Criminal Compliance Specialist Lawyer
At Nieto Enriquez Abogados Penalistas, we have a team of lawyers specialized in Criminal Compliance, dedicated to advising companies on the implementation of compliance programs that prevent the commission of crimes within the organization.
The correct application of these programs not only helps to avoid serious criminal sanctions but also strengthens the company’s ethical reputation and corporate security.
What is Criminal Compliance?
Criminal Compliance is a set of rules and procedures that a company implements to prevent the commission of crimes within its operations. Since the reform of the Spanish Penal Code in 2010, companies can be held criminally liable for offenses committed by their executives or employees for the benefit of the organization.
Having an effective criminal compliance program not only helps to avoid criminal sanctions but also promotes an ethical and transparent culture within the company.
Criminal Compliance services we offer
At Nieto Enriquez Abogados Penalistas, we provide a comprehensive range of services to ensure criminal compliance in your company:
Development and implementation of crime prevention programs: We design and implement Criminal Compliance programs tailored to the specific needs of your company.
Review and update of existing programs: We assess and enhance existing compliance programs to ensure their continued effectiveness.
Criminal Compliance training: We provide training for executives and employees to ensure a proper understanding of compliance policies and procedures.
Advisory on internal investigations: We support internal investigations in cases of potential non-compliance or criminal behavior.
Adaptation to international regulations: We align your Compliance program with international standards such as UNE 19601, ISO 37301, and ISO 37001.
Benefits of implementing a Criminal Compliance program
Exemption from criminal liability: A well-designed and executed compliance program can exempt the company from criminal liability in cases of offenses committed by employees or executives.
Reduction of penalties: Even if the program was not in place at the time the offense was committed, adopting corrective measures before trial can mitigate penalties.
Improved corporate reputation: Demonstrates the company’s commitment to legality and ethics, strengthening trust among clients, suppliers, and other stakeholders.
Prevention of internal crimes: Establishes mechanisms to detect and prevent criminal behavior within the organization.
Frequently Asked Questions
Which companies are required to implement a Criminal Compliance program?
Although there is no explicit legal obligation for all companies, having a Criminal Compliance program is highly recommended for any organization, regardless of its size or sector. Such a program can exempt or mitigate criminal liability in the event of offenses committed within the organization.
What elements should an effective Criminal Compliance program include?
An effective program should include:
- Identification of specific criminal risks relevant to the company.
- Establishment of protocols and procedures to prevent offenses.
- Appointment of an internal control body (Compliance Officer).
- Whistleblower channel that protects informants.
- Training and communication plans for employees and executives.
- Mechanisms for regular monitoring and review of the program.
What are the functions of a Criminal Compliance specialist lawyer?
A Criminal Compliance specialist lawyer designs, implements, and oversees regulatory compliance programs, advises on the management of criminal risks, and represents the company in legal proceedings related to its criminal liability.
How can a Criminal Compliance specialist lawyer exempt my company from liability?
A Criminal Compliance specialist lawyer can design and implement compliance programs that, according to the Penal Code, may exempt the company from criminal liability if it can be demonstrated that appropriate measures were taken to prevent offenses before they occurred.