Penal responsability for the companies

Penal responsability for the companies

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We must know in what the reform consists of the penal responsibility of the legal persons and how it affects them. In Evolutiza Abogados and Tax Advisers we explain it to you.

The Law 5/2010 of June 22 was the person in charge of introducing in the Penal Legislation one of the most important modifications. The above mentioned reform consists of the elimination of the aphorism: “The legal person cannot commit crimes”.

There is carried out the numeration of a series of articles that explain the new situation, which we could be call a new ” Penal Statute “, which we can structure in 4 paragraphs:

  1. Subjective area: All the legal persons can be responsible subjects. There exist a series of exceptions that we happen to detail: State, adm. Public, Regulatory Organisms, agencies and public entities…
  2. Crimes: The crimes committed by legal persons can divide in two groups attending to his habitualidad in the managerial life. Between the most habitual we can stand out: crimes against the intimacy and IT search, bribe, peddling of political favors, crimes against the intellectual property, etc
  3. Principles of attribution: The used criterion is double, for what they will be able to be condemned as authoresses of a crime when some of his representatives or administrators have committed a crime in benefit of the legal person or when the crime has committed it someone of his employees. This system of safety in the attribution of the authorship of the crime is what is known as “Corporate Compliance”.
  4. Sentencing system: Sorrow applicable to the legal persons is the withdrawals in art.33 CP. It can be, between others, the dissolution of the legal person, the closing of his places for more than five years or fees.

For what, in order that one gives fulfillment to everything exposed, after the reform there has to be given the implementation of the due systems of control in order which incidents take place.

In outline the above mentioned system of control must contain certain guidelines, since they are:

  • Establishment of a model of management and organization
  • Creation of an organ with autonomous power manager of the supervision
  • The identification of the activities of the company
  • Creation of protocols
  • The putting in functioning of the models of management
  • The obligation to inform about possible risks
  • Creation of a disciplinary system
  • Periodic Check of the created model and of his functioning

The Corporate Compliance has come to be one more in the companies, for what the representatives must guard over his responsible fulfillment.

If you want more information or need to create Corporate Compliance’s system for your company, do not hesitate to put in touch with us.

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