1. A prison sentence of six months to six years, a fine of two to five years, or from one to three times the benefit obtained or favored, or the damages avoided, if the resulting amount is higher, and special disqualification from intervening in the financial market as an actor, agent or intermediary or informant for a period of two to five years, shall be imposed on those who:
1. Using violence, threat, deception or any other artifice, alter the prices that would result from the free competition of products, goods, financial instruments, spot contracts on raw materials related to them, reference indices, services or any other movable or immovable things that are the object of contracting, without prejudice to the penalty that may correspond to them for other crimes committed.
2. By themselves, directly or indirectly, or through a means of communication, via the internet or through the use of information and communication technologies, or by any other means, disseminate news or rumors or transmit false or misleading signals about persons or companies, knowingly offering totally or partially false economic data in order to alter or preserve the quoted price of a financial instrument or a related spot contract on raw materials or to manipulate the calculation of a benchmark index, when they obtain, for themselves or for a third party, a benefit, provided that any of the following circumstances apply:
a) that said benefit was greater than two hundred and fifty thousand euros or a loss of the same amount was caused;
b) that the amount of funds used was greater than two million euros;
c) that a serious impact on the integrity of the market was caused.
3. Carry out transactions, transmit false or misleading signals, or give trading orders likely to provide false or misleading indications about the supply, demand, or price of a financial instrument, a related commodity spot contract, or benchmark indices, or secure, using the same information, alone or in concert with others, a dominant position in the market for such instruments or contracts with the aim of fixing their prices at abnormal or artificial levels, provided that any of the following circumstances apply:
a) that as a result of their conduct they obtain, for themselves or for a third party, a profit exceeding two hundred and fifty thousand euros or cause a loss of the same amount;
b) that the amount of funds used exceeds two million euros;
c) that a serious impact on market integrity is caused.
2. The penalty will be imposed in its upper half if any of the following circumstances apply:
1. That the subject habitually engages in the aforementioned abusive practices.
2. That the benefit obtained, the loss avoided, or the damage caused is of considerable importance.
3. If the person responsible for the act is a worker or employee of an investment services firm, credit institution, supervisory or regulatory authority, or governing body of regulated markets or trading venues, the penalties will be imposed in their upper half.