1. What is the legal framework governing bribery in Spain?
The Spanish law that regulates bribery and corruption is the
Código Penal (Spanish Criminal Code or SCC).
2. What constitutes a bribe?
The Supreme Court has identified three elements that contribute
to corruption: (i) the existence of a power of official action (in
public corruption) or of administration, direction or management of
businesses (in private corruption); (ii) the search for or
obtaining of an undue advantage (tangible or intangible outside the
socially admissible use); and (iii) the benefit of oneself or a
third party.
Accordingly, the Spanish Criminal Code distinguishes between two
offences: bribery of a public servant or authority and bribery of
private entities or individuals.
