Article 262 [source]

Spanish Criminal Code
English translation

1. Those who solicit bribes or promises to avoid participating in a public tender or auction; those who attempt to dissuade bidders through threats, bribes, promises, or any other artifice; those who conspire to manipulate the auction price; or those who fraudulently withdraw from or abandon the auction after having been awarded the item, shall be punished with imprisonment for one to three years and a fine of 12 to 24 months, as well as special disqualification from bidding in judicial auctions for three to five years. If the tender or auction is convened by public administrations or entities, the agent and the person or company they represent shall also be subject to special disqualification, which shall in all cases include the right to contract with public administrations for a period of three to five years.

2. The judge or court may impose one or more of the consequences provided for in Article 129 if the guilty party belongs to any society, organization or association, even of a temporary nature, that is dedicated to carrying out such activities.

3. Directors, de facto or de jure administrators, managers, and other current and former staff members of any company, whether incorporated or in formation, who in that capacity have committed any of the acts provided for in this article, shall be exempt from criminal liability when they cease their participation in them and cooperate fully, continuously, and diligently with the competent authorities, providing information and evidence that the authorities lacked and that is useful for the investigation, detection, and punishment of the other persons involved, provided that the following conditions are met:

a) They actively cooperate in this regard with the competition authority handling the case;

b) these companies or natural persons have submitted an application for exemption from payment of the fine in accordance with the provisions of the Competition Act;

c) this application was submitted before the current or former directors, de facto or de jure administrators, managers, and other staff members of the company, whether incorporated or in formation, were informed that they were being investigated in relation to these acts;

d) This involves active collaboration with the judicial authority or the Public Prosecutor's Office, providing useful and specific evidence to ensure proof of the crime and identify other perpetrators.