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About White Collar Crime Law in Bilbao, Spain

White collar crime refers to non-violent, financially motivated offenses committed by individuals, companies, or public officials. In Bilbao - a major city in the province of Bizkaia within the Basque Country - white collar matters typically involve fraud, tax offences, money laundering, embezzlement, corruption, insolvency-related crimes, accounting and securities irregularities, and corporate liability issues. Cases can be investigated by regional police forces, national authorities, tax investigators and prosecutors, and are prosecuted under Spanish criminal and administrative frameworks. Because Bilbao is part of Spain and the Basque autonomous community, national laws apply together with regional institutions that may assist in detection and prevention of economic crime.

Why You May Need a Lawyer

White collar investigations and prosecutions are often complex, technical and document-heavy. You may need a lawyer if you face any of the following situations - police or prosecutor questioning; formal charges or summons; searches or seizure of business records; freezing of bank accounts or assets; company board or shareholder disputes with potential criminal exposure; allegations of tax evasion or social security fraud; money laundering inquiries linked to business operations; internal compliance failures that could trigger corporate liability; cross-border investigations involving foreign authorities; or regulatory enforcement actions that may lead to criminal proceedings. A specialist lawyer can protect your procedural rights, help contain reputational and financial risks, coordinate with forensic accountants, advise on negotiation and settlement strategies, draft or implement compliance measures, and represent you at trial and on appeal.

Local Laws Overview

Key legal pillars that govern white collar crime in Bilbao include the Spanish Criminal Code - which sets out offences such as fraud, bribery, embezzlement, tax crimes and money laundering - and the Spanish Criminal Procedure Law - which regulates investigations, pre-trial measures, and trials. Spain recognises criminal liability for legal persons - a reform that allows prosecution of companies when offences are committed for their benefit. That regime also recognises the mitigating or exculpatory value of effective compliance programmes - a corporate-model defence often referred to in practice as Article 31-bis mitigation. Money laundering prevention is governed by a specific law that imposes reporting obligations on financial institutions and certain businesses, supervised by a national financial intelligence unit. Tax offences interact with the General Tax Law and can lead to both administrative penalties and criminal prosecution depending on the severity. Procedurally, investigations in Bilbao may be carried out by the Ertzaintza (Basque police), national police bodies, Guardia Civil, tax authorities and prosecutors. Initial inquiries are often conducted by Juzgados de Instrucción - investigative judges - and more serious cases are tried at the Audiencia Provincial de Bizkaia. Prosecutors who specialise in economic offences and regional anti-fraud offices may be involved in complex cases. Because many white collar matters involve cross-border elements, cooperation with EU and international enforcement bodies can occur.

Frequently Asked Questions

What is considered a white collar crime in Bilbao?

White collar crime generally covers non-violent financial offences such as fraud, tax evasion, money laundering, bribery and corruption, embezzlement, corporate accounting crimes, insolvency offences and offences against business partners or investors. The specific classification follows definitions in the Spanish Criminal Code and related statutes, applied to the facts of each case.

Can a company be criminally prosecuted in Spain?

Yes. Spanish law allows criminal prosecution of legal persons when an offence is committed for the companys benefit. A company can face fines, bans from public contracting, asset confiscation and other sanctions. Demonstrating an effective compliance program can reduce or even exclude corporate liability in some cases.

What should I do if police or prosecutors want to question me?

Exercise your right to legal counsel and avoid giving detailed statements before consulting a specialist lawyer. You have the right to remain silent, to be informed of the charges or reasons for questioning, and to have a lawyer present. A lawyer can advise on whether to speak, what to disclose, and how to limit legal risks.

Can authorities freeze my assets or accounts?

Yes. Prosecutors or courts can order provisional measures such as asset freezes, account seizures and registration of precautionary liens to secure evidence or potential fines and restitution. These measures are usually linked to the seriousness of the allegations and the risk of dissipation of assets. A lawyer can challenge excessive measures or seek proportionality remedies.

How long can a white collar investigation last?

Investigation length varies widely depending on complexity, number of parties, cross-border cooperation and the volume of documents. Some inquiries may be resolved in a few months, while complex cases with forensic accounting and international assistance can last years. Statutes of limitations also apply, so a lawyer will monitor procedural deadlines and deadlines for filing charges or appeals.

What are the possible penalties for white collar offences?

Penalties depend on the offence and its gravity. They can include prison sentences for individuals, substantial fines, confiscation of illicit gains, bans on holding certain positions, and corporate sanctions such as fines and prohibitions on contracting with public administrations. Administrative penalties from tax or regulatory authorities can apply in addition to criminal sanctions.

Is cooperation with prosecutors useful or risky?

Cooperating can be beneficial - it may lead to reduced penalties, suspended sentences or better negotiation outcomes, especially when a defendant provides meaningful evidence or helps recover funds. However, cooperation should be managed strategically with legal advice to avoid admissions that increase personal criminal exposure. Lawyers negotiate terms and safeguards in cooperation arrangements.

What role do tax and financial authorities play?

Tax authorities and financial intelligence units often detect economic crime and initiate administrative audits that may trigger criminal referrals. Agencies may share information with prosecutors. Businesses subject to anti-money laundering obligations must report suspicious transactions, which can lead to investigations. Coordination between administrative and criminal processes is common.

Can I be arrested without a warrant in Bilbao?

Arrest without a prior judicial warrant is possible in Spain when an individual is caught in the act or when competent authorities have reasonable grounds to suspect the person committed a serious offence and immediate action is necessary. Even in such cases, procedural rights apply - the detained person must be informed of their rights and can request a lawyer and a judicial review within set timeframes.

How do I choose the right lawyer for a white collar case in Bilbao?

Choose a lawyer with proven experience in criminal defence for economic offences, preferably with local experience in Bizkaia courts and familiarity with regulatory and tax authorities. Ask about relevant case experience, success in negotiating with prosecutors, use of forensic specialists, fees and communication style. Confirm that the lawyer is registered with the local bar association and understands both Spanish criminal law and any cross-border legal issues relevant to your situation.

Additional Resources

Helpful local and national institutions to contact or research include the provincial prosecutor offices and courts in Bizkaia, the Audiencia Provincial de Bizkaia, the Juzgados de Instrucción and Juzgados de lo Penal that handle investigations and trials, the Fiscalía Anticorrupción and specialised economic crime prosecutors, the Oficina Antifraude de Euskadi and regional oversight bodies, the national tax agency (for administrative tax procedures), the Spanish financial intelligence unit - the unit responsible for anti-money laundering supervision, and the Ilustre Colegio de la Abogacía de Bizkaia for lawyer referrals and professional standards. Police bodies involved in investigations can include the Ertzaintza for regional matters and national police forces for offences with wider scope. For corporate compliance guidance, look to official regulatory guidelines and sector-specific supervisory authorities. When dealing with cross-border matters, EU and international cooperative mechanisms may apply.

Next Steps

If you believe you may be under investigation or face allegations, follow these practical steps - preserve documents and records relevant to the matter and avoid deleting or destroying potential evidence; do not make voluntary statements to law enforcement or prosecutors without consulting a lawyer; contact an experienced white-collar criminal defence lawyer in Bilbao as soon as possible; prepare a concise chronology and collect corporate documents, bank statements and communications that may be relevant; consider retaining forensic accountants or compliance specialists at the lawyer’s recommendation; discuss immediate procedural risks such as asset freezes or provisional detention and plan a defence strategy; ask your lawyer about confidentiality, fee structure and expected timelines; and explore remedial measures, such as voluntary disclosure or implementation of a compliant corporate programme, if advised. Taking timely, measured steps with specialist legal support gives you the best chance to limit legal, financial and reputational harm.

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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.