Oliva-Ayala Abogados

Corporate successors criminal liability: neither strict nor absolute; fraud required

By Rafael Alcácer y Jaime González

M&A transactions in Spain present risks common to other jurisdictions, such as the possibility of criminal liability being transferred from one entity to the resulting entity. In Spain, criminal liability of legal persons is a relatively recent phenomenon (2010). This legal reform came into force with some controversy and its implementation was not accompanied by sufficient regulatory and procedural development which adapted our criminal system to a new criminal actor: the legal entity.

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Published in Legal Industry Review (USA)

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