Best White Collar Crime Lawyers in Arona

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Founded in 2002
English
Lapeña & De Benito Abogados is a Tenerife based firm founded by Ismael Lapeña and Guillermo de Benito in 2002. The practice delivers multidisciplinary legal services across civil, penal, administrative and mercantile matters, supported by a broad network of collaborators to provide coverage...
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1. About White Collar Crime Law in Arona, Spain

White collar crime covers non-violent offenses committed for financial gain by business professionals, executives, or corporate entities. In Arona, Tenerife, residents and local businesses can face criminal charges for issues like tax fraud, fraud in commercial dealings, corporate mismanagement, or money laundering. The legal framework combines the Spanish Penal Code with procedural laws and enforcement by the Guardia Civil, Policía Nacional, and the courts located in the Canary Islands.

The primary framework is nationwide, but local practice in Arona reflects the Canary Islands courts and enforcement structures. If you are under investigation or facing charges, a local solicitor with white collar experience can explain how the Canary Islands system applies to your case. Understanding both national principles and local court practices is essential for building a strong defense.

2. Why You May Need a Lawyer

  • A tourism business in Los Cristianos is investigated for VAT fraud, with potential criminal charges and penalties. A lawyer can evaluate how tax offenses are alleged and protect your rights during inquiries.
  • A Canarian contractor faces accusations of falsifying accounts to win a public works contract. A solicitor can challenge the evidence, review bookkeeping, and advise on pre-trial remedies.
  • An Arona restaurant is alleged to have used fake invoices to reduce tax payments. A defense attorney can scrutinize invoicing records and demand proper procedural handling.
  • A company administrator in Tenerife is suspected of embezzlement or misappropriation of funds. A white collar lawyer can assess fiduciary duties, potential charges, and possible plea options.
  • Money laundering investigations involve funds moved through shell entities linked to Arona businesses. A legal counsel can help with pre-trial strategies and disclosure obligations.
  • A municipal contractor faces bribery allegations in a Canary Islands procurement process. A qualified attorney can examine contact records, procurement rules, and applicable criminal thresholds.

3. Local Laws Overview

The core framework comprises the Penal Code and related procedural rules, plus specific measures for financial crime. In Arona you will encounter national laws applied by the Canary Islands judiciary and local enforcement units.

  • Ley Orgánica 10/2010, de 28 de abril, de prevención del blanqueo de capitales y de la financiación del terrorismo. This law obliges entities and professionals to implement due diligence, report suspicious activity, and maintain compliance records. It applies to Arona businesses such as hotels, casinos, and real estate agencies that handle funds or assets. Source: Ministerio de Justicia
  • Código Penal (Penal Code). This code defines crimes including estafa (fraud), delitos societarios (corporate crimes), falsedades documentales y delitos fiscales. It sets penalties and the general framework for criminal liability in Spain, including cases arising in Arona. Source: Boletín Oficial del Estado
  • Ley de Enjuiciamiento Criminal (Criminal Procedure Law). This law governs investigation, instruction, and trial procedures. In Arona, investigations typically proceed through the Juzgados de Instrucción and proceed to the Audiencia Provincial of Santa Cruz de Tenerife as needed. Source: Poder Judicial

Recent years have seen ongoing emphasis on white collar enforcement, with tighter AML controls and more rigorous corporate accountability. For residents of Arona, this means careful record-keeping, clear accounting, and timely legal counsel when inquiries arise. Consult a local solicitor early to understand how these laws apply to your situation.

4. Frequently Asked Questions

What is white collar crime in Spain?

White collar crime includes non-violent offenses for financial gain by professionals or businesses. Common examples are tax fraud, corporate crimes, fraud, and money laundering.

How do I know if I am under investigation in Arona?

You may receive formal notification from authorities or be contacted by your lawyer about ongoing inquiries. Do not discuss the case with third parties or on social media.

When does a case become a criminal matter rather than an administrative issue?

A case becomes criminal when authorities file formal charges alleging offenses under the Penal Code. Administrative matters involve sanctions from tax or regulatory bodies without criminal proceedings.

Where are white collar cases in Arona typically heard?

Initial proceedings are in local Juzgados de Instrucción within Tenerife, with appeals heard by the Audiencia Provincial of Santa Cruz de Tenerife.

Why should I hire a white collar crime lawyer quickly?

Early legal representation helps protect rights, preserves evidence, and shapes a defense strategy before formal charges or interviews occur.

Can I represent myself in a white collar case in Spain?

Self-representation is allowed, but a lawyer increases your ability to understand complex evidence and procedural rights.

Should I talk to investigators without my lawyer present?

No. It is generally best to speak with investigators through your lawyer to avoid inadvertent admissions or misinterpretations.

Do I need a local Arona lawyer or can I hire someone from Tenerife?

A local arias lawyer with white collar experience in Tenerife is often advantageous due to familiarity with local courts and procedures.

Is there a difference between tax fraud and VAT fraud?

Tax fraud covers broader fiscal offenses, while VAT fraud specifically targets value-added tax evasion. Both are criminal offenses under the Penal Code.

How long does a white collar case in Spain typically take?

Investigations can last several months, while trials may extend 12-24 months or more, depending on complexity and court workload.

What are typical costs for a white collar defense in Arona?

Costs vary by case complexity and counsel experience. Typical expenses include retainer fees, hourly rates, and court or expert fees.

5. Additional Resources

These official sources provide authoritative information on justice matters, court procedures, and tax compliance relevant to white collar crime.

  • Ministerio de Justicia - https://www.mjusticia.gob.es - central policy and information on justice, courts, and reform initiatives in Spain.
  • Poder Judicial - https://www.poderjudicial.es - official portal for court information, jurisprudence, and procedural guidance.
  • Boletín Oficial del Estado - https://www.boe.es - publishes laws, decrees, and official notifications relevant to all litigants.

6. Next Steps

  1. Identify your current status and any pending notifications in Arona or Tenerife. Note dates, references, and names of officers involved. This helps plan your defense timeline up front.
  2. Find a local white collar crime solicitor in Arona or Tenerife with demonstrable experience in the relevant offenses. Request a concrete case history and a written fee proposal.
  3. Arrange an initial confidential consultation to discuss charges, potential defenses, and possible pre-trial remedies. Bring all documents and communications you have received.
  4. Have your lawyer conduct a comprehensive document review, gather accounting records, and identify witnesses or experts needed for your defense.
  5. Agree on a defense strategy and, if appropriate, request pre-trial measures such as bail or the suppression of evidence. Your lawyer should explain risks and likely outcomes.
  6. Clarify costs, retainer arrangements, and potential contingency fees. Establish a payment plan that aligns with the case timeline and expected work.
  7. Maintain secure, organized records and avoid sharing case details publicly. Communicate only through your lawyer or authorized representatives.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.