Since 2010, there are many risks that companies face in compliance with the Penal Code. Reason why “Economic Criminal Law” and “criminal lawyer” has begun to gain importance in the world of economics and business.
The different reforms that the Penal Code has undergone in the last decade have given importance to concepts that, previously, were not heard so frequently. As in the 2012 crisis, people spoke of the risk premium as if they were economists, or as it happened in 2020 with the ERTE and the pandemic, Economic Criminal Law is a specific branch of Criminal Law of great interest for entrepreneurs, big and small, in these times.
And it is that, so that those who do not know it can get an idea, through LO 5/2010 approved by the Congress of Deputies, legal persons, that is, companies, have stopped being unpunished, becoming subjects liable to commit crimes and, therefore, to be convicted. In other words, in 2010 Congress eliminated an aphorism from the Penal Code that, in Latin, read the following: “societas delinquere non potest”. In other words and translating said expression into Spanish, an element that prevented a legal person from committing crimes and being convicted.
Although in other countries it was already done, in Spain this had not been allowed until 2010. This is why it is so important to know what economic criminal law is, as well as the greater utility that criminal lawyers present today in our country. company.
Economic Criminal Law
When we talk about Economic Criminal Law, we are talking about a specific branch of Criminal Law that focuses, on the one hand, on criminal behaviors that can be committed in business activity and, on the other hand, on those that harm the socioeconomic interests of the State. . Among the different types of crimes that this contemplates, we find those that occur against the Tax Agency and Social Security, corporate crimes and socio-economic crimes.
In other words, crimes against the Tax Agency and the SS include tax fraud, fraud with the SS, as well as crimes against the rights of workers. On the other hand, as corporate crimes, there can be the falsification of social documents and accounts, the laundering of assets, imposition of abusive agreements, as well as all those crimes that harm the partners. While, finally, among the socio-economic crimes we can find, among the most common, stock market crimes, fraudulent advertising, money laundering, among others.
As we can see, there are many reasons why a company can be accused of an economic crime. But this does not precisely detract from the importance of the punishments applied in each of the events mentioned previously, since we are talking about sanctions that range from large fines to the suspension of activities for a period of 5 years, for example; and all this, going through the orderly dissolution of the company, which incapacitate the company to continue in the market, with the consequences that this would have for it.
The criminal lawyer: the tool
Having your company closed is an event that no employer would like to face. But this, ultimately, does not depend on us, but on a professional profile that, like the concept itself, is increasingly common in the business world. And it is that if it is difficult for us to understand what Economic Criminal Law is, let’s imagine how it must be to face a procedure of this type.
In this sense, we speak of the criminal lawyer. A lawyer who, among many other activities, is responsible for reducing the consequences of criminal liability. He knows how the criminal process works perfectly and guides us. You know what penalties, fines and penalties we face, and you can reduce them at the same time. Act without making mistakes that could harm the situation for the company during criminal proceedings. Reach satisfactory agreements for all parts of the process through negotiation. Know our rights throughout the process and protect them. And all this, while acting protecting, at all times, our interests and those of our company.
As we can see, we are talking about a kind of lifeline that, in the event that our company were involved in a scandal such as the aforementioned, could even save the company, if we attend to the aforementioned penalties. Therefore, in an increasingly uncertain scenario, in which there are more and more regulations and standards, there are few reasons not to end up resorting to these experts in economic criminal law; experts who, at times, have ended up being the element that has determined the success or failure of thousands and thousands of companies around the world.