At Soler Martín Abogados, we specialize in the defense of cases of embezzlement of public funds, one of the most serious crimes within the field of crimes against public administration. Our team has a solid background in this type of crime, providing a strategic and personalized approach to each case.
What is embezzlement of public funds?
Embezzlement of public funds consists of the misappropriation, subtraction or misuse of public property or funds by an official or authority, or by those in charge of their management. This crime is an attack on public resources, directly affecting confidence in institutions and public servants.
According to the Spanish Criminal Code, this offense is regulated in articles 432 to 435, and distinguishes between several types of embezzlement depending on the seriousness of the act and the value of the embezzled funds. The term "public funds" includes not only money, but also goods and effects owned by the Public Administration.
Types of embezzlement
There are several types of embezzlement of public funds, depending on the action taken and the seriousness of the crime:
- Embezzlement by misappropriation: When the public official or authority directly appropriates public funds or property for his own benefit or that of third parties.
- Embezzlement by misuse: Occurs when the official does not directly appropriate the assets, but uses them improperly or for purposes other than those for which they were intended.
- Embezzlement by gross negligence: In this case, the offense is committed without direct intent to embezzle, but due to negligent conduct that generates losses to the public treasury.
In all these cases, it is important to emphasize that not only public officials can be liable for embezzlement. Private individuals who, in any way, manage public property or funds can also be charged with this offense.
Criminal Consequences of Embezzlement
The penalties imposed for embezzlement are severe, as this crime is considered a serious offense against public order and management. Sanctions may include:
- Prison sentence: The length of the prison sentence varies depending on the amount of embezzled assets. In serious cases, the penalty can range from 4 to 8 years imprisonment. If the embezzlement has caused particularly serious damage to public assets, the penalty may be increased to 12 years.
- Absolute disqualification: Those convicted of embezzlement may be permanently disqualified from holding any public office or employment. The duration of the disqualification may vary, but in the most serious cases, it may be up to 20 years.
- Financial penalties: In addition to imprisonment and disqualification, the person responsible for embezzlement must compensate the Public Administration for the damages caused, and may face significant financial penalties.
It is essential that in any process related to the embezzlement of public funds, a solid criminal defense be available from the beginning. A conviction will not only affect the defendant's freedom, but also his or her reputation and career.
Criminal proceedings in an embezzlement case
The criminal prosecution for embezzlement follows a series of steps that must be carefully followed by the defense. These include:
- Investigation Phase: This is where evidence is gathered to determine whether or not embezzlement occurred. It is crucial that the defense begins work at this stage to examine and, if necessary, challenge the evidence presented by the prosecution.
- Investigation of the case: During this stage, the investigating judge evaluates the evidence and decides whether there is sufficient evidence to bring the case to trial. The defense strategy will be key to achieve, if possible, the dismissal of the case before trial.
- Oral trial: If the case goes to trial, the Soler Martín Abogados team will work to prove the defendant's innocence or, failing that, reduce the seriousness of the accusations by presenting solid evidence and arguments.
- Judgment and appeal: If a conviction is handed down, it is possible to file appeals to appeal the court's decision, something that should be handled by lawyers experienced in this type of proceedings.
Strategies for defending against an accusation of embezzlement
At Soler Martín Abogados, we are aware that not all embezzlement cases are the same, and each defense must be tailored to the client's circumstances. Some of the strategies we employ in these types of cases include:
- Questioning the evidence: The defense will focus on challenging the validity of the evidence presented, demonstrating that there are insufficient elements to prove the existence of the crime.
- Proof of good faith: In some cases, it is possible to demonstrate that the defendant acted in good faith, without intent to cause damage to public property, which can considerably reduce the penalty.
- Errors in the quantification of funds: Occasionally, errors are made in the valuation of embezzled funds or assets, which can significantly change the seriousness of the allegations.
Why choose Soler Martín Abogados?
At Soler Martín Abogados, we have extensive experience in the defense of accusations of embezzlement of public funds. Our team of criminal lawyers is characterized by a deep knowledge of the laws and procedures related to this crime, which allows us to offer a technical and effective defense.
We know that facing an accusation of this caliber can be a distressing and complicated experience, which is why we accompany our clients throughout the process, ensuring that their rights are respected at every stage of the criminal procedure.
Conclusion
Embezzlement of public funds is one of the most severe crimes in the field of criminal law. At Soler Martín Abogados, we are prepared to offer you the best possible defense, with a team committed to finding solutions that protect your interests and rights. If you find yourself in this situation or need advice, do not hesitate to contact us.
