Article 66 bis of the Penal Code

  Penal Code

In the application of the penalties imposed on legal entities, the provisions of rules 1 to 4 and 6 to 8 of the first number of the article 66, as well as the following:

1. In the cases in which they are established by the provisions of Book II, to decide on the imposition and extension of the penalties provided for in letters b) to g) of section 7 of the article 33 must be taken into account:

a) Its need to prevent the continuity of criminal activity or its effects.

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b) Its economic and social consequences, and especially the effects for workers.

c) The position that in the structure of the legal person occupies the Physical person or body that breached the duty of control.

2. When the penalties provided for in letters c) to g) of section 7 of article 33 are imposed with a limited duration, this may not exceed the maximum duration of the custodial sentence provided for in the event that the crime was committed per natural person.

For the imposition of the sanctions provided for in letters c) to g) for a period of more than two years, it will be necessary for one of the following two circumstances to occur:

a) That the legal entity is a repeat offender.

b) That the legal entity is used instrumentally for the commission of criminal offenses. It will be understood that this last case exists whenever the legal activity of the legal entity is less relevant than its illegal activity.

When the liability of the legal entity, in the cases provided for in letter b) of section 1 of the article 31 bis, arises from a non-compliance with the duties of supervision, surveillance and control that is not serious, these penalties will in any case have a maximum duration of two years.

For the permanent imposition of the sanctions provided for in letters b) and e), and for the imposition for a period greater than five years of those provided for in letters e) and f) of section 7 of article 33, it will be necessary to give one of the following two circumstances:

a) That this is the case provided for in rule 5 of section 1 of article 66.

b) That the legal entity is used instrumentally for the commission of criminal offenses. It will be understood that this last case exists whenever the legal activity of the legal entity is less relevant than its illegal activity.

art 66 bis cp

Article 66 bis of Penal Code Spanish refers to the specific rules for the application of penalties imposed on legal entities.