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News

30 de January de 2025
The Usefulness of the Compliance Program by Enric Bertolin.

Having a well-designed and properly implemented Compliance program is a vital element for any company. The approach is relatively straightforward: certain crimes can generate criminal liability for the company, regardless of the criminal liability of the director or employee who commits the crime. This risk scenario arises when the conduct generates a direct or indirect […]

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3 de December de 2024
Recognition in Best Lawyers 2025 Edition

At Morales Abogados, we want to extend our deepest gratitude to our colleagues from numerous professional firms who have placed their trust in our team. Thanks to your support, our colleagues Fermín Morales Prats, Enric Bertolín Ponsa, and Thea Morales Espinosa have been recognized once again by the prestigious Best Lawyers directory. We also express […]

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3 de December de 2024
Criminal liability of the administrator in Lawyerpress by Thea Morales Espinosa

⁣The criminal liability of the administrator is a crucial issue that many are unaware of.As explained by our colleague Thea Morales Espinosa, lawyer and Compliance Officer at Morales Abogados Penalistas, in this article in Lawyerpress - Legal Sector Information, administrators can be held criminally liable for crimes committed within the company, even for failing to […]

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3 de December de 2024
Is Non-Payment to the Tax Agency or Social Security a Crime? by Enric Bertolín in Expansión.

Read in expansión.com

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12 de November de 2024
Enric Bertolin i Ponsa, Partner at Morales Abogados Penalistas

We are pleased to announce the promotion of our esteemed colleague, Enric Bertolin Ponsa, to Partner at Morales Abogados Penalistas. This well-deserved promotion comes after a career distinguished by his unwavering dedication and contributions to the firm's success. Enric, with extensive experience in Criminal Law, has proven himself to be a natural leader and an […]

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20 de June de 2024
Are there differences between the statute of limitations for criminal liability for executives and companies? by Enric Bertolín in Expansión

The statute of limitations for a crime extinguishes criminal liability. The statute of limitations for legal entities, when involved in criminal proceedings alongside natural persons, can be significantly shorter than for the latter. Focusing on this issue provides an excellent defence opportunity for legal entities, especially considering that the legal consequences of a criminal record […]

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24 de May de 2024
Note on Supreme Court Judgment 1805/2024 of April 10

Violation of the right to honour and one's own image by a judicial report (events) concerning a crime that occurred 36 years ago The High Court finds a violation of rights in the publication of a report on a double murder that occurred in 1984, which included two unpixelated photographs with full identification by name […]

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16 de May de 2024
Crimes against workers' rights

Below you will find the first issue of our periodic publication series. In this inaugural edition, we address the highly significant topic of offences against workers' rights, particularly those related to workplace accidents, which generate a substantial number of criminal proceedings in our country. Link

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2 de May de 2024
Workplace Criminality by Enric Bertolín in Lawyer Press

In this article, our colleague Enric Bertolín examines the defense of cases where labor authorities sanction preventive deficits in occupational safety, highlighting defensive criteria based on the seriousness of labor infractions and their relationship to criminal offenses. This article offers useful advice for employers and preventive technicians, focusing on defensively addressing cases of employee fatalities. […]

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15 de March de 2024
Fermín Morales Prats, recognized in the prestigious Chambers & Partners list.

For the seventeenth consecutive year, Fermín Morales Prats has once again been recognized in the top tier of the prestigious Chambers and Partners European Guide directory. Chambers and Partners. We extend our gratitude to clients and colleagues for the trust they express and renew with us each year.

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15 de March de 2024
Fermín Morales Prats has been named Lawyer of the Year 2024 by the Best Lawyers list.

Fermín Morales has been named Lawyer of the Year 2024 by the prestigious Best Lawyers list in its 16th edition within the Criminal Defense category.

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14 de March de 2024
Fermín Morales, Thea Morales and Enric Bertolín recognized attorneys in the 2024 edition of Best Lawyers.

Fermín Morales, Thea Morales, and Enric Bertolín have been named by the prestigious website Best Lawyers as top recognized attorneys in its 2024 edition within the category of Criminal Defense. Additionally, Fermín Morales has also been voted in 2024 as 'Lawyer of the Year'."

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28 de February de 2024
"The rebellion of the invested and its criminal consequences in venture capital" by Enric Bertolín in Economist & Jurist.

This note will analyze the potential criminal risks arising from the management of invested companies by venture capital firms, with the aim of determining what criminal impact the manager's misconduct of the invested company may have on the investing company in light of the regulatory framework of the criminal liability of legal entities. You can […]

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27 de February de 2024
Are there differences in the criminal statute of limitations for executives and for companies? by Enric Bertolín in Expansión.

The criminal risks for companies have been increasing since 2010, particularly when their executives or representatives commit certain criminal offenses. This legal reality has been confined to acts carried out by the executives or representatives of the company when there is a deficit in preventive organization within the company. Read here.

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27 de February de 2024
Is it possible to criminally convict a company without convicting the perpetrator of the crime? by Enric Bertolín in Cinco Días.

Is it possible to criminally convict a company without convicting the individual perpetrator of the crime? Yes, it is possible to criminally convict a company without convicting the individual perpetrator of the crime. This is permitted by the Penal Code, and it often arises due to serious structural deficiencies within the company that ultimately allow […]

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4 de July de 2023
Investigative Proceedings by the Public Prosecutor and STC 59/2023

Investigative Proceedings by the Public Prosecutor and STC 59/2023 The Full Court of the Constitutional Court has recently addressed the extent of pre-trial investigative proceedings conducted by the Public Prosecutor's Office. Considering the challenges in bringing this matter before the Court and the intricacies involved in admitting amparo appeals, it presented a rather complex scenario […]

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3 de July de 2023
On 4th. July, the 𝗠𝗮𝗻𝗶𝗳𝗶𝗲𝘀𝘁𝗼 𝗱𝗲𝗹 𝗗𝗲𝗿𝗲𝗰𝗵𝗼 𝗽𝗲𝗻𝗮𝗹 𝗹𝗶𝗯𝗲𝗿𝗮𝗹 𝘆 𝗱𝗲𝗹 𝗣𝗿𝗼𝗰𝗲𝘀𝗼 𝗝𝘂𝘀𝘁𝗼 will be presented in Spain

Principles and limits always imply a price with respect to the manifestations of crime. Otherwise, principles and limits are simply useless abstract declarations. Are participating in the Manifesto: ▪Gian Domenico Caiazza, President dell’Unione delle Camere Penali Italiane. ▪Nicola Mazzacuva, President del Consiglio delle Camere Penali italiane. Professore all’Università di Bologna. ▪Gianluca Malavasi, Responsabile Scuola Territoriale […]

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Photography: Carlos González Armesto
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