The dynamism of the European market, together with the principle of cooperation (Art. 3 of the TFEU), are the main causes of the constant growth of European legislation and the need for adaptation by the national legislations of the member states.
Undoubtedly, globalization has brought numerous benefits and opportunities for both member states and their citizens. However, it has also facilitated the creation of new complex criminal offenses with socio-economic content.
Thus, in the face of new multinational scenarios marked by interdependence between national economies, member states, including Spain, have been forced to adapt their provisions to the new context of the need for protection of economic public order.
What is an economic crime?
It can be broadly defined as any typical behavior that, through deceit or error, seeks to obtain an illegitimate benefit, either for oneself or for a third party. The particularity of these crimes lies in the fact that they not only affect the individual dimension by seeking illegitimate benefits, but also undermine the state’s intervention in the economy.
How are economic crimes classified?
They can be classified into the following groups:
Crimes against Public Finance (National and European) or Social Security:
- Fraud offenses
- Customs offenses
- Smuggling offenses
- Offenses against workers’ rights
Corporate crimes
- Falsification of annual accounts or other company documents
- Imposition of abusive agreements
- Adoption of agreements through abuse of blank signature, undue voting rights, or fictitious majorities
- De facto or de jure administrator of a company who, without legal cause, denies or prevents another partner from exercising their legally entitled rights
- Offense of discovery and disclosure of secrets (Cybercrimes)
Extortion offenses
Offense of document forgery
Offenses against intellectual property
Environmental offenses
Legal consequences
Accusations of criminal activities within a company can have devastating consequences for both the company and its partners, not only due to reputational damage but also because of the economic expenses that the various stages of a legal process would entail.
Economic crimes, like many other typical behaviors under the criminal code, can be committed through action or omission. Therefore, the failure of a company to fulfill a specific duty imposed can in itself constitute the commission of a crime, even if it was committed through recklessness or negligence on the part of the company.
That is why appropriate advice at every step of business life ensures that its actions always remain within the framework of legality.
Our team at KP LEX, with absolute expertise in the criminal law field, is the best choice to advise you on the existing legal mechanisms for the detection and prevention of criminal activities.