Question 1

What is Roldán Advocats specialized in?

Accepted Answer

Roldán Advocats is a legal boutique in Barcelona specialized in high-complexity legal disputes across two dedicated areas: CORPORATE AREA (defending executives, shareholders, and corporations against corporate and financial crimes, tax fraud, breach of trust, fraudulent bankruptcy, and asset freezes) and FAMILY AREA (providing comprehensive legal direction in high-conflict divorces in Catalonia, synchronizing civil matters —custody, parenting plans, housing, assets— with parallel criminal proceedings).

Question 2

Who is this legal service intended for?

Accepted Answer

We represent corporate executives, entrepreneurs, and companies facing criminal investigations and asset freezes, as well as private clients in high-stakes family breakups in Catalonia requiring sophisticated custody, asset division, and criminal defense coordination.

Question 3

Where do you practice?

Accepted Answer

Our main office is in Barcelona (Carrer dels Madrazo 27, Sarrià - Sant Gervasi). We provide continuous in-person representation across Barcelona and litigate before trial, family, and provincial appellate courts throughout Catalonia.

Question 4

Why choose this firm?

Accepted Answer

Because of our distinctive capacity to integrate civil-property, corporate, and criminal strategies under the direct leadership of Daniel Roldán. Unlike large corporate firms where cases are delegated to junior associates, at Roldán Advocats you work directly with the managing partner throughout the entirety of your proceedings.

Question 5

What distinguishes your boutique practice from other options?

Accepted Answer

We adhere strictly to the classic boutique model: we intentionally restrict case intake to dedicate extensive study to every client, ensuring rapid responsiveness, human attention, and absolute legal privilege.

Question 6

What makes a divorce complex in Catalonia and in what order should decisions be made?

Accepted Answer

In Catalonia, divorces are governed by Book Two of the Catalan Civil Code, which sets distinct statutory standards from Spanish common law. A divorce is complex when it involves intertwined stakes: child custody, the marital home, corporate shares, and potential criminal allegations. The tactical sequence is: children first (parenting plan); family residence next; financial maintenance and compensations third; and final asset division last.

Question 7

How do judges determine joint custody under the Catalan Civil Code?

Accepted Answer

Under art. 233-10 CCCat, joint custody is the statutory preferred regime in Catalonia unless contrary to the child's best interests. Judges assess previous caregiving roles, parental availability, geographic proximity, and children's mature preferences. Submitting a realistic, detailed parenting plan is decisive.

Question 8

Who gets use of the family home and how are mortgages allocated?

Accepted Answer

In Catalonia, residential occupancy (art. 233-20 CCCat) is distinct from property ownership. It is assigned to the custodial parent or granted temporarily to the spouse with greater economic need. The mortgage remains a joint debt to the bank, necessitating clear settlement agreements on payments or property liquidation.

Question 9

What is the distinction between work compensation (art. 232-5) and compensatory maintenance (art. 233-14)?

Accepted Answer

Work compensation looks backwards to retroactively compensate domestic or business collaboration during separate property marriage. Compensatory maintenance looks forward to temporarily cushion economic disparity post-breakup. Notably, compensatory maintenance is permanently forfeited if not requested during the initial matrimonial proceeding.

Question 10

What happens to family business shares in a divorce?

Accepted Answer

Under separate property regimes, corporate equity remains with the titleholder spouse. However, business value created through non-remunerated collaboration can trigger substantial economic compensation rights under art. 232-5 CCCat.

Question 11

How does a criminal complaint or protective order affect family court proceedings?

Accepted Answer

Under art. 233-11.3 CCCat, substantiated allegations of family violence immediately suspend parental custody and visitation. Restraining orders alter the entire negotiation dynamic, making synchronized civil-criminal counsel essential.

Question 12

Does draining bank accounts or transferring assets prior to divorce entail criminal liability?

Accepted Answer

Yes, it can constitute fraudulent asset concealment (art. 257 CP, punishable by 1 to 4 years imprisonment) if executed to thwart marital obligations. In civil courts, it warrants emergency asset freezing.

Question 13

How are gender-violence allegations defended within high-conflict divorces?

Accepted Answer

Immediate tactical defense is required at the police station to prevent default protective orders. We examine allegations critically by presenting unassailable digital evidence (full chat logs, call records) and financial documentation.

Question 14

When does failure to pay child maintenance become a criminal offense?

Accepted Answer

Defaulting on 2 consecutive or 4 non-consecutive monthly payments can trigger art. 227 CP. However, criminal conviction requires willful refusal despite financial capacity. We establish proven insolvency while seeking formal civil downward modification.

Question 15

When is child relocation considered international or domestic abduction?

Accepted Answer

Under art. 225 bis CP, relocating a minor without the other parent's consent or violating court custody rulings constitutes a serious felony. We provide proactive preventative advisory and swift judicial intervention.

Question 16

What to do when facing a criminal tax fraud investigation?

Accepted Answer

Tax offenses penalize tax evasion exceeding €120,000 per tax year (art. 305 CP). We team with forensic accounting experts to establish whether discrepancies reflect accounting interpretations or if voluntary disclosure is available to extinguish liability.

Question 17

Can a breach of contract constitute criminal fraud?

Accepted Answer

Only exceptionally. A failure to perform or pay under a contract is normally a civil or commercial breach. For criminal fraud (art. 248 CP) to exist, there must be prior and decisive deception: one party contracted knowing in advance they would not perform, deceptively simulating solvency to profit. Document and communications analysis determines whether criminal elements exist or if the dispute is strictly civil/commercial.

Question 18

If I file a criminal complaint, can I also recover the money?

Accepted Answer

Yes. Whoever is criminally liable for an offense is also civilly liable for damages and losses caused (art. 116 CP). When criminal action is taken, civil action is understood to be exercised as well, unless expressly waived or reserved for a subsequent civil lawsuit. Therefore, the criminal proceeding can encompass the recovery of defrauded funds and compensation for financial damage.

Question 19

Is it illegal for a former collaborator or employee to solicit company clients?

Accepted Answer

Not inherently. Spanish law protects free enterprise and competition. Competing or approaching customers only becomes unlawful if unfair means are employed (such as misusing misappropriated trade secrets, disparagement, or consumer confusion) or if a valid, compensated post-contractual non-compete covenant is breached. Contract terms and specific facts must be assessed.

Question 20

What can I do if confidential information from my business has been used?

Accepted Answer

First, immediately preserve all electronic and documentary records (access logs, data downloads, emails) without alteration. Next, we determine whether the information meets statutory trade secret requirements. This allows seeking urgent court injunctions to halt disclosure/use, pursuing compensation for financial damage, and filing criminal charges (art. 278 CP) if unlawful procurement or trade secret theft occurred.

Question 21

What criminal exposures do company directors face during insolvency?

Accepted Answer

In bankruptcy proceedings, directors risk prosecution for punishable insolvency (art. 259 CP) if asset concealment or accounting irregularities occurred. We prove that transactions were legitimate business decisions made in good faith.

Question 22

How do you oppose bank freezes or disproportionate bail bonds?

Accepted Answer

Precautionary freezes can destroy corporate cash flow before trial. We file emergency appeals documenting payroll and operational impacts and propose alternative guarantees to unfreeze operating accounts.

Question 23

Is a Criminal Compliance program mandatory for SMEs?

Accepted Answer

It is not administratively mandatory, but it represents the only statutory mechanism providing complete corporate criminal exemption if an employee or director commits an offense benefitting the company.

Question 24

Can a company director face imprisonment following an industrial accident?

Accepted Answer

Yes. The Spanish Criminal Code punishes occupational safety omissions severely under risk offenses (art. 316 CP) and involuntary manslaughter. We intervene immediately to audit safety compliance and training records.

Question 25

How do you structure defense in sexual offense allegations?

Accepted Answer

Sexual offenses carry heavy penalties and often rely on single-witness accounts. We rigorously examine the credibility of the accusation, verify peripheral corroborations, and obtain independent psychological expert evaluations from day one.

Question 26

What are your legal fees?

Accepted Answer

In criminal law and family law, flat standard fees are not viable, as each matter involves distinct procedural stages and specific complexities. Nonetheless, we uphold complete fee transparency. Following our initial evaluation, we provide a written engagement letter with a fixed, comprehensive budget and agreed milestone payment terms.

Question 27

What occurs during the initial consultation?

Accepted Answer

The initial consultation focuses on reviewing facts and documentation to design a tailored defense strategy. Daniel Roldán assesses procedural strengths, evidentiary avenues, and total fee expectations before formal case onboarding.

Question 28

Can I change defense counsel during an active proceeding?

Accepted Answer

Yes, the constitutional right to defense guarantees the freedom to revoke counsel at any time. The process is completely professional and seamless: we request case transfer files without disrupting hearings or deadlines.

Question 29

What level of confidentiality and privacy is provided?

Accepted Answer

100% legal confidentiality protected by statutory professional privilege under Art. 542.3 of the Organic Law on the Judiciary. All communications and documentation are strictly shielded and encrypted.

Question 30

How do I book a private consultation with Daniel Roldán?

Accepted Answer

You can write directly to daniel.roldan@icab.cat or schedule an appointment through our online booking calendar. We review your summons or case facts and arrange an in-person meeting in Barcelona or secure video call on a priority basis.

Frequently Asked Questions