DERECHO
INMOBILIARIO

CRIMINAL COMPLIANCE

Do not put your company’s security and prestige at risk. Avoid criminal liability of your management body by implementing a customised criminal compliance programme.

Call us on 91 421 24 67 or fill in the form and we will inform you without commitment.

    DERECHO
    INMOBILIARIO

    CRIMINAL COMPLIANCE

    Do not put your company’s security and prestige at risk. Avoid criminal liability of your management body by implementing a customised criminal compliance programme.

    Call us on 91 421 24 67 or fill in the form and we will inform you without commitment.

      Compliance
      Penal

      What is Criminal Compliance?


      The Criminal Compliance Programme is a set of internal regulations, established within the company on the initiative of the management body, with the aim of implementing an internal organization and management model to identify, prevent and manage the criminal risks of the business activity. This ensures that the company’s policies, procedures and operations are aligned with the laws and regulations through the establishment of monitoring measures and internal controls.

      Advantages of implementing a compliance programme in your company:

      • The company can be exonerated from criminal liability for offences which, under certain circumstances, may be committed within the company by employees and managers
      • It provides added value to the business organization, consisting of strengthening the continuous improvement philosophy, by providing ethical principles and codes of conduct which generate and strengthen the culture of legality and good corporate practices.
      • It will help you anticipate the possible offences which may be incurred by your company and to start the mechanisms to prevent them.

      But what offences can be committed by the legal entity?

      In a company, a legal entity can commit up to 29 offences. The most important are:

      • Privacy offences.
      • Discovery and disclosure of secrets.
      • Insolvency offences.
      • Computer-related damage.
      • Intellectual and industrial property offences.
      • Corruption.
      • Money laundering.
      • Illegal financing.
      • Offences against Public Finance.
      • Social Security offences.
      • Offences against worker rights.
      • Environmental offences.
      • Influence peddling.
      • Financing of terrorism.

      Each company must assess which type of offences can be committed in its context and business.

      Is Criminal Compliance compulsory?

      The Criminal Code does not expressly require the company to construct a criminal compliance model, but nor does the Criminal Code oblige people not to commit homicides. Just like committing a homicide has criminal consequences, the company must know that failing to implement a criminal compliance model entails significant risks.

      We are talking about the danger of being criminally liable as a company for offences which due to fraud or by simple negligence are committed by its managers or employees. Or, even, that the management body may be sentenced to imprisonment for breach of the monitoring and control duty.

      Is a standard Criminal Compliance programme possible?

      The belief that with a standard model you will be complying with the demands of article 31 bis of the Criminal Code is a big mistake.

      What is required is that the compliance programme is the result of a customised work.

      Each criminal compliance manual must prove that it is made to measure for the company taking into account its particular circumstances:

      • The nature of the company.
      • The corporate purpose.
      • The market you are working in.
      • The location.
      • The size.
      • The functional organization chart.
      • Your work processes.
      • Your risk activities.
      • Your risk behaviour.
      • Human resources management.
      • Corporate culture.

      How do we implement a compliance programme in your company?

      The management body of your company must carry out the task of implementing a criminal compliance programme.

      The development of a criminal compliance programme runs through a complex process whose fundamental milestones are:

      1. Implementation of the compliance.
      2. Training of employees.
      3. Follow-up, monitoring and control actions.

      Our work in the design and implementation of a criminal compliance programme starts with the company’s organization chart: functional areas or departments and 25 criminal offences which can lead to criminal liability for the company and management body.

      Through a consultation phase, the map is defined of the company’s risk activities. After this, a series of reports will be prepared on the basis of which we will make our professional contribution with the goal of completing an individualised compliance manual according to the characteristics and unique features of your company.

      Note that today there are many who claim to be specialized in criminal compliance matters and there are very few who actually have sufficient training and experience in this specialization. LIDIARE partners have extensive experience in this area.

      If you want information or to resolve any doubt, you can contact us. We will respond to all your questions about the customised compliance programs for your company.

      We would be happy to be able to help you.

      Problems with criminal compliance?

      WE WILL CALL YOU

      You do not need to worry about anything, click and we will contact you as soon as possible.

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