At Soler Martín Abogados, we offer specialized defense in crimes of influence peddling, a serious crime that affects fairness and transparency in public administration. With our experience in criminal law, we are committed to providing effective legal representation for our clients.
What is influence peddling?
Influence peddling is a crime that occurs when a person uses his or her personal influence to get an authority or public official to make a decision or perform an action that unduly benefits that person or a third party. This crime can occur in both the public and private spheres, and is regulated in article 428 of the Spanish Penal Code.
This offense seeks to preserve the integrity of administrative procedures and prevent public decisions from being manipulated in favor of particular interests, undermining equal opportunities and citizens' trust in institutions.
Types of influence peddling
There are several ways in which influence peddling can manifest itself:
- Public influence peddling: Occurs when an official uses his or her position to influence the decisions of other officials or authorities for his or her own benefit or that of third parties.
- Private influence peddling: This involves a person, who is not an official, taking advantage of his relationship with an authority to obtain favors or decisions that benefit him or a third party in administrative or judicial proceedings.
Both forms of the crime can seriously affect the proper functioning of the Public Administration, since decisions are not made in accordance with the law or the public interest, but to unduly benefit persons with connections or power.
Legal consequences of influence peddling
The consequences of being convicted of influence peddling can be severe, including:
- Prison: Prison sentences vary depending on the seriousness of the crime, but in general, the Penal Code establishes sentences ranging from 6 months to 2 years.
- Disqualification: Those convicted of influence peddling are usually disqualified from holding public office or public functions for a specified period of time. In some cases, the disqualification may be perpetual.
- Fines: In addition to custodial sentences, convicted persons may face significant fines, which vary according to the benefit obtained or the damage caused.
Trading in influence is a complex crime that often involves multiple actors and administrative or judicial processes. Therefore, it is essential to have a team of expert lawyers who can ensure a robust and adequate defense.
Defense strategies in influence peddling cases
At Soler Martín Abogados, we have developed a personalized approach to defend our clients against accusations of influence peddling, based on:
- Detailed analysis of the facts: We review in depth the background and the accusation to identify possible irregularities or evidence that can be refuted.
- Challenging the relationship of influence: One of the keys to the defense is to demonstrate that there was no relationship of unlawful influence or that the decision taken was not the result of such influence.
- Evidence review: We investigate the legality of evidence presented, including communications, contracts or testimony, and look for weaknesses in the chain of custody or in the procurement of such evidence.
- Plea bargaining: In some cases, it may be possible to reach agreements with the prosecution to reduce sentences, provided it is in the best interest of the client.
Differences between influence peddling and bribery
It is important not to confuse influence peddling with bribery. While in bribery favors or money are exchanged for the performance of an illicit act, in influence peddling there is not always an economic consideration, but a pressure or exploitation of the personal relationship to obtain an illicit benefit. Although both crimes affect the transparency of the Public Administration, influence peddling is more focused on the abuse of personal relationships or power.
Why choose Soler Martín Abogados?
Our experience in the defense of crimes against public administration, such as influence peddling, allows us to offer our clients expert and dedicated legal representation. At Soler Martín Abogados, we understand the importance of protecting the rights and reputation of our clients, and we work strategically to minimize the impact of the accusations.
We know that facing criminal proceedings can be distressing, so we provide clear and direct advice during all phases of the case, maintaining constant communication and always seeking the best outcome for our clients.
Conclusion
Influence peddling is a crime that seriously compromises fairness in public decisions and can have serious legal consequences. At Soler Martín Abogados, we are prepared to offer you the defense you need in the face of such an accusation. If you are facing charges of influence peddling or need legal advice, do not hesitate to contact us for a consultation.
