Penal and Compliance

PENAL AND COMPLIANCE

“We are experts on defending our clients’ interests in criminal law area and crime prevention”
Álvaro García SánchezAssociate

Our Firm defends the interests of its clients in the socio-economic and business criminal law area, both from prosecution and defense perspective.

In practice, procedures related to on which we defend our clients’ interests are related to: corporate misbehaviour, misappropriation, disloyal administration, scam, insolvency offence, civil liability derived from the offence, corporate criminal liability, money laundering, crimes against Public Treasury and Social Security, documentary falsehoods, crimes against industrial and intellectual property, crimes against employee rights, environmental crimes, etcetera.

Additionally, in light of the amendments to the Criminal Code of 2010 and 2015, in which the corporate criminal liability and the eventual exemption were introduced through the formulation of a protocol of measures for crime prevention, we develop and implement corporate crime prevention protocols to our clients and, in particular:

  • We analyze the risk, based on the activities developed by the company to determine the type of crimes that could be committed within the company.
  • We develop protocols that allow avoiding, or in any case, minimizing the risk of being committed.
  • We design the whistleblower channel, the autonomous control body and the disciplinary system required by the Criminal Code.
  • We periodically verify the model for the prevention of crimes, keeping it updated.

With the aforementioned models, a corporate culture of compliance and the appropriate systems are developed for each company to self-regulate and thereby minimize the risk of committing crimes. In short, it is about setting the appropriate measures so that if any employee or partner of the company commit a crime, the offender (natural person) responds, avoiding corporate criminal liability or, in any case, minimizing it.