At Soler Martín Abogados, we are experts in the defense of bribery accusations, a crime that compromises the integrity of the Public Administration by involving the improper use of public influence or power for personal benefit. Our extensive experience in the criminal field allows us to offer a rigorous defense adapted to each case.
What is bribery?
Bribery is a crime that occurs when a public official or authority requests, accepts or receives a gift, favor or reward in exchange for performing an act that is unjust or contrary to his or her duties. This offense may also involve a private individual offering or promising a benefit to the official in order to obtain an illicit advantage.
Bribery is regulated in articles 419 to 427 of the Spanish Criminal Code, and its objective is to protect the impartiality and legality of the Public Administration. It is a crime that can take different forms, depending on the nature of the action and the person involved.
Types of bribery
There are several types of bribery, which vary according to the action performed and the position of the parties involved:
- Passive bribery: This type of bribery occurs when a public official or authority accepts or requests a benefit in exchange for performing an act that goes against his or her duties. It includes both the receipt of a bribe and the solicitation of a gift.
- Active bribery: In this case, it is the individual or company that offers or promises a reward to the official in exchange for influencing public decision-making.
- Improper bribery: Occurs when the official accepts a gift or benefit, without an explicit request to perform an act contrary to his duties. Although there is no direct illicit action, the intention to influence the impartiality of the official is punished.
- International bribery: This modality is applied when the bribery offense involves officials or authorities of other countries, in situations related to international contracts or decisions.
Consequences of the crime of bribery
Penalties for bribery vary depending on the type of offense committed and the seriousness of the conduct. Some of the most common consequences include:
- Prison sentence: In cases of passive bribery, the penalties may range from 3 to 6 years imprisonment if the illegal act seriously affects the functioning of the Public Administration. For active bribery, the penalties may vary between 1 and 4 years, depending on the seriousness of the act.
- Financial penalties: In addition to imprisonment, the convicted person may face financial penalties that may double or triple the value of the bribe received or offered.
- Absolute disqualification: Bribery also entails disqualification from holding public office. In the most serious cases, this disqualification can be perpetual, which prevents the convicted person from holding public office in the future.
Bribery is one of the most serious crimes within the Public Administration, as it directly affects the trust of citizens in the institutions and in the legality of their actions. Therefore, it is essential to have an experienced and technical criminal defense that guarantees adequate representation.
Defense in bribery cases
At Soler Martín Abogados, our approach to defense in bribery cases focuses on providing a rigorous representation, based on a detailed analysis of the facts and the identification of possible violations of the defendant's rights. The main steps we follow in the defense of these cases include:
- Initial case evaluation: We thoroughly analyze the nature of the allegations, testimony and documentary evidence presented by the prosecution. This initial analysis is crucial to build a solid defense strategy.
- Evidence and witnesses: We thoroughly investigate the evidence provided and present witnesses and evidence that may contradict the accusation or mitigate the seriousness of the facts.
- Question of intent: In some cases, the defense may be based on lack of intent or on proof that the accused did not act with the will to violate his duties as an official.
- Appeals and appeals: If the case goes to trial and a conviction is handed down, we manage the relevant appeals to appeal the sentence and seek a favorable review in higher instances.
Differences between bribery and other crimes
It is important to distinguish bribery from other similar crimes, such as prevarication or influence peddling. Although these crimes also affect the legality of public actions, bribery directly involves the delivery or solicitation of an economic or material benefit. In contrast, prevarication refers to the issuance of unjust resolutions by an official, while influence peddling focuses on the improper use of relationships or contacts to influence administrative decisions.
Why choose Soler Martín Abogados?
At Soler Martín Abogados, we have extensive experience in the defense of bribery cases and other crimes against the Public Administration. Our personalized approach and our ability to deal with complex situations allow us to offer a robust and well-founded defense.
We know that facing criminal proceedings for bribery can generate great concern and uncertainty, so our team of lawyers is committed to maintaining clear and constant communication, explaining each step of the process and exploring all possible options to obtain the best result.
Conclusion
The crime of bribery is one of the most serious criminal offenses, as it affects public confidence in the administration of justice. At Soler Martín Abogados, we have a team of dedicated and experienced professionals who will work tirelessly to defend your rights and protect your reputation. If you are facing a bribery accusation or need legal advice, do not hesitate to contact us.
