Since 2010 legal entities may be held criminally liable in two cases: for offences committed by their legal representatives and directors for and on behalf of the legal entity, or for offences committed by employees not appropriately controlled. In addition, after the recent reform of the Criminal Code, the legislator exempts from criminal responsibility those companies that prove they have adopted and properly implemented prevention programmes of a pre-criminal nature.
Said regulatory changes have arisen due to the implementation of the corporate compliance culture, matching the corporate culture of other neighbouring countries. Not only does compliance culture implementation prevent companies from committing crimes, but also constitutes an internal management tool to identify risks and misconduct within companies in order to mitigate them and neutralize possible reputational damage.
At Segarra, we advise our clients in all matters related to prevention, by implementing risk control systems, good practice manuals, codes of conduct and protocols of action in matters of regulatory compliance in any of its areas (criminal compliance, prevention of occupational risks, money laundering, data protection, implementation of corporate governance codes, etc.). Furthermore, we periodically review the existing compliance programmes and propose improvements and updates to them.
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