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Criminal Law

Practising criminal law today requires profound specialist knowledge. Essentially, this is due 1) to the expansion of criminal law into areas traditionally reserved to public or private law, 2) to the internationalisation of criminal law, bolstered by extraterritorial prosecution systems (which are increasingly common) and to a reinforcement of international judicial assistance mechanisms and 3) to constant developments of domestic and international criminal laws.

The introduction within Spanish criminal law of a system based on the criminal liability of corporate persons (additional to the liability of directors and managers) has altered the way in which criminal law is practiced. Criminal lawyers must now be independent advisors in implementing measures designed to keep businesses out of criminal trouble.

Knowledge of applicable criminal laws has become instrumental in any corporate transaction (e.g. mergers and acquisitions) that takes place in Spain and for Spanish investors abroad.

Roca Junyent relies on Molins&Silva to advise its clients on criminal litigation and preventative criminal law. Molins&Silva professionals are experts in Spanish and international criminal law and assist Roca Junyent's clients both in Spain and abroad, delivering the kind of personalised service to be expected from both firms.

Molins& Silva advises Roca Junyent's clients on the following areas:

Fraud, misappropriation, fraudulent asset stripping and bankruptcy, IP and copyright fraud, forgeries.

Corporate conflicts
False corporate information, abusive and harmful corporate resolutions, denial of information, disloyal management.

Unfair competition, protection of business secrets, price alterations, corruption among private individuals, consumers’' protection.

Banking and stock exchange
Financial fraud, credit and investment fraud, crimes related to means of payment, misuse of insider information.

Tax related crimes
Tax and Social Security frauds, fraud to the EU (tax and subsidies), money laundering, smuggling, anti-trust.

Urban planning and the Environment
Construction on protected land, crimes related to soil, air, and acoustic pollution, waste management, trafficking of protected species, protection of historical and artistic heritage.

Professional negligence
Manufacturers and distributors, healthcare professionals, construction professionals and transport professionals.

New technologies
Crimes against property, honour, privacy, sexual integrity via the internet, email related offences.

Protection of life, physical integrity, health; domestic violence, protection of family relationships.

Honour and freedom
Insults, libel, coercion, unlawful detention and threats, sexual offences.

Public Administration and Justice Administration
Bribe, misappropriation, prevarication, corruption, perjury, procedural fraud.

Corporate defence
Design of criminal compliance programs, defence of corporations in court.

European defence
European arrest warrants, European attachment orders, European evidence protective orders, pre-trial issues before the European Union Court of Justice, and coordination of defence teams based in other European jurisdictions.

International defence
Extradition, appeals before the European Court of Human Rights, coordination of defence teams based in foreign (non-European) jurisdictions.

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