With the Penal Code Reforms of 2010 and the subsequent one in 2015, the criminal liability of legal entities (companies) appears as a legislative novelty in the Spanish legal system. Since then, the figure of Criminal Compliance has acquired special importance in Spain.
Compliance means regulatory compliance, both with external and internal regulations of the company itself. In this way, Criminal Compliance is known as the set of preventive tools and processes, whose purpose is to avoid and prevent the commission of crimes within the company.
Thanks to a system of Criminal Compliance effectively implemented in your company, it is possible to exempt this from criminal responsibility.
For a Criminal Compliance system to offer an exemption or mitigation of criminal liability to the legal entity, the following is required:
- – Identify criminal risks.
- – Implement protocols for the formation of the will of companies. Self-regulation.
- – Protocols to manage funds in order to avoid the commission of the crimes to be prevented.
- – Establish an obligation to report risks and breaches to the department or person who has the competence to monitor the operation and observance of the prevention model.
- – Implement a disciplinary system that has the capacity to impose consequences on those who fail to comply with the measures that have been implemented (sanctions).
- – Periodically verify the implemented model, as well as having the capacity to establish modifications if relevant infractions take place or when there are changes in the company, either in its activity or in its control structure.
The development of a Criminal Compliance system requires an individualized and detailed analysis of the company.
Criminal Compliance not only helps the company avoid possible criminal liability and its consequent legal and reputational risks, but also improves its image by allowing it to present itself to third parties as a modern company capable of detecting fraud and negative incidents in its management. It also allows the company to guarantee the degree of compliance according to a standard, making it easier for it to choose to grow and interact with large companies and Public Administrations.
For all these reasons, having a Criminal Compliance system implemented is the best decision for your company, even small or medium-sized companies can and should choose to standardize in order to grow in the medium and long term, while protecting themselves against possible criminal liabilities.
Do you need a Criminal Compliance system in your company? Contact us
If you are looking to implement a Criminal Compliance system in your company, at Apalategui Abogados we offer comprehensive advice tailored to the needs of your company, do not hesitate to contact us.