The implementation of a Criminal Compliance Management System has become an essential requirement that mitigates or exempts legal persons (commercial companies, foundations and associations) from criminal liability because of the crimes committed by their legal representatives, authorized persons and by their employees due to breach of the duty of vigilance and control established by the Penal Code.
The consequences for legal persons that are convicted of any crime committed by their administrators, managers or employees, from which the company benefits-directly or indirectly-are important sanctions and fines, exclusions in subsidies and public tenders, and reputational damage with the media condemnation that it entails, without forgetting the risk of the administrator who is exposed to respond with his personal assets.
Establishing a criminal risk prevention model entails a series of competitive advantages since it attracts clients and investors, makes it possible to detect inefficiencies and anomalies, establishing behavioral patterns within the company that contribute to consolidating ethical principles together with a culture of compliance and good practices that result in good governance.
From Cortizo Legal we provide our clients with assistance in the process of adaptation, design or implementation of the Criminal Risk Management Model, complying with the recommendations of UNE-ISO 19600, with all the requirements established in the Penal Code and with the recommendations of of the circular note 1/2016 of the State Attorney's Office:
- Diagnosis and analysis of criminal risks.
- Report of risk activities
- Risk behavior report
- Corporate Policies
- Training Plan
- Whistleblower Channel
- Disciplinary Regime
- Monitoring, control and follow-up plan