Crime prevention programs
The Organic Law 5/2010 of June 22, introduced in Spain the direct criminal liability of legal entities for criminal acts committed by their legal representatives and directors, on behalf and for the benefit of such entities, or by workers who have not been properly supervised.
Furthermore, legislators, regulatory bodies and national and international organizations, are actively working on the development of demanding governance frameworks. In this context, corporations need to keep in mind not only their economic interests, but also market and stakeholders expectations, proving the development of their business in accordance with ethics, transparency and the highest standards of business leadership and corporate culture.
Companies of all sizes demand highly specialized compliance advisory services as a tool to carry out a correct approach to the prevention, detection and mitigation of criminal risks or irregular situations, as well as, to prevent criminal liability and avoid reputational damage.
Criminal Compliance programs Implementation and Requirements
Crime Prevention Programs are the necessary tool to avoid non-Compliance penalties and criminal convictions. Likewise, these programs have positioned themselves as an essential element for business development and are frequently demanded as a requisite for contracting or obtaining public or private fundings.
Our Corporate Compliance lawyers advice companies in all phases of Crime Prevention Programs implementation, ensuring that the said Programs achive legal requirements. Some of these requirements are:
- 1. Identify those activities within the scope of which the crimes to be prevented may be committed
- 2. Set up appropriate protocols and procedures to mitigate the identified risks
- 3. Financial resources
- 4. Supervisory Body
- 5. Whistleblowing channel
- 6. Specific training and communication activities
- 7. Monitoring and continuous improvement activities
Legal advise in Compliance matters
- Implementation or updating of crime prevention programs
- Development of policies and/or procedures for criminal risk mitigation
- Assistance and support to the body in charge of Compliance
- Desing and implementation of whistle blowing channels
- Technological support
- Continuous improvement actions
- Communication and awareness actions
- Compliance training
- Advice and assistance in obtaining Certifications (ISO, UNE, other)
- Corporate defense
- Internal investigations
The whistleblowing channel is the tool that allows employees and third parties to confidentially alert about irregular or criminal conducts.
In addition to the legal requirement of Article 31 bis of the Criminal Code, on December 17, 2021, Directive (EU) 2019/1937 of the European Parliament and of the Council on the protection of persons who report breaches of Union law came into force in Spain and in the rest of European Union countries. In this new legal framework, companies with more than 50 employees, both public and private, have the obligation to implement internal whistleblower channels adequate to the requirements of said regulation.
CECA MAGÁN's Compliance lawyers support their clients in this legal challenge by providing specialized advice and technological tools adapted to new requirements. We also collaborate with the companies in the management of complaints received if demanded.
Contact with business Compliance lawyers
Our Compliance lawyers firmly believe that a preventive approach allows our clients to minimize their risks and anticipate potential reputational crises that could affect them. We can help you go a step beyond regulatory compliance and bring your business in line with current corporate demands.