At Summons we are specialists in economic criminal law, handling cases as defence and private prosecution. Our clients include public bodies and institutions, companies and private individuals.
In addition to our specific university education specialised in economic criminal law, we have extensive training in commercial law, tax-accounting law and professional civil liability, which is a further specialization in the area of economic criminal law. Furthermore, we have experience as university professors, which means that we are constantly updating our knowledge in such a complex area of criminal litigation.
In general, among the offences that we defend as lawyers specialising in Economic Criminal Law, the following stand out:
In addition to being experts in economic criminal law, we are specialists in regulatory compliance and criminal liability of companies and their directors. An essential mechanism for preventing corporate criminal liability under economic criminal law is the establishment and implementation of effective compliance systems adapted to each situation. We are lawyers specialising in the implementation of compliance programmes and we provide tailor-made training for company managers and employees, with extensive experience in dealing with companies and legal publishers in the development of training for companies and lawyers.
No. The criminal action will also be directed against the defrauding natural person, so that, in addition to the possible criminal liability of the company, the individual may be held liable and his or her assets may be affected. Fraud is one of the most common offences in economic criminal law and, in order to prove it, the following requirements must be met: sufficient deception, mistake on the part of the victim, damage to property and a link between the mistake and the deception. Likewise, in many cases, the offences of embezzlement and punishable insolvency are closely related to the offence of fraud, so it will be necessary to analyse the case carefully for a correct legal classification.
A workplace accident can meet the criteria for a crime against workers' rights, although sometimes workplace accidents do not constitute criminal activity and should be taken to labor jurisdiction. At Summons, as experts in economic criminal law, we will conduct an analysis of the case to avoid resorting to the wrong jurisdiction and thus obtain compensation as quickly as possible.
No. Generally, Spanish Courts prohibit lawyers from self-liquidating fees from compensation, as this could constitute the crime of embezzlement in conjunction with professional disloyalty. Although not common, there have been instances where professionals have appropriated a client's money through unauthorized self-liquidation of fees. In such cases, it is necessary to initiate criminal proceedings to obtain a favorable resolution that condemns the lawyer to the appropriate penalty and the return of the money.
Yes. As a shareholder of a company, I have commercial rights, and the directors can incur corporate crimes as breach of fiduciary duty if they act to the detriment of the company and some shareholders. At Summons, we are experts in economic and commercial criminal law; contact us to analyze the viability of the case.
Yes, it is mandatory to attend the suspect's statement with legal representation, and it is advisable to have a lawyer specializing in economic criminal law, regulatory compliance, and money laundering. Being named as a suspect in an investigation for embezzlement does not mean you are being accused of committing a crime; rather, it indicates that the Court, upon finding evidence of a possible crime, requests the naming of possible suspects to investigate the case.
Unauthorized access and use of confidential documentation can constitute the crime of unauthorized access to personal information. Therefore, if the company has used this documentation to justify the dismissal, it could have committed that crime. At Summons, we will analyze the information provided by the company to the worker, whether there is signed authorization, the ownership of the email account, among other factors. Additionally, at Summons, we work with experts in information technology and telecommunications who will help prove the illicit obtaining of the evidence.
Yes. Our Penal Code does not exclude SMEs from criminal liability, and they can often face the same criminal risks as larger companies. Therefore, the company's administrators should approve the implementation of a compliance program, which will include, among other things, a risk analysis in the company and training for administrators and workers. With our practical and academic experience, at Summons, we specialize in compliance and have experience creating compliance programs for very different sectors.
No. The compliance program does not automatically exempt the company from criminal liability. For it to serve as a basis for exoneration of liability, it must be effective, and one of the requirements is that it is correctly implemented. The implementation of a compliance program depends on the level of training of the employees and administrators, and this will be crucial evidence in a criminal process where the company is under investigation. At Summons, we are experts in compliance training, providing all our clients with documentation that certifies the training received. Additionally, the training is conducted by lawyers and professors specialised in compliance, which is key in proving the correct implementation of the program.
