Our corporate compliance services for a company’s implementation of a crime prevention model and regulatory compliance control systems.
Nowadays, there are many countries which have established, in their criminal justice systems, regulations about legal responsibility which make persons responsible under criminal law. These countries include France, Holland, Denmark, Belgium, Germany, the United Kingdom, Italy, Australia, the United States, etc. Spain did this with Spanish Organic Law 05/2010, as modified by Law 01/2015 which came into force on 01/07/2015.
With this reform of our Criminal Code, legal persons (commercial companies, associations, foundations, sports clubs, professional bodies, etc.) will be responsible under criminal law for crimes committed by their legal representatives as well as for crimes committed by their employees. This is with the exception of cases in which the company has adopted, before the committing of the crime, organisational, management and control programs which avoid the committing of criminal offences (CRIMINAL COMPLIANCE).
The success of a COMPLIANCE system will not only depend on the prevention of criminal risks but also on the realisation of the appropriate focus on prevention. The latter must include all the company activities and the various types of crime: from crimes involving taxes, finance, property, fraud, concealment of assets and bribery, to crimes of corruption amongst individuals, environmental crimes, data protection, intellectual property, etc.
Our objective at Pérez Domingo is to encourage the good government of companies, guaranteeing them an optimal management of corporate legal risks, providing consultancy from the process of creating a CORPORATE COMPLIANCE system to the resolution of incidents, and always representing their interests in courts.
Similarly, we also provide advice to foreign companies which need to adopt their internal procedures to Spanish regulations, so that they can carry out their activity in Spain while complying with current laws.
PROFESSIONAL SERVICES – PLAN OF ACTION
- Drafting of the complete risks map.
- Drafting of the criminal conduct map.
- Drafting of the code of conduct.
- Establishment of the protocols required for risk prevention.
- Designation of the person responsible for compliance.
- Establishment of the protocol for reporting crimes.
- Establishment of the possible actions to be taken in the company in situations of risk of criminal offences.
- Communication and distribution of the Crime Prevention Manual (CPM).
- System of disciplinary sanctions for infractions against the prevention model.
- Training of directors and employees.
- Reviews of the program and updates.