Article 298


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Corporate criminal liability Criminal liability Economic sanctions

Articles 298-304 set out the criminal legal framework for dealing with the proceeds of crime and provide the penalties for both individuals and legal entities who commit crimes related to money laundering and receiving stolen goods. Article 303 provides that if the offenses foreseen in articles 298-302 are committed by certain categories of professionals —icluding enterpreneurs, intermediaries in the financial sector or civil servants—, in addition to the appropriate punishment, such professionals may be sentenced to special barring from public employment and office, trade, or profression, industry or commerce, for 3 to 10 years.

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Law / 23rd November 1995 / Spain / Spanish Criminal Code

The Spanish Criminal Code provides the criminal law framework in Spain, regulating the different crimes and offences, as well as the associated penalties. The Code criminalises human trafficking, as well as a number of serious offences against the rights of workers, including deceptive recruitment, imposing harmful working conditions on workers, or serious health and safety breaches endangering the health and lives of workers.

Since coming into force, the Criminal Code has been amended on several occassions. The Crime of human trafficking was only included in the Code, and therefore introduced to the Spanish criminal legislation in 2010, with Organic Law No. 4/2000. One of the last amendments, introduced by Organic Law No. 5/2010 of June 22, introduced the principle of criminal liability of legal entities. Previously, it was not possible to hold enterprises and other organisations criminally liable under Spanish legislation.