What the Penal Code says
Article 301 punishes anyone who acquires, possesses, uses, converts, or transfers assets knowing they originate from criminal activity, in order to conceal that origin or to help evade the consequences. The penalty is imprisonment from six months to six years and a fine ranging from the value to three times the value of the assets. Self-laundering and negligent laundering are also punishable.
Who investigates and when to act
These cases typically arise from a communication from SEPBLAC, the police UDEF, or the Prosecutor’s Office, and many are heard before the National Court (Audiencia Nacional). The critical moment arrives with the freezing of accounts or a search: from that point on, the deadlines for appeal are short.
How we defend
We analyze the actual source of funds and the traceability of operations, challenge the existence of the predicate offense—without a proven underlying criminal activity, the laundering charge falters—and work on the proportionality of precautionary measures and asset forfeiture. The evidence is economic and expert-based, and that is where we focus on the utmost detail.
International dimension
Money laundering is cross-border by nature: funds crossing countries, shell companies in multiple jurisdictions, and crypto-assets. We coordinate with law firms and experts abroad, particularly in German and Swiss jurisdictions, where many of our clients reside.