Department of Criminal Law

We ensure that companies are compliant with the new regulations

The amending of the Criminal Code that began in 2010 and concluded with Organic Law 1/2015 of 30 March allows companies to be declared criminally liable for offences committed by their directors, legal representatives or employees if they result in a direct or indirect benefit to the company. However, even if people in the company engage in criminal activity, the company can still manage to mitigate or avoid criminal liability if it has established and rolled out measures in the organisation that allow for control over the committing of offences. This could involve, for example, the implementation of a Crime Prevention Plan, also known as a Criminal Compliance Programme.

The huge number of regulations and growing complexity of the legal rules raise the risk of breaches by companies and require the Crime Prevention Plan to be updated, adapting it to the new regulations to ensure that it remains effective. Another issue to consider is the recent Organic Law 10/2022, of 6 September, on the comprehensive guarantee of sexual freedom, which broadens the catalogue of crimes that could result in criminal liability for legal entities. Then there is the even more recent Law 2/2023, of 20 February, on the protection of people who report violations of regulations and the fight against corruption, which establishes the obligation for various legal entities and individuals in the private sector to establish an Internal Information System. This system allows the employees or professionals related to the organisation to report possible administrative infractions, breaches of EU regulations or the alleged committing of crimes, guaranteeing their anonymity and protecting them against potential reprisals.

At BPV, over the years we have been developing and designing a service which adapts to the different circumstances faced by companies and the regulatory requirements. Our aim is to offer a risk management and compliance control service which gives companies the tools they need to avoid or minimise the risks arising from crimes potentially being committed within the organisation.

Specific services

• Drafting and advice on the implementation of Crime Prevention Plans - Criminal Compliance Programme. Drawing up of the criminal risk map. Design and drafting of procedures for the ongoing evaluation and management of risks. Drafting of internal information channels, codes of ethics and conduct, internal protocols, training for employees and managers, etc.

• Updating of the Crime Prevention Plans and adaptation to the current regulations.

• Coordination and advice on implementing the Crime Prevention Plans of a Spanish parent company in its foreign subsidiaries.

• Advice on the introduction of an Internal Information System and its notification management procedure. Drafting of the internal policies that set out the general principles of the system and its operation, as well as the rules for its use.