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On receiving stolen goods and money laundering

Articles 301 to 304 of the Spanish Criminal Code

Money Laundering Lawyers in Spain

On receiving stolen goods and money laundering

Spanish Criminal Code | We specialize in Money Laundering

 

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We are well-regarded as one of the best criminal law firms in Spain, and we specialize in money laundering. Our experienced team of criminal lawyers can represent you in any Spanish court for your money laundering case. We can provide criminal law advice, assist you with a criminal appeal or provide representation and specialist advice for a criminal trial.

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...The punishment shall be imposed in its upper half when the assets have their origin in any of the criminal offences related to trafficking toxic drugs, narcotics or psychotropic substances described in Articles 368 to 372 of this Code... We are Money Laundering Lawyers in Spain



 

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Spanish Criminal Law on Money Laundering

Organic Act 10/1995, dated 23rd November, on the Criminal Code | Articles 301 to 304

 

Article 301

 

1. Whoever acquires, possesses, uses, converts, or conveys assets, knowing they originate from a criminal activity, committed by himself or by any third party, or who perpetrates any other deed to hide or conceal their unlawful origin, or to aid the person who participated in the criminal offence or criminal offences to avoid the legal consequences of his deeds, shall be punished with a sentence of imprisonment of six months to six years and a fine from one to three times the value of the goods. In these cases, the Judges or Courts of Law, in view of the severity of the deed and the personal circumstances of the offender, may also sentence him to the punishment of special barring from exercise of his profession or industry for a term from one to three years, and order the measure of temporary or definitive closing of the establishment or premises. If the closing is temporary, its duration may not exceed five years.

The punishment shall be imposed in its upper half when the assets have their origin in any of the criminal offences related to trafficking toxic drugs, narcotics or psychotropic substances described in Articles 368 to 372 of this Code. In these cases, the provisions set forth in Article 374 of this Code shall be applied.

The punishment shall also be imposed in its upper half when the assets originate from any of the criminal offences included in Chapters V, VI, VII, VIII, IX and X of Title XIX or in any of the criminal offences of Chapter I of Title XVI.

2. The same penalties shall be used to punish, as appropriate, hiding or concealment of the true nature, origin, location, destination, movement or rights to the assets, or their ownership, knowing that they originate from any of the criminal offences described in the preceding Section or a deed of participation therein.

3. Should the deeds be perpetrated due to gross negligence, the punishment shall be imprisonment from six months to two years and a fine of one to three times thereof.

4. The offender shall also be punished even though the criminal offence from which the assets, or the deeds punishable pursuant to the preceding Sections may have been committed, full or partially, abroad.

5. Should the offender have obtained gains, these shall be confiscated pursuant to the rules of Article 127 of this Code.
 

Money Laundering Lawyers in Spain

We specialize in receiving stolen goods and money laundering | Money Laundering Lawyers in Spain

 

Article 302

 

1. In the cases foreseen in the preceding Article the custodial sentences shall be imposed in the upper half on those pertaining to an organisation dedicated to the purposes stated therein, and the higher degree punishment on the bosses, managers or persons in charge of those organisations.

2. In such cases, when pursuant to the terms established in Article 31 bis, a legal person is responsible, it shall have the following penalties imposed thereon:

a) Fine from two to five years, if the criminal offence committed by a natural person has a punishment of imprisonment foreseen exceeding five years;

b) Fine of six months to two years, in the rest of the cases.

Pursuant to the rules established in Article 66 bis, the Judges and Courts of Law may also impose the penalties established in Sub Paragraphs b) to g) of Section 7 of Article 33.
 

Article 303

 

Should the deeds foreseen in the preceding Articles be perpetrated by an entrepreneur, intermediary in the financial sector, a medical practitioner, civil servant, social worker, teacher or educator, when carrying out the duties of his office, profession or trade, in addition to the relevant punishment, he shall also be sentenced to special barring from public employment and office, profession or trade, industry or commerce, for three to ten years. The punishment of absolute barring shall be imposed from ten to twenty years when such deeds are carried out by an authority or agent thereof.

To that end, medical practitioners are construed to be doctors, psychologists, persons who hold higher education health and veterinary qualifications, pharmacists and their employees.
 

Article 304

 

Provocation, conspiracy and solicitation to commit the criminal offences foreseen in Articles 301 to 303 shall be punished, respectively, with the punishment lower by one or two degrees.
 


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