He influence peddling It is the illegal, or at least morally reprehensible, practice of using personal influence in government or even business sectors.
Through relationships with people and obtaining favors or preferential treatment. Despite being a crime, it can be observed quite frequently in both public and private institutions.
Where is influence peddling regulated?
The trading of effects is prescribed between 428 and 430 of the Penal Code. They are all in Title XIX (Crime against Public Administration), Chapter VI (commercial traffic).
The basic type is in Article 428: The official or public agency has affected an agent or another government by seeking the implementation of the powers of its position or any other situation arising from a personal relationship.
Are you looking for a lawyer specialized in Criminal Law?
we help you find a criminal lawyer.
We have a wide network of collaborating lawyers in all Spain.
Indirectly creates economic advantages for oneself or a third party, it will lead to the imprisonment of projects of six months to two to two years.
The double service fine is abolished and obtain a special standard for employment or public offices and implement the Responsibility of the year up to nine years.
If you get the benefit removed, these penalties will be imposed on your half. This is stipulated in article 428 CP.
What influence peddling offenses are punishable?
In terms of trade, the following infractions will be sanctioned:
The influence exerted by a powerful body, public official, or individual over another authority or public official to make a particular decision in order to create an economic advantage.
Requiring a public agency or official to provide an appropriate solution to a problem in exchange for a gift, gift, or other form of remuneration.
What is typical behavior promoting punishable influences?
The action necessary to be able to talk about the effect of the promotion is a prejudged benefit proposal.
That is, revelation alone is not sufficient to satisfy this sin, it must be carried out by a person in a higher position, exerting moral pressure incompatible with the position.
What is the purpose of the crime of promoting influence?
Whoever commits the crime of abuse of power seeks economic gain. Without embargo, it should not be forgotten that what is sanctioned is a direct influence on the failure in the decision that arouses the aforementioned interest.
What are the legal consequences of influencer advocacy?
The legal consequences of influence peddling are provided for in these two articles of the Penal Code:
This is stipulated in the article 428 of the penal code.
From six months to two years in prison. Fine equivalent to double the desired or obtained profit. Special disability due to work or official duty from five to nine years.
From six months to two years in prison. Fine equivalent to double the desired or obtained profit.
Prohibition of contracting with the public sector, loss of the ability to receive subsidies or public aid, and the right to benefit from tax and pension incentives for a period of six to ten years.
It is strange to use the term "obtained trait" in these clauses, as it also states that if the advantage has already been obtained, the punishment will be pronounced in the upper half of the advantage.
Can a legal entity be criminally responsible for the crime of promoting influence?
The content of article 430 of the Penal Code stipulates that legal entities can be considered criminally responsible for the crime of buying and selling influential assets.
In accordance with the provisions of article 31 bis, legal entities responsible for the crimes provided for in this chapter will be punished with a fine of six months to two years.
It should be noted that according to the article 66 of the Penal Code, for the application of the sanction the following conditions must be met, which we will mention below:
The continuation of criminal activity or its effects must be avoided. Economic and social consequences and impacts on workers.
In accordance with the provisions of the article 33.7 of the Penal Code, the forms of sanction that can be applied if the previous conditions are met are:
Dissolution of legal entities. Suspension of the company's business for a period less than 5 years old. Close the headquarters of the legal entity for a period of less than five years.
It is prohibited to receive public subsidies and aid, contract with the public sector and benefit from tax incentives and incentives, or social security, for a period less than 15 years old.