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News | Molins Criminal Defense

Latest news and articles from Criminal Law

News and articles

We present the latest news and current events in the sector

Molins Criminal Defense regularly publishes articles of interest and news, events and latest news related to our field of activity: Criminal Law, Compliance and crime prevention.

The communication of an employee’s dismissal letter to the members of the Works Council and its possible conflict with the employee’s right to personal data protection.

This publication analyses the ruling dated 13 March 2025, handed down by Section 2 of the Provincial Court of Burgos, in which the focus of the debate centres on the communication to the works council of the full content of… Read more

ComplianceKeys#31. Compliance Officers in Spain: role, scope, and responsibilities of the Compliance function

As explained in ComplianceKeys#25, the introduction of criminal liability for legal entities  into our legal system, following the reform of the Criminal Code brought about by Organic Law 5/2010 and consolidated by Organic Law 1/2015, represented a structural change in… Read more

Compliance Year Review 2025

In a regulatory environment undergoing constant transformation, Compliance requires continuous and structured monitoring. Throughout the 2025 financial year, significant regulatory changes, judicial developments, technical guidelines, and the consolidation of emerging risks have taken place, directly impacting compliance systems and the… Read more

The right to privacy (Art. 8 ECHR) as a limit on internal investigations

Commentary on the Judgment of the European Court of Human Rights of 6 November 2025, Guyvan v. Ukraine In the recent judgment of the European Court of Human Rights (ECHR) of 6 November 2025, the Fifth Section of the Court… Read more

The three recommendations of the Independent Authority for the Protection of Whistleblowers (AIPI) on the implementation of the Internal Information System (SII).

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

Criminal conviction based on emails from the defendant that were obtained from a third party’s email account.

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

ComplianceKeys#31. Compliance for SMEs

As explained in the previous ComplianceKeys#25, the reform of the Criminal Code by Organic Law 5/2010 of June 22 introduced criminal liability for legal entities for the first time. However, it was not until Organic Law 1/2015, with Article 31… Read more

Interception of communications between a corporate lawyer and his partner (client). Minimum level of protection that must be provided to a corporate lawyer in terms of confidentiality of communications.

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

States’ Due Diligence in the investigation of sexual assault cases. Commentary on the European Court of Human Rights Judgment in case N.Ö. v. Turkey.

In this commentary, we analyze the Judgment issued on January 14, 2025, by the Second Section of the European Court of Human Rights (ECtHR) in the case of N.Ö. v. Turkey (Application no. 24733/15). The national proceedings were initiated following… Read more

ComplianceKeys#30. Compliance and Money laundering

Money laundering represents one of the main threats to the integrity of the financial system and the transparency of the economy. Its effects transcend the strictly criminal sphere, generating significant legal, reputational and operational risks. Given the magnitude of this… Read more

ComplianceKeys#29. Compliance and Sustainability

In recent years, the concept of Sustainability has evolved and become integrated into different areas of our society. Among these is the business world, where it has increasingly become a priority concern and a fundamental pillar in the development of… Read more

ComplianceKeys#28. Compliance in the public sector: integrity and good governance as pillars of public management.

Compliance, although initially associated with the private sector, has undergone increasing integration into the public sector in recent years in response to transparency challenges. Historically, many public administrations have been exposed to recurring episodes of corruption, inefficiency and abuse of… Read more

Crime committed by a legal entity: new change in criteria by the Supreme Court (Ruling 768/2025 of 25 September) on proving the ineffectiveness of Compliance programmes.

The Supreme Court acquits a legal entity convicted of fraud and takes the opportunity to change the criteria regarding who bears the burden of proof for breach of supervisory duties. At the same time, it provides an overview of the… Read more

ComplianceKeys#27. How does Compliance affect a company’s reputation?

Today’s business environment is characterised by the immediacy of information and increasingly intense competition. News and opinions spread at breakneck speed, creating an environment in which transparency, ethics and corporate responsibility are essential for business survival. In this context, companies… Read more

ComplianceKeys#26: Compliance, Business Ethics and Organizational Culture.

Experience shows that the true value of an organization not only lies in its results, but also in its commitment to regulatory Compliance, ethics, and organizational culture. Over the past decade, several of the most internationally renowned companies in the… Read more

ComplianceKeys#25: The origins of Compliance in Spain.

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

Identity fraud. The Crime that Begins with a Simple Photocopy of an ID Card

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

A precedent in favour of the extra-procedural effectiveness of the right against self-incrimination

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

Commentary on STS Social Court 23/2025. Evidential validity of images captured by video surveillance cameras.

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

Evidential validity of images obtained with video surveillance systems. Right to privacy and personal image under Article 18.1 of the Spanish Constitution

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

When the violation of privacy does not invalidate the evidence: Commentary on Supreme Court Judgment 1189/2024

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 Newsletter 2025

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

Commentary on Constitutional Court Judgment 107/2025: Constitutional limits of Parliamentary Investigative activity after the Spanair Case.

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

Keys to the new State Anti-Corruption Plan

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

Internal Reports: Protection of the Whistleblower’s Identity or the Investigated Person’s Right to Defence?

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

Our lawyer Juan Segarra has been promoted to Partner

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 new version of UNE 19601: an effective response to the challenges of good governance in organizations

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

Molins Compliance: strategy, prevention and trust

In today’s competitive business environment, corporate integrity and regulatory compliance have become fundamental pillars for the sustainable success of any organization. At Molins Compliance, we deeply understand this reality and have specialized in offering Compliance solutions that not only ensure… Read more

Can the legal entity under investigation be required to identify the specific natural person who was involved in the alleged criminal acts?

I. INTRODUCTION Despite the fact that the criminal liability of legal entities has been provided for in our legal system since the amendment made to the Criminal Code by Organic Law 5/2010 of 22 June, the fact is that, more… Read more

New Edition of ISO 37001: Key Updates and Transition Period

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

Restraining order in repeat trespassing: a milestone in the criminal fight against squatting

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

Summary 2024. INTERNAL INVESTIGATIONS

Molins’ Internal Investigations team presents a summary of year’s 2024 normative and case-law milestones on Internal Investigations. Download PDF

Compliance Newsletter 2024

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

How is SEPBLAC transforming the fight against money laundering and terrorist financing?

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

A further step towards the protection of whistleblowers: the creation of the Independent Authority for the Protection of Whistleblowers of the Community of Madrid

The Spanish Law 2/2023, of 20 February, regulating the protection of persons who report regulatory breaches and the fight against corruption (hereinafter, Law 2/2023) represented a paradigm shift in the fight against corruption and the commission of regulatory breaches within… Read more

Molins Defensa Penal 30th Anniversary Commemorative Film 

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

Validity of security camera recordings obtained without the prior communication and consent of workers and the Works Council

This publication comments on the Judgment of the High Court of Justice of Catalonia (Social Division) No. 6779/2024 handed down on 23 September 2024. This judgment dismissed the appeal filed by the legal representation of an employee against the judgment… Read more

Special Christmas dinner for the 30th anniversary of Molins Defensa Penal

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

Celebration day of the 30th anniversary of Molins Defensa Penal

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

Court overturns whistleblower’s dismissal for reporting corrupt practices within the company

This publication analyses the ruling by the Social Court No. 11 of Seville, dated 14 May 2024, presided over by Judge Juan-Bosco Rite Zambrano, which declared a whistleblower’s dismissal null, deeming the termination of their contract as direct retaliation for… Read more