03 · State & society
Offenses against public administration
Defense and representation in offenses against public administration.
The area
Criminal defense against offenses against public administration
Offenses against public administration concern the proper exercise of public office and the management of State resources. They usually involve extensive investigations, abundant documentary evidence and the participation of oversight bodies.
At TREU Abogados we conduct the defense of public officials and private individuals under investigation, as well as the representation of the State and of victims where appropriate, with the utmost technical rigor at every stage of the proceeding.
Every case demands a different strategy. The difference lies not only in knowing the law, but in knowing how to build a theory of the case capable of withstanding every stage of the criminal proceeding.
How we work
How we handle your case
Comprehensive legal analysis
We carry out a complete study of the facts, the available evidence and the procedural situation to identify risks and opportunities and to define the most suitable strategy from the outset.
Procedural strategy design
Every proceeding requires its own planning. We build a solid theory of the case, determine the relevant means of evidence and establish the best legal course to protect our client’s interests.
Ongoing defense and representation
We accompany every stage of the criminal procedure, from the preliminary investigation to the final resolution, providing technical, strategic and results-oriented representation.
Scope of defense
Offenses we handle
In the area of offenses against public administration, we take on your defense or representation in these offenses.
Tap any offense to see what it involves and the penalty under the COIP.
Embezzlement of public funds
Taking, diverting or arbitrarily using public money or property handled by virtue of one's position. It can be committed by public servants, government contractors, and also by managers or employees of banks and credit unions with private funds. It includes, for example, bypassing public procurement procedures.
Penalty: 10 to 13 years in prison (5 to 10 in some variants); the maximum applies if an emergency is exploited or health, education or social security funds are involved, plus a lifetime ban from public office.
Art. 278 COIP
Illicit enrichment
A public servant increasing their own wealth, or someone else's, without being able to justify it, thanks to their position. It covers both receiving money or property and having debts paid off or cancelled, even if the assets are held in a third party's name.
Penalty: depending on the unjustified increase: 3 to 5 years in prison (up to 200 basic salaries), 5 to 7 (between 200 and 400) and 7 to 10 (over 400).
Art. 279 COIP
Bribery
A public servant receiving or accepting gifts, money, promises or other undue benefits to do, not do, speed up or delay something related to their duties. Whoever offers or gives the bribe, even to a foreign official, faces the same penalty.
Penalty: 3 to 5 years in prison; 5 to 7 if the official carries out the requested act or fails to perform their duty, and 7 to 10 if it is to commit another crime.
Art. 280 COIP
Extortion by a public official
A public servant, abusing their position, ordering or demanding that someone hand over money, gifts or other undue benefits, either directly or through other people.
Penalty: 3 to 5 years in prison; 5 to 7 if violence or threats are used, and the maximum if an emergency or state of exception is exploited.
Art. 281 COIP
Failure to comply with lawful decisions of a competent authority
Failing to comply with lawful orders or prohibitions that a competent authority has issued directly to a person, for example a court order or a restraining order. It is more serious if the person who disobeys is a member of the military or police.
Penalty: 1 to 3 years in prison; 3 to 5 years if committed by a member of the military or police.
Art. 282 COIP
Influence peddling
A public servant using their position, rank or a personal relationship to pressure another official into a decision that benefits them or third parties. Members of public boards who knowingly support it with their vote are also liable.
Penalty: 3 to 5 years in prison; the maximum if an emergency or state of exception is exploited.
Art. 285 COIP
Use of front men (straw-man arrangements)
Agreeing to appear as the owner of property, money, shares or assets that actually come from a public servant's illicit enrichment or from unjustified private enrichment. In Galápagos it also includes lending one's own tourism, fishing or other business permits to others.
Penalty: 3 to 5 years in prison; if the assets come from drug trafficking, human trafficking, organized crime or fraud, the same penalty as the crime being concealed.
Art. 289 COIP
Frequently asked questions
What clients usually ask us
Do these offenses only involve public officials?
No. In certain circumstances, private individuals may also become linked to this type of investigation.
What should I do if I receive a summons from the Prosecutor’s Office to give a statement?
It is advisable to obtain legal advice before appearing. The statement you give may affect the course of the investigation, so it is important to understand beforehand your rights and the legal implications of each step.
At what stage can a lawyer intervene?
Early intervention is often decisive. Having counsel from the preliminary investigation allows timely strategic decisions, the preservation of evidence and the proper protection of the client’s rights throughout the proceeding.
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