Since the Independent Whistleblower Protection Authority (herein after referred to by its Spanish acronym AIPI) began operating in September 2025, it has received numerous enquiries confirming the existence of significant interpretative doubts regarding the practical application of Law 2/2023 of… Read more
This publication analyses the judgment dated 13 February 2025 handed down by the European Court of Human Rights (hereinafter, ‘ECHR’) in the case of Macharik v. Czech Republic, which upheld a claim for violation of fundamental rights enshrined in the… Read more
This publication analyzes the judgment dated February 18, 2025, handed down by the European Court of Human Rights (hereinafter, “ECHR”) in the case of Romanchenko and Kharazishvili v. Georgia, which upheld a claim for violation of Article 8 (right to… Read more
Compliance could be defined as the set of procedures and best practices adopted by companies and organisations to identify and manage the legal risks inherent in their activities, in order to ensure compliance with current regulations and prevent crimes from… Read more
By Paz Valles Creixell. Partner at MOLINS DEFENSA PENAL. More and more frequently, and with increasing concern, at Molins Defensa Penal we assist people who arrive at our office with a mixture of disbelief and distress. They have been summoned… Read more
Spanish Supreme Court (administrative Chamber) Judgement n.º 704/2025, 4th June, judge rapporteur: Requero Ibáñez. The facts that are the subject of the resolution commented refer to an official of penitentiary institutions who, after giving an interview on the television program… Read more
This publication discusses Supreme Court Labour Chamber Ruling No. 23/2025, handed down on 14 January 2025. This ruling upholds an appeal for the unification of doctrine filed by the company STRADIVARIUS ESPAÑA S.A. against the ruling handed down on 18… Read more
Commentary on Supreme Court Ruling (Criminal Chamber) Section 1, No. 457/2025 of 21 May. By means of Supreme Court Ruling No. 457/2025 of 21 May, the First Section of the Fourth Chamber of the Supreme Court dismissed the appeal and… Read more
One of the decisive factors for the Spanish Supreme Court when tipping the balance in assessing the legality of evidence obtained with a potential violation of fundamental rights lies, perhaps surprisingly, in the subjective position of the agent who carried… Read more
Compliance is dynamism and constant evolution. In a regulatory environment in continuous transformation, it is essential to keep abreast of the most relevant changes and improvements in the field, especially those that directly affect compliance systems and corporate legal risk… Read more
Can Parliament, in the exercise of its investigative function, name the political perpetrators of a tragedy without violating their presumption of innocence or damaging their honor? The case of Manuel Azuaga, former president of AENA, reopens a relevant debate on… Read more
On 9 July, the Spanish government presented the new State Anti-Corruption Plan, an ambitious roadmap that updates and expands regulatory, institutional and cultural efforts aimed at preventing and sanctioning corruption. Moreover, it is aligned with international standards (GRECO, OECD, European… Read more
Commentary on the sanction imposed by the AEPD in case EXP202411409: a fine of €120,000.00 for revealing the identity of the informant through an ethical channel. From the Internal Investigations teams, we often find ourselves in the position of managing… Read more
We are pleased to announce that, after twenty years of constant dedication to our firm, with a career and professional experience forged through his excellent and successful work in many of our firm’s most significant cases, attorney Juan Segarra has… Read more
The UNE 19601 regulatory standard on Criminal Compliance Management Systems is a key reference in the field of Criminal Compliance in Spain. Initially published in 2017, UNE 19601 has become a benchmark for providing organizations with an effective Compliance System,… Read more
The ISO 37001 standard on Anti-Bribery Management Systems (ABMS) is one of the most relevant self-regulation standards at an international level in the field of Compliance. Initially published in 2016, ISO 37001 closely coincided with the 2015 reform of the… Read more
A magistrate’s court in Catalonia has ordered the imposition of a city-wide restraining order as a precautionary measure against a repeat offender of usurpation. In a context in which squatting generates intense political-legal and social debate, the imposition of a… Read more
Molins’ Internal Investigations team presents a summary of year’s 2024 normative and case-law milestones on Internal Investigations. Download PDF
Compliance is dynamism and constant evolution. To this end, it is essential to keep abreast of changes and improvements in this area, especially those that are most critical for each organisation. The Compliance Department of Molins Criminal Defence presents the… Read more
The Executive Service of the Commission for the Prevention of Money Laundering and Monetary Offenses (SEPBLAC) has published its Activities Report 2022-2023, highlighting important advances in the fight against money laundering (AML) and the financing of terrorism (FT). This document… Read more
For some time now, we have been preparing with great enthusiasm the next commemorative film of the 30th anniversary of Molins Defensa Penal, in which the partners review the trajectory and current situation of the Firm. The film, entitled WE… Read more
On December 12th we celebrated our special Christmas dinner with the entire Barcelona and Madrid team. On the occasion of of MOLINS’ 30th anniversary, we invite all the lawyers and collaborators who have worked with us over these 30 years… Read more
On the occasion of the 30th anniversary of Molins Defensa Penal, the Firm will hold various commemorative events throughout the year. The first event took place last Thursday, November 28, at the Círculo Ecuestre in Barcelona, attended by many lawyers,… Read more
The Council of Ministers recently green-lighted the proposed Law of Corporate Reporting on Sustainability, a decisive step towards greater transparency and accountability in business activity. This regulatory framework, which is now headed for parliamentary processing, includes environmental, social and governance… Read more
Article 18 of the Workers’ Statute. Commentary on judgment (Social chamber), Secc. 1.ª, n.º 874/2024, of 5 June. This publication comments the judgment (social chamber), Secc. 1.ª, n.º 874/2024, of 5 June, which analyses the validity or nullity of the… Read more
Compliance is dynamism and constant evolution. To this end, it is essential to keep abreast of changes and improvements in this area, especially those that are most critical for each organisation. The Compliance Department of Molins Criminal Defence presents the… Read more
Comments on STS (Sala de lo social), Secc. 1.ª, n. º 225/2024, of 6 February. In its recent ruling no. 225/2024 of 6 February, the First Section of the Fourth Chamber of the Supreme Court upheld the nullity of the… Read more
The Spanish Data Protection Agency (AEPD) analyses this issue in its Opinion 77/2023, following a consultation in which the possibility of using the information received through the Internal Information System (SII) for other purposes was raised, after verifying that it… Read more
Tras un (1) año de expectativa desde la promulgación de la Ley 2/2023, de 20 de febrero, reguladora de la protección de personas que informen sobre infracciones y de lucha contra la corrupción (en adelante, Ley 2/2023), finalmente se ha… Read more
The very recent Judgment cited above, with a paper by the always suggestive Mr. Antonio del Moral, addresses three important aspects of the criminal liability of legal persons: i) the burden of proof regarding the effectiveness of Compliance models ii)… Read more
The year 2023 stands out as a crucial period in Spain’s ongoing battle against corruption. The country’s courts have displayed a commendable activity in investigating and prosecuting cases linked to illegal practices in the public and political spheres. In this… Read more
We are pleased to announce that, after almost twenty years of constant dedication to our firm, with a career and professional experience forged in his discreet but excellent and successful work in many of the most important cases of our… Read more
Molins’ Internal Investigations team presents a summary of year’s 2023 normative and case-law milestones on Internal Investigations. Download PDF
Last Wednesday, the 13th of March, marked one (1) year since the Anti-Fraud Office of Catalonia (hereinafter referred to as the Anti-Fraud Office or OAC, for its acronym in Catalan) assumed the responsibilities for the protection of whistleblowers in accordance… Read more
In January 2024, the Spanish Association for Standardization (hereinafter, UNE) issued a report entitled “Supporting ESG reporting standards“, with the aim of encouraging the application of specific standards by Spanish organizations in their sustainability reporting. The purpose of this note is to provide a comprehensive approach… Read more
The Constitutional Court (hereinafter, CC) has dismissed the appeal filed by Banco Santander against the resolutions of the Council of Ministers which, in 2019, imposed a sanction of €1,056,000 on it as the successor to Banco Popular. The sanction arose… Read more
Mobbing and Sexual Harassment offences, as defined in articles 173.1 and 184 of the Spanish Criminal Code, respectively, are cross-cutting risks that can be observed in any environment where people interact and, therefore, in any company, foundation, association, among others, regardless of their activity. The purpose… Read more
Shakira’s defense reached an agreement with the accusations on November 20, 2023, putting an end to the criminal procedure followed against the artist for the tax crimes for Individual Income Tax and Net Worth Tax (years 2012, 2013 and 2014)…. Read more
El pasado mes de diciembre se aprobó por parte del Congreso de los Estados Unidos la nueva “Foreign Extortion Prevention Act” (Ley de Prevención de Conductas de Extorsión en el Extranjero; en adelante, FEPA). Complementando a la “Foreign Corrupt Practices Act” (Ley de Prácticas de Corrupción… Read more
The deadline for implementing the necessary changes for the use of cookies, according to the criteria set out in the Guide on the Use of Cookies, has expired, after a transitional period of six months. On 11 July 2023, the Spanish Data… Read more
