Corporate criminal defense and economic crimes
At Fortuny Legal we are specialists in corporate criminal defense and in representing the interests of our clients in legal proceedings for economic crimes.
Under the fundamental premise of maximum confidentiality and discretion, we advise and represent our clients in:
- Specific defense against Criminal Liability of Legal Entities
- Crimes against Public Administration (bribery, prevarication, influence peddling and embezzlement, among others)
- Corporate offences (false accounts, abuse of dominant position, fraudulent administration, etc.) directed against directors, board members or partners
- Money laundering crimes
- Crimes of discovery and disclosure of company secrets (industrial espionage, unfair competition)
- Crimes of fraud and misappropriation
- Crimes against the Public Treasury and Social Security
- Crimes against property within the company
- Crimes related to new technologies
- Crimes against workers’ rights
- Punishable insolvency offences (asset stripping and fraudulent bankruptcy)
- Crimes against industrial and intellectual property (trademarks and patents, industrial designs and creations)
- Crimes relating to town and country planning and environmental protection
- Crimes of document forgery
- Crimes against the honor and image of the company (slander and libel)
- Advice and representation before police and judicial actions
Our litigation services include:
Creation of procedural strategies
- Self-possessed conciliation or mediation channels
- Heterotutelary procedural or arbitration channels
- Precautionary processes to avoid the risk of frustrating the effectiveness of judicial protection
- Typified or undetermined precautionary measures
- Execution or opposition of precautionary measures
Carrying out of extra-procedural actions
- Administrative claims prior to court proceedings
- Conciliations and acts of voluntary jurisdiction
- Preparatory acts
- Preliminary steps
- Research and analysis of test sources
- Preconstitution of tests
- Evaluation of the possibilities of success
- Evaluation of the cost of litigation
- Evaluation of the possibility of recovering legal costs and expenses
Analysis of the capacity to be a party to a judicial or arbitral process
- Active or passive legitimation
- Evaluation of the requirements of personification
- Procedural succession for acts inter vivos or mortis causa.
- Procedural substitutions
- Initial plurality of parts
- Plurality supervened by the integration of contradictory
- Plurality overcoming by voluntary intervention
Promotion of legal proceedings in accordance with your interests
- Suitable procedure
- Competence analysis
- Declination of jurisdiction
- Accumulation of processes
- Preliminary questions
- Incidental issues of special or prior pronouncement
- Abstentions or Refusals
- Judicial assistance
- Dialogue with judges, magistrates and prosecutors
- Diligences and follow ups
- International Cooperation
- Cessation of legal proceedings and expiration of the validity of the proceedings
Analysis to articulate the defense strategy within the judicial or arbitral process
- Claims
- Action techniques
- Types and causes of procedural requests
- Evaluation of the formulation of claims
- Initial accumulation or occurrence of actions
- Extensions
- Opposition and resistance techniques
- Process object disposition behaviors: abandonment, trespassing, transaction
- Suspension and termination of litigation with predominance of the will of the parties
- Supervening lack of object
- Rebellions
- Answers
- Counterclaims
- Exceptional acts of claim
- Concluding remarks
Development of appropriate evidentiary techniques
- Utility and prognosis
- Concrete means of evidence
- Experts and forensic reports
- Burden of proof
- Evidentiary practice
- Presumptive and critical reasons
Appeals against all types of court decisions
- Analysis of court decisions
- Assessment of the likelihood of success of your challenge and its appropriateness
- Clarification, rectification, correction or supplementation as alternatives before opting for resources
- Interposition of all type of appeal, cassation, protection, reinstatement or revision; devolutive, non devolutive, ordinary and extraordinary
- Challenging final judgments in case of revision, rebellion or annulment
Defense in the executive phase or in the case of urgency
- Impulse or opposition of executive measures
- Accumulations
- Money executions in general
- Foreclosures or foreclosures on particular assets
- Alternatives to the execution office
- Opposition options
- Covenants or promises, restructuring to individuals and dations
- Conditions and third parties of domain or better right
- Implementation agreements
- Administration for payment
- Executions for services of giving movable or immovable goods
- Executions for services of making and issuing declarations of will
- Executions for failure to perform
- Provisional Executions
- Revocation of monetary and non-monetary convictions
- Suspensions
- Enforcement of arbitral awards
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The firm
Specialists in Compliance and Corporate Criminal Defense. Prevention, reaction, training. Members of the Experts Committee that transposes ISO 37301 of CMS, and of the Board of Directors of the Association of Compliance Professionals (Cumplen).
