27 July 2016
Following the Supreme Court’s ruling of 29 February 2016, in which it ruled for the first time on the criminal liability of legal persons, new rulings continue to appear that consolidate the doctrine in this area.
On this occasion, the Criminal Division of the National High Court has ruled in its recent Judgment of 15 July 2016, convicting no less than 6 companies for the crime of money laundering contemplated in articles 301.1 and 302, in relation to article 31 bis of the Criminal Code.
The judgement, which is relevant due to the novelty of the subject matter, in addition to convicting a large number of individuals as perpetrators of money laundering derived from drug trafficking, committed within an organisation, also finds several companies criminally liable and convicts them for the same offence.
The main defendant organised a family and business network to bring the proceeds of his illicit drug trafficking activities into the licit market, with the indispensable help of other defendants.
To this end, the main accused made cash injections into the parent company of the scheme, while another member of the organisation was involved in acquiring other companies in financial difficulties. These companies remained in the name of their previous owners – although the real owner was the accused – knowing about the illicit activities being carried out.
The sentences imposed on these companies by the Audiencia Nacional range from 2 to 5 years’ fines, imposing a 5-year fine on the main company in the network, with a daily quota of 2,000 euros, suspension of activities and closure of its premises and establishments, also for a period of 5 years.
