CECA MAGÁN has drafted a Prevention Model for companies, taking into account that a body with independent initiative and control powers must be in place to ensure that the company is in full compliance with the statutes required by law on its directors, executives, employees and any other dependents, in order for it to remain legally exempt in the event of an ulterior criminal offense.
Criminal Compliance Implementation Stages:
- Analyze and identify criminal risks.
- Propose controls to mitigate the likelihood of an avoidable risk.
- Draft an action plan and devise corrective actions.
- Staff training, communication and awareness actions.
- Support and follow up the assignment of a person responsible (in-house or third party hire) for periodically reviewing and assessing risks.
Among the most significant offenses which may be committed by the company in the field of Criminal Law:
- Influence peddling
- Environmental crimes
- Crimes against public health
- Forgery of payment methods
- Money laundering
- Crimes against the Tax and Social Security Authorities
New crimes which may be committed by a company:
- Offenses related to the obstruction of enforcement proceedings (submitting an incomplete or inaccurate list of assets when replying to a court enforcement order).
- Offenses related to discrimination (denigration, humiliation, or any other violation of fundamental rights are not limited to individuals, they can also be committed by companies).
Analysis: the challenges of the manager
- Our Partner in charge of the Barcelona office, José Nicolas de Salas, analyses the challenges faced by executives in compliance, risk and good corporate governance.
At Ceca Magán Abogados we strongly believe that taking a preventive approach in Compliance matters allows our clients to minimize their risks and anticipate potential effects -including to their company reputation- possibly impacting negatively their company’s record. Would you like to know more? Contact us!