International cases · Economic crime
Investigated by the European Public Prosecutor in Spain
Since 1 June 2021 the European Public Prosecutor's Office (EPPO) investigates and prosecutes crimes against the EU's financial interests in the participating countries, Spain among them. Its cases often involve VAT fraud chains across several countries, EU funds and money laundering. In Spain they follow their own procedure, different from an ordinary criminal case.
Saúl Rosell Manglano · Criminal defence lawyer · Madrid · ICAM 83.198
The essentials
€10M
In cross-border VAT fraud, the EPPO acts when at least two EU countries are involved and the total damage is at least 10 million euros.
€10,000
For other offences against the EU budget, such as subsidies or EU funds, the threshold is generally 10,000 euros.
Prosecutor
In Spain the investigation is led by a European Delegated Prosecutor, not by an investigating judge.
What the EPPO investigates
Fraud affecting the EU budget: subsidies and EU funds obtained or used improperly, customs duties, and serious cross-border VAT fraud, such as carousel schemes between companies in several countries. It also covers corruption and money laundering linked to those offences, and participation in a criminal organisation focused on them.
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Spanish law also punishes laundering in Spain of money from crimes committed abroad, so a case can combine facts in several countries even if the EPPO is not involved.
How the procedure works in Spain
In Spain, under Organic Law 9/2021, the investigation is directed by a European Delegated Prosecutor. A judge of guarantees decides on measures that affect fundamental rights, such as searches, phone interception or pre-trial detention, and on some challenges to the prosecutor's decisions. The trial takes place before the ordinary Spanish criminal courts.
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This changes the defence: the deadlines, which decisions can be challenged and before whom, and how to ask for evidence are not the same as in an ordinary case. It is important to know them from the first summons.
Several countries at once
The EPPO works as a single office across the participating countries, and evidence in another participating country is obtained through a colleague European Delegated Prosecutor there, rather than through the usual requests between countries. For the defence that means looking at the whole case, not only the Spanish part, and coordinating with lawyers in the other countries where needed.
How we will understand each other
I work in Spanish. With my clients from abroad I use translation tools to read and answer messages, and we manage well that way. At the police station and in court the law gives you a free interpreter, and I make sure that right is respected. If you write to me in English, I will answer you.
Common questions
I have received a summons from the European Delegated Prosecutor. What should I do?
Do not attend without a lawyer, and do not send documents before knowing what you are being asked and in what capacity. Read the summons carefully: whether you are a witness or a suspect changes your rights.
My company bought goods from a supplier now accused of VAT fraud. Am I at risk?
The investigation may look at your company to see whether it knew or should have known about the fraud. Documentation of the operations, the checks made on the supplier and the real flow of goods are the key to the defence.
Is it urgent?
Call me on 688 884 488. I answer the phone myself, at any hour.
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