encounter situations, whether in negotiations or conflicts, where one person “intimates” another, and the latter perceives themselves as having been “intimidated.” In such cases, the legal professional must determine: Are we dealing with the […]

Key Aspects of the Statute of the Independent Authority for Whistleblower Protection

Overview of the Most Relevant Provisions of the Statute More than a year after the approval and entry into force of Law 2/2023, of 20 February, governing individuals who report regulatory breaches and combat corruption (hereinafter, “Law 2/2023”), Royal Decree 1101/2024, of 29 October, approving the Statute of the Independent Authority for Whistleblower Protection (hereinafter, […]

How is a request processed in Spain for a convicted individual abroad to serve their sentence in Spain?

We will distinguish between two scenarios: if the sentence was imposed by a European Union Member State or another State. Procedure for the Transfer to Spain of Individuals Sentenced in a European Union Member State The Ministry of Justice lacks competence in this area. Competent judicial authorities handle the transfer request directly from a Member […]

Acquittal of Our Client in the Well-Known Case of the Santa Margarita de Cortona Sculpture Attributed to the Granada Sculptor José de Mora

At Ayuela Jiménez, we are pleased to share the recent acquittal of our client (a renowned art dealer) of the charge of receiving stolen goods, after having purchased a valuable 18th-century Baroque sculpture without knowledge of its illicit origin, as acknowledged by the Provincial Court of Granada in Judgment 447/2024, dated 9 October. The Facts […]

Can unlawful evidence obtained abroad be used in Spanish proceedings?

We analyse the extent to which the fundamental rights recognised in our Constitution are binding with respect to evidence obtained abroad. Global interconnection is a reality that is transcending from the merely economic to the justice sector and, in this article, we turn our attention from this expansion to a specific challenge posed by evidence […]

Can proceedings filed abroad have the effect of res judicata in Spain?

The so-called exception of res judicata, specifically contemplated in criminal proceedings as one of the articles of pre-judgment (art. 666.2 LECrim), is a direct consequence of the ne bis in idem principle, configured as a fundamental right contemplated in article 25.1 CE. The prohibition of incurring in this principle includes, in its procedural aspect, the […]

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