Cross-Border Internal Investigations in Spain: The Legal and Practical Landscape

If not carefully considered, cross-border investigations involving Latin American nations as well as Spain, which have cultural, language and regional affinities, can easily go astray. In a guest article series, Daniel R. Alonso, a partner at Buckley, teams up with local attorneys in Spain, Argentina, Brazil, Colombia and Mexico to explore the framework for government and internal investigations. In this first article, Alonso pairs with Garrigues attorneys Helena Prieto González, José Fernández Iglesias and Alejandro Ayala González to lay out the criminal process, criminal and civil liability of legal entities and persons, and the role of corporate compliance programs in Spain. The second article focusing on Spain will address conducting internal investigations, including issues related to attorney-client privilege, document retention, conducting interviews and self-disclosure. See “Regional Risk Spotlight: Corruption Perceptions and Compliance Expectations in Spain” (May 24, 2017).

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