Criminal Law

At GÓMEZ DE LIAÑO & MÁRQUEZ DE PRADO, we have extensive experience in defending legal entities involved in criminal proceedings. Our team of lawyers specialises in handling highly complex cases and designs defence strategies tailored to the needs and circumstances of each client. We address accusations related to economic and corporate crimes, such as fraud, money laundering, tax offences, corruption-related crimes, environmental offences, and crimes against workplace safety, among others.

Aware of the impact that criminal proceedings have on a company’s operations and reputation, our approach at GÓMEZ DE LIAÑO & MÁRQUEZ DE PRADO is exhaustive. We not only defend our clients’ rights in ongoing criminal proceedings but also provide preventive legal advice on regulatory compliance and risk management. This proactive approach helps mitigate the effects of potential investigations and ensures a well-prepared defence across the different jurisdictions where the proceedings take place.

Our primary objectives in defending corporate clients are to avoid the risk of sanctions, economic losses, and reputational damage. To achieve this, we maintain close communication with our clients throughout the process.

This is one of the firm’s specialist areas, offering advice and defence in cases handled by the European Public Prosecutor’s Office (EPPO). This body is responsible for investigating and prosecuting cross-border crimes affecting the financial interests of the European Union. Examples include fraud involving EU funds, VAT fraud, money laundering, and corruption.

We provide defence throughout all phases of the proceedings before the EPPO, from the initiation of the preliminary investigation to trial defence, if required.

Given the nature of these procedures, which involve both national and European law, a skilled, coherent, and effective defence requires the coordinated intervention of experts in multiple branches of law.

  • Fraud, misappropriation, and dishonest administration: We represent individuals and companies facing accusations of economic deception and manipulation, offering a solid and effective defence.
  • Insolvency offences and obstruction of enforcement: We provide advice on cases of fraudulent insolvency and asset concealment, protecting our clients’ rights in complex debt situations.
  • Theft and robbery: We offer specialised criminal defence in cases of theft and robbery, both in personal and corporate contexts.
  • Criminal damage: We defend clients against charges of property damage, ensuring each case is thoroughly analysed to minimise legal repercussions.
  • Intellectual and industrial property offences: We provide advice and defence to companies in cases of violations of intellectual and industrial property rights, protecting their innovations and trademarks.
  • Offences of malfeasance, bribery, influence peddling, and embezzlement: We represent clients in cases of corruption and abuse of power, developing defence strategies that address both criminal and administrative aspects.
  • False accusations, false reporting, and perjury: We provide advice and defence in cases of false declarations and allegations, protecting our clients’ legal integrity.
  • Illegal financing of political parties: We advise on cases involving political party financing, offering defence strategies for highly complex cases.
  • Corporate offences: We defend clients in cases of corporate crime, including manipulation and corporate fraud.
  • Forgery of public, private, and commercial documents: We offer representation in document forgery cases, ensuring the protection of our clients’ rights.
  • Private sector corruption: We advise companies and individuals in cases of private corruption, where conflicts of interest and manipulation affect business integrity.
  • Wilful and negligent money laundering offences: We defend clients against money laundering charges, focusing on both wilful and negligent conduct in asset management.
  • Receiving stolen goods: We represent clients in cases of possession of illicitly obtained goods, working to minimise legal consequences.
  • Tax offences: We provide defence in cases of tax fraud accusations.
  • Social Security offences: We represent businesses and individuals in cases of fraud or misuse of Social Security resources.
  • Accounting falsification: We defend against charges of accounting manipulation and the presentation of false financial information.
  • Fraud involving subsidies: We advise on processes related to the misappropriation or misuse of public subsidies.

We provide legal advice and defence in cases involving breaches of urban planning and environmental regulations. We represent individuals, companies, and entities involved in complex disputes related to land use, construction, and the protection of the natural environment.

Our experience includes defending against allegations of unlawful developments, unauthorised construction, and unlicensed land use changes, as well as cases involving non-compliance with environmental impact assessments and natural resource protection regulations.

We also defend our clients against allegations of illegal waste disposal, polluting emissions, deforestation, and other actions that put the environment at risk. We understand the gravity of these accusations, which may result in severe administrative and criminal penalties as well as significant reputational damage. For this reason, we develop defence strategies based on comprehensive technical and legal analysis, with the aim of mitigating legal impact and protecting our clients’ interests.

  • Personal injury offences: Representation in cases of physical assaults, defending both defendants and victims.
  • Homicide offences: Defence in cases of homicide and murder, focusing on protecting fundamental rights and conducting an in-depth analysis of the evidence.
  • Threats and coercion offences: Advice and defence in cases of intimidation and unlawful coercion, tailoring defence strategies to the specific needs of each client.
  • Crimes against sexual freedom and integrity: Defence in cases of sexual assault and crimes affecting personal integrity.
  • Crimes against workers’ rights: Representation in cases of labour abuse and exploitation, protecting the rights of both employees and employers.
  • Hate crimes: Defence in cases of offences motivated by prejudice and discrimination, with a focus on the protection of civil rights.
  • Crimes against religious beliefs: Representation in cases involving offences and acts of religious intolerance.
  • Crimes against political rights: Defence of individuals in cases involving the limitation and abuse of political rights.
  • Disclosure of secrets: Defence against charges of unauthorised disclosure of private information.
  • Libel and slander: Representation in cases of defamation and damage to the personal or corporate reputation.
  • Defence of honour: Legal advice and representation in actions to protect the image and honour of our clients.
  • Discovery, disclosure, and use of trade secrets: Defence in cases of misappropriation of trade secrets.
  • Insider trading: Representation in cases of misuse of inside information for financial gain.
  • Scheming to alter the price of goods: Defence in cases of price manipulation and unfair market practices.
  • Misleading advertising offences: Legal advice and representation in cases of false advertising and unlawful marketing practices.

At GÓMEZ DE LIAÑO & MÁRQUEZ DE PRADO, we provide comprehensive defence in cases of smuggling and illicit trade, protecting our clients’ rights against accusations of illegal commercial activities.

Smuggling offences, which involve the transport, import, or export of goods and merchandise without proper customs authorisation or in breach of tax regulations, can have serious legal and economic repercussions, including criminal and administrative penalties.

We defend both individuals and companies accused of engaging in smuggling operations, developing defence strategies that thoroughly examine the circumstances of the case, the supply chain, and customs documentation. Our team specialises in identifying irregularities in inspection procedures and challenging the legality of evidence presented by the prosecution. We also handle smuggling cases involving sensitive goods such as FMCG, tobacco, alcohol, firearms, pharmaceuticals, and controlled substances, often involving international regulations and treaties.

Our approach includes defending against allegations of related offences, such as tax fraud and money laundering, which are often linked to smuggling activities. We work closely with customs law experts, forensic economists, and international trade specialists to provide a robust and well-documented defence. Our goal is to ensure that our clients face these proceedings with the utmost preparation and legal backing, mitigating the risk of sanctions and reputational harm.

 

  • Offences against privacy and image rights: Defence in cases of hacking, sexting, and other digital offences.
  • Intellectual property offences: Representation in cases of piracy and theft of protected content.
  • Offences against personal and sexual freedom: Defence in cases of cyberbullying and grooming.
  • Unauthorised access to computer systems: Advice and defence in cases of computer system intrusion.
  • Computer-related damage: Representation in cases of digital vandalism and data destruction.
  • Property-related cybercrime: Defence against charges of online fraud, such as phishing and carding.
  • Drug trafficking: Defence in cases involving possession, trafficking, cultivation, or distribution of narcotic substances, focusing on ensuring a fair trial.
  • Drug-related offences: Representation in proceedings related to the production, distribution, or marketing of counterfeit medicines or medicines lacking proper sanitary control.
  • Food offences: Legal advice and defence in cases involving the production, distribution, or sale of food products that may endanger public health.
  • Environmental offences: Representation in cases related to activities that may affect public health through environmental pollution or improper waste management.

Penitentiary Law, as an autonomous discipline, is governed by Article 25.2 of the Spanish Constitution, which enshrines the principle that custodial sentences aim at re-education and social reintegration. This principle is developed by the General Penitentiary Organic Law of 26 September 1979, making it essential to ensure the proper enforcement of sentences by the prison administration. The role of the Supervisory Judge is key in this context, acting as a judicial authority responsible for overseeing the legality of sentence enforcement, while higher courts such as the National High Court and Provincial Courts may exercise higher competencies.

At GÓMEZ DE LIAÑO & MÁRQUEZ DE PRADO, we provide comprehensive legal assistance to convicted persons, defending their rights and interests not affected by the sentence. Our services cover a wide range of matters, including suspension or substitution of imposed sentences, classification of prison regime and progression of status, parole and conditional release, regime of prison leave and transfers, and appeals against sanctions within the penitentiary disciplinary regime.

The right of pardon, attributed to the executive power under the Spanish Constitution, is one of the most controversial legal institutions in the context of sentence enforcement. This prerogative is exercised through the concepts of amnesty and pardon, with the latter governed by the Law of 18 June 1870 on the Rules for the Exercise of the Grace of Pardon, later modified by Law 1/1988 of 14 January.

Due to its controversial nature, the application of pardons has, on several occasions, caused public outcry. A pardon, as a mechanism that either extinguishes criminal liability or reduces the sentence, as established by Article 130 of the Criminal Code, requires a highly technical approach. Our firm specialises in the application, processing, and execution of pardon requests, aiming for the rehabilitation of the convicted person.

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