Property offences

Price manipulation in public tenders and auctions

Article 262 of the Spanish Penal Code punishes certain behaviors related to the manipulation of public tenders and auctions, with the aim of protecting the proper formation of prices. Specifically, it penalizes individuals who engage in any of the following conduct:

  1. Soliciting payments or promises in exchange for not participating in a public competition or auction.
  2. Attempting to discourage bidders from participating in a public competition or auction by using threats, payments, promises, or any other deception.
  3. To collude to alter the auction price in a public competition or auction.
  4. To fraudulently break or abandon an auction after having been awarded the contract.

The behaviors described above carry a prison sentence of 1 to 3 years and a fine of 12 to 24 months, as well as the penalty of special disqualification from bidding in judicial auctions for a period of between 3 and 5 years.

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