Corporate Criminal Compliance: Company Liability and Art. 31 bis CP in Spain
Guide to corporate criminal liability in Spain: Art. 31 bis CP, prevention models, compliance officer, grounds for exoneration and latest Supreme Court rulings.
Offences against Workers' Rights (Arts. 311-318 Criminal Code): Guide for Lawyers 2026
Analysis of labour offences in the Spanish Criminal Code: imposing illegal working conditions (Art. 311), workplace discrimination (Art. 314), and the most relevant offence in practice: against health and safety at work (Art. 316 CP). Supreme Court case law 2024-2026.
Crimes Against Workers in Spain: Arts. 311-318 CP 2026
The most significant in practice: Art. 316 CP (workplace safety) ( employers/site managers who fail to provide mandatory PRL (Law 31/1995) safety measures, thereby creating a serious concrete risk, face 6 months to 3 years imprisonment. No actual accident is required; a verified serious risk suffices. Concurrent with actual harm (Arts. 142/152 CP) through ideal concurrence ) penalties are added.
Corporate criminal liability (Art. 31 bis CP) applies if the company lacked an effective SGSST occupational safety management system. The recargo de prestaciones (30-50% social security surcharge) is compatible with ( and not deductible from ) civil damages.
Lexiel searches Supreme Court workplace crime decisions, verifies which PRL regulation was violated, and drafts criminal complaints and prosecution briefs.
Try Lexiel free · 28 days
Use code LEX-BLOG for double the standard trial period. Cancel anytime, no commitment.
Get started freeKeep reading
Penalty Clauses in Contracts: How They Work, Judicial Moderation and Case Law 2026
Guide to the penalty clause (Arts. 1152-1154 Civil Code): cumulative and substitutive functions, judicial moderation for partial breach (art. 1154 CC), nullity for unfairness in B2C contracts, and Supreme Court case law 2024-2026.
Hidden Defects and Consumer Guarantees (Arts. 114-126 TRLCU): Rights, Deadlines and Case Law 2026
Practical guide to legal guarantees in sales contracts with consumers: EU Directive 2019/771, transposition by RDL 7/2021, 3-year guarantee, 2-year presumption that the defect pre-existed, repair vs. replacement, termination.