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Economic expert evidence and forensic accounting

We prepare independent, technically sound economic, accounting and forensic expert reports, and we defend them in court.

AreaDefend
CoverageThroughout Spain
FrameworkLEC · LECrim
FirmROAC no. S1604
In briefEconomic expert evidence brings to the proceedings the accounting and financial expertise the judge needs to assess facts or quantify amounts. In civil proceedings it is governed by arts. 335 et seq. of the Spanish Civil Procedure Act (Ley de Enjuiciamiento Civil, LEC), which require the expert to declare that he or she is acting with the greatest possible objectivity; in criminal proceedings, by the Spanish Criminal Procedure Act (Ley de Enjuiciamiento Criminal, LECrim). We act in court, arbitration and insolvency proceedings and in fraud investigations.

Reviewed by Controlaudit's audit team · Firm registered with the ROAC under no. S1604 · Updated 13 October 2026

What it involves

An economic expert report is a technical opinion that analyses facts with economic significance (balances, flows of money, results, values, damages) and explains them clearly to whoever has to decide: a judge, an arbitrator or the company itself. Its usefulness depends on two things: the technical rigour of the analysis and the expert's ability to defend it against questions and objections.

At Controlaudit we specialise in economic expert evidence and forensic accounting. Our team brings together experts in finance, accounting and auditing, and we work with professionals in technical fields such as cybersecurity, engineering or the environment when the matter requires it. We assist companies, law firms and courts in judicial and arbitration proceedings, insolvency and pre-insolvency processes, and in the prevention and investigation of fraud.

Forensic work goes a step further than accounting expertise: it reconstructs transactions, follows the money (cash tracing), identifies irregularities, and obtains and safeguards digital evidence so that it can be used in proceedings. We prepare fully defensible expert reports, economic and financial opinions, accounting verifications and economic valuations.

Who it is for

  • Law firms that need to quantify a claim or rebut the opposing party's expert report.
  • Companies that suspect internal fraud, misappropriation of funds or accounting irregularities.
  • Shareholders and directors in corporate disputes: accountability, distribution of profits or the value of shareholdings.
  • Parties to claims for damages and loss of profit arising from breach of contract or unlawful acts.
  • Buyers and sellers in disputes over price adjustments, completion accounts or warranties following the sale and purchase of a company.
  • Creditors, debtors and practitioners involved in insolvency and pre-insolvency proceedings.

Civil proceedings. Art. 335 of the Spanish Civil Procedure Act (Ley de Enjuiciamiento Civil) allows the parties to submit expert reports where scientific, technical or practical knowledge is needed to assess relevant facts. When issuing the report, the expert must state, under oath or affirmation to tell the truth, that he or she has acted and will act with the greatest possible objectivity, taking into account both what may favour and what may harm any of the parties, and that he or she is aware of the criminal penalties that could be incurred for breach of that duty.

Party-appointed expert reports are submitted with the statement of claim or the defence (art. 336). If that is not possible, they must be announced in those pleadings and submitted as soon as they are available and, in any event, five days before the pre-trial hearing in ordinary proceedings or within thirty days of the statement of claim or defence in verbal proceedings (art. 337.1). The parties may also ask the court to appoint an expert (art. 339). Experts must hold the official qualification relevant to the subject matter and be recognised experts in it (art. 340).

At trial, the expert may be called to present or explain the report, answer questions and objections on method, premises and conclusions, and face criticism from the opposing expert (arts. 337.2 and 347). Party-appointed experts cannot be recused, but they can be challenged (tacha) on grounds such as kinship with the parties or an interest in the matter (arts. 124 and 343). The court weighs expert reports according to the rules of sound judgement (sana crítica) (art. 348).

Criminal proceedings. The Spanish Criminal Procedure Act (Ley de Enjuiciamiento Criminal) provides for expert reports during the investigation phase when scientific or artistic knowledge is required (arts. 456 et seq.) and for experts to give evidence at trial, where they answer questions and cross-examination from the parties (arts. 723 to 725).

Insolvency proceedings (concurso de acreedores). The Spanish Consolidated Insolvency Act (TRLC) gives rise to issues in which economic expert evidence is common, such as determining the date of insolvency, analysing transactions prior to the insolvency proceedings or the company's financial development.

SituationRuleWhat it means
Party-appointed expert report in civil proceedingsArts. 335 to 337 LECOath of objectivity; submission with the statement of claim or defence or, if that is not possible, within the deadlines of art. 337.
Court-appointed expertArts. 339 and 346 LECAppointment at a party's request; written report and possible appearance at trial or hearing.
Expert requirementsArt. 340 LECOfficial qualification relevant to the subject matter and proven experience.
Appearance at trialArts. 347 and 348 LECExplanation, questions, objections and criticism from the opposing expert; assessment according to sound judgement.
Challenges to party-appointed expertsArts. 124 and 343 LECGrounds such as kinship, interest in the matter or dependence on one of the parties.
Criminal proceedingsArts. 456 et seq. and 723 to 725 LECrimExpert report during the investigation and examination of experts at trial.

What is included

Court and arbitration proceedings

Economic and accounting reports for civil, commercial and criminal proceedings and arbitrations: analysis of balances and movements, determination of results and equity, and contractual settlements.

Insolvency and pre-insolvency

Analysis of financial and equity developments, the date and causes of insolvency and transactions prior to the insolvency proceedings, as well as economic support in restructuring processes.

Fraud investigation

Detection and analysis of accounting irregularities, misappropriation, fictitious invoicing and conflicts of interest, with quantification of the loss and proposed control improvements.

Cash tracing

Reconstructing the money trail through bank accounts, companies and third parties to identify where funds went and whether they can be recovered.

Digital evidence

Obtaining, preserving and safeguarding electronic evidence (emails, accounting files, databases) with integrity guarantees, in collaboration with cybersecurity specialists.

Damages and loss of profit

Quantification of actual loss and loss of profit, price adjustments and warranties in company sales and purchases, and economic valuations for use in proceedings.

How we work

  1. 01

    Preliminary analysis and conflicts

    We study the matter, the subject of the expert report and the procedural deadlines, and check that there are no conflicts of interest or circumstances compromising our independence or objectivity.

  2. 02

    Defining the engagement

    We agree with the client and their lawyer the questions the report must answer, the documentation needed and the timetable for meeting the submission deadlines.

  3. 03

    Obtaining and analysing information

    Review of the accounting records, bank documentation, contracts and digital evidence, with traceability of every piece of data used. The timeframe depends on the volume of information.

  4. 04

    Issuing the report

    Written report setting out the purpose, sources, methodology, analysis and conclusions, together with the statement of objectivity required by law.

  5. 05

    Ratification and defence at trial

    Preparation and appearance at the trial, hearing or arbitration hearing to explain the report and answer questions from the parties and the court.

Documentation and deliverables

What we will ask you for

  • Statement of claim, defence and other relevant pleadings, or a description of the dispute if proceedings have not yet begun.
  • Accounting records for the years concerned: journals and general ledgers, trial balances and annual accounts.
  • Bank statements and supporting documents for receipts and payments.
  • Contracts, invoices, orders and correspondence relating to the facts.
  • The opposing party's expert reports, if any.
  • Minutes of corporate bodies and corporate documentation in the case of shareholder disputes.
  • Digital media or system access where electronic evidence needs to be obtained.

What you will receive

  • Economic or forensic expert report, signed and including the statement of objectivity under art. 335.2 LEC when submitted in civil proceedings.
  • Appendices with calculations, sources and traceability of the information used.
  • Review or rebuttal report on the opposing party's expert report, if engaged.
  • Ratification and defence of the report at the trial, hearing or arbitration hearing.

Frequently asked questions

It is a report prepared by an expert in accounting, finance or auditing that analyses facts with economic significance and quantifies amounts so that the judge or arbitrator can assess them. In civil proceedings it is governed by arts. 335 et seq. of the Spanish Civil Procedure Act.

As a general rule, with the statement of claim or the defence. If that is not possible, it must be announced in those pleadings and submitted as soon as it is available and, in any event, five days before the pre-trial hearing in ordinary proceedings or within thirty days of the statement of claim or defence in verbal proceedings (art. 337.1 LEC).

Although engaged by one of the parties, the expert is required by law to declare under oath or affirmation that he or she is acting with the greatest possible objectivity, taking into account what favours and what harms each party (art. 335.2 LEC). In addition, the expert can be challenged if he or she has an interest in the matter or a relationship with the parties. A biased report loses credibility before the court.

It is the expert’s appearance at the trial or hearing to confirm the report, explain it and answer questions and objections from the parties and the court. The Spanish Civil Procedure Act governs this appearance in arts. 337.2 and 347.

It means following the money trail: movements of funds between accounts, companies and individuals are reconstructed to identify where they came from and where they went. It is common in fraud investigations, corporate disputes and insolvency proceedings.

It is an estimate of the profit that was not earned as a result of the harmful event, comparing the actual situation with the one that would have existed without it. It requires historical data, reasonable assumptions and the deduction of costs that were not in fact incurred.

Before accepting any expert witness engagement, we analyse potential conflicts of interest and the independence requirements of audit legislation. If there is a conflict or a ground for challenge, we will not accept the engagement.

Yes. We take on engagements throughout Spain, appearing in person or, where the court so decides, by videoconference.

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