One of the most common situations we might have to face is an accusation over matters relating to the handling of money, funds or payment commitments. For this kind of case there is a special system of liability that can even affect our freedom. It is this system that is known as business criminal law.
At BBMabogados we have the best professionals in criminal matters, so you can count on our representation and support to face any kind of accusation that seeks to link you to an unlawful act. Let us look below at the types of offence you might have to face.
The tax authorities and tax offences
All citizens have the duty and obligation to declare, pay taxes and meet their tax commitments. In this sense, any kind of evasion of these obligations can carry penalties, but where evasion exceeds the sum of 120 thousand euros, an offence may then be established against the person responsible.
In any case, this type of liability must be proven at trial, in which it is compulsory to have proper legal representation. Likewise, if you are in this situation and the trial has not yet begun, the most prudent thing is to start the corresponding negotiations with the tax authorities, all with a view to avoiding a charge that could lead to a sentence of between 1 and 5 years’ imprisonment.
Similarly, even if you have not been the subject of investigations by the tax authorities, you should always make sure that a lawyer who is an expert in the field reviews your tax obligations and the company’s compliance with them, all with a view to avoiding possible acts that turn into an offence.
Offences against property
These are offences that harm another person’s property, but without the use of violence, rather through deception or pretence. That is, they are the typical case in which someone seeks their own benefit to the detriment of another’s property, using tricks such as deception, false promises or leading the victim into error.
This type of offence is on the rise, particularly in its electronic form, which involves the use of devices or the internet, all with a view to obtaining improper enrichment.
In any case, it is worth remembering that these offences carry a penalty that varies according to the type of fraud or swindle committed, as well as the means used for it. So, if you are involved in or accused of a situation like the one described above, do not hesitate to contact us to design the best defence to suit your particular situation.
Corporate offences
While these offences do not strictly involve the appropriation of funds or improper enrichment, they can cause financial harm. Likewise, they involve improper conduct in the administration or use of a company, which entails the falsification of company accounts or disloyal behaviour in the market.
In any case, these unlawful acts can be declared against the company itself, as well as against its owners, directors and even the compliance officer.
Money laundering in Santander
This is the case of money laundering. That is, taking funds that come from unlawful acts and passing them off as legitimate money. This type of accusation is quite serious and requires the best legal advice as soon as possible. Only in this way will it be possible to take whatever measures are necessary for the best defence of the accused.
Likewise, it is vitally important to have proper advice before carrying out large money transactions or taking part in business of dubious origin, since, without realising it, you could become caught up in a money laundering offence. The fact that you were unaware of it will in no way affect the possibility of your being accused of criminal conduct, so do not hesitate to contact us before carrying out any business or money transaction that could jeopardise your legal security.
Business criminal law in Santander
In reality, this kind of system is part of criminal law in general, which seeks to establish guilt and punishment against a person for a given act. In any case, it must be borne in mind that once a person carries out or has committed an allegedly unlawful act, it will be necessary for that act to be demonstrated and proven at trial, in which the right to a defence of the accused or person under investigation must be guaranteed.
Thus, the lawyer’s task in these cases is to defend their client, all with a view to proving their innocence or, failing that, obtaining the least severe sentence possible. Likewise, do not hesitate to contact us if you are going through any of the situations described above. Only in this way will we be able to design a defence strategy for the proceedings that suits your particular situation.
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