Money Laundering in Spain: The Law and Your Defence

Money laundering (blanqueo de capitales) under Article 301 of the Spanish Penal Code is one of the most complex and serious criminal offences. It is frequently charged alongside drug trafficking, tax fraud or organised crime. Sentences can reach 6 years for basic offences and significantly more with aggravating circumstances.

What Constitutes Money Laundering in Spain?

Under Art. 301 CP, money laundering requires:

1. An underlying criminal offence generating illicit assets.
2. Acts of acquisition, conversion, transmission or concealment of those assets.
3. Knowledge (or serious negligence) that the assets come from criminal activity.

Who Investigates Money Laundering in Spain?

Money laundering cases are investigated by SEPBLAC (Spain’s financial intelligence unit), the Guardia Civil UDYCO, and the Policía Nacional. Cases with international dimensions or connection to organised crime are prosecuted before the Audiencia Nacional in Madrid.

Sentences

• Basic offence: 6 months to 6 years imprisonment and fine.
• Aggravating circumstances (organised group, professional activity, large sums): 1 to 9 years.

Defence Strategies

• Challenging the proof of the predicate offence.
• Demonstrating lawful origin of the assets.
• Attacking the intent element — showing lack of knowledge of illicit origin.
• Challenging financial intelligence evidence and banking records.

Contact RINBER

Manuel Rincón Bernal specialises in economic crime and money laundering defence, including cases before the Audiencia Nacional. Call +34 627 467 042 — free consultation 24 hours.