The implementation of an adequate CRIMINAL COMPLIANCE system in your company offers you added value that will allow you to grow and improve in an increasingly competitive and demanding world.
A crime prevention system is the key to protecting your company from possible criminal liability with the serious consequences that this entails.
COMPLIANCE means regulatory compliance. CRIMINAL COMPLIANCE is the set of preventive tools and processes that aim to avoid and prevent the commission of crimes within the company.
In Spain, the figure of CRIMINAL COMPLIANCE acquires special relevance with the birth of criminal responsibility of legal persons, a legislative novelty that reaches our legal system after the Reform of the Penal Code of 2010 and the subsequent one in 2015.
The relevance of an effective and truly implemented CRIMINAL COMPLIANCE system in your company lies in providing your company with the possibility of exempting it from criminal liability.
What is required for a Criminal Compliance system to offer an exemption or mitigation of criminal responsibility to the legal person?:
Identification of activities in which the crimes that must be prevented may be committed. Identify criminal risks.
Establish protocols or procedures that specify the process of forming the will of the legal entity, making decisions and executing them, that is, self-regulation.
Have adequate financial resource management models to prevent the commission of crimes that must be prevented.
Impose the obligation to report possible risks and non-compliance to the body in charge of monitoring the operation and observance of the prevention model.
Implement a disciplinary system that has the capacity to impose sanctions on those who fail to comply with the measures established by the model.
Carry out periodic verifications of the model and its eventual modification when relevant infringements of its provisions are revealed or when there are changes in the organization, in the control structure or in the activity carried out that make them necessary.
Criminal Compliance, the best decision for your company
The best decision for your company will be to have a Criminal Compliance system implemented, not only to avoid possible criminal liability of the company and the consequent legal and reputational risks, but to be able to present itself to third parties as a modern company, capable of detecting fraud and negative incidents in its management. In addition, Criminal Compliance allows you to guarantee the degree of compliance according to a standard that will facilitate the choice to grow and interact with large companies and Public Administrations.
Each company requires an individualized and detailed analysis for the development of a Criminal Compliance system, also a small or medium company can and should choose to standardize to grow in the medium and long term. If you are interested in implementing a Criminal Compliance system in your company, do not hesitate to contact us.
Certified Compliance Specialists
At Apalategui Abogados we have CESCOM Compliance certification, granted by the Spanish Compliance Association ASCOM and IFCA (International Federation of Compliance Associations), thus being internationally certified Compliance professionals.
“It’s easy to be good, the difficult thing is to be fair”
Do you need a lawyer specialized in Criminal Compliance? Contact us.
If you need a specialist to implement a Criminal Compliance system in your company, do not hesitate to contact APALATEGUI ABOGADOS. You can contact us through our contact form, or more immediately through the following phones:
Available during the opening hours of our law firm in Malaga: Monday to Thursday from 9:30 a.m. to 1:30 p.m. and from 4:30 p.m. to 7:00 p.m., Friday only from 9:30 a.m. to 1:30 p.m.