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It literally translates as "corporate (regulatory) compliance" and is the name given to the organization and management system that the company has to implement in order to avoid, or where appropriate mitigate, its criminal liability.
This new criminal responsibility of the company is delimited by Law 1/2015, of March 30, which reforms the Penal Code, which came into force on July 1, 2020. We talked about it recently in this blog :
The objective of these regulations is to specify the surveillance and control measures that the company will adopt to prevent and reduce the effects of the possible crimes that they may commit.
Crimes (up to 31!) Can be committed through the people who work in the company and that the Law classifies into two groups:
- the legal representatives or administrators in fact or in law of the company, when they act by account and for profit of that;
- the employees subject to the authority of those, as long as the crime has been committed for not having exercised due controlabout his person and activity, by the legal representatives or administrators. In this case, criminal liability will only arise for the company when it does not have implemented or has not functioned effectively a crime prevention and control system, that is, the system of “Corporate Compliance”.
This system has to be collected in several documents that make up the so-called "Prevention or security model", which is not mandatory, that is, the company can decide whether to implement the model prior to the possible commission of a crime, or later , right after your commission.
What the Law has provided, of course, are different consequences for one case and another:
- If the Prevention Model has been implemented before the crime is committed and proving that it worked, the company will remain exoneratedof criminal responsibility;
- if it is implemented after the crime is committed, the company will only get attenuate worth it, but not exonerating it.