In Lawyers & Accountants we have a complete team of professionals specialised in Criminal Compliance for companies, with a long history in the implementation of systems to prevent criminal felonies in a society.

What is a Criminal Compliance?

The Criminal Compliance is composed of two branches: compliance and criminal law.

The compliance is a set of tools with a preventive character whose principal objective is to guarantee that the activity of a company fulfilled all the corresponding legal and political rules, sector codes, etc.

On the other hand, Criminal Law consist of the law that regulated the punitive power of the State, and which in turn established the sanctions of those actions committed that do not comply with the rules of a society.

That said, the Criminal Compliance is the set of tools with a preventive character, whose main objective is to avoid that a company make criminal infractions, as well as the corresponding sanctions arising from these infringements.

 

Criminal Compliance Requirement

To ensure that all companies to have an effective control system, the Criminal Code stablishes the requirements that a Criminal Compliance must have:

• Identification of those activities most likely to commit a criminal offence to take appropriate prevention measures.
• Establish protocols to specify the process of formation of the will of the legal person, as well as of the adoption of decisions and their execution.
• Provision of models for managing the company’s financial resources to avoid committing those crimes that should be prevented.
• Obligation to report possible risks or non-compliance.
• Establish a disciplinary system through which non-compliance with those measures set out in the model.
• Verification of the prevention system periodically to adjust to possible changes within an organisation.

 

Why is the Criminal Compliance useful for?

The Criminal Compliance will try to avoid the penalties set out in the Criminal Code, through a model that will include all relevant prevention measures:

• Fines for quotas or proportional fines, which can reach 9 million euros, or five times the value of the profit obtained.
• Dissolution of the legal entity.
• Suspension of business activities for a period of less than five years.
• Closure of premises and establishments for a period of less than five years.
• Prohibition to carry out future activities in the exercise of which an offence has been committed, concealed or encouraged.
• Disqualification from obtaining public subsidies and aid.
• Judicial intervention to safeguard the rights of workers or creditors, for a period of less than five years.

 

The Criminal Compliance will provide grater view and a grater control to the company, decreasing the risk of committing a criminal offence

 

Bet on Criminal Compliance in your company with Lawyers & Accountants

The specialists in Criminal Compliance in Lawyers & Accountants will carry out the following services:

• Development and implementation of management and supervision models adapted to the company and aimed at preventing or significantly reducing the risk of committing crimes within the legal person. Considering, in addition to the national legislation in force, the guidelines referred to in Circular 1/2016 of the Attorney General’s Office, the case law of the Supreme Court and the UNE-ISO 19600 standard.
• Review of models or processes already implemented.
• Advice regarding the responsibility of the administrators.
• “In Company” training.
• Verification and improvement of the model.
• Measures to prevent money laundering and financing of terrorism (prevention handbook, due diligence measures, monitoring and training).
• Corporate defence.

 

Contact Lawyers & Accountants to make the Criminal Compliance plan of your company without any commitment. We will give you personalised advice and information.  clientes@landac.com