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, as it can exempt or mitigate criminal liability in the event of crimes committed within its organization.
Criminal compliance
Design and implementation of corporate compliance programmes for businesses, preventing crime and reducing legal risks and corporate liability.
On Criminal Compliance
An effective program should include:
- Identification of specific criminal risks of the company.
- Establishment of protocols and procedures to prevent crime.
- Appointment of an internal control body (Compliance Officer).
- A reporting channel that protects whistleblowers.
- Training and communication plans for employees and managers.
- Mechanisms for monitoring and periodic review of the program.
A lawyer specializing in Criminal Compliance designs, implements and supervises regulatory compliance programs, advises on the management of criminal risks and represents the company in legal proceedings related to its criminal liability.
A lawyer specializing in Criminal Compliance can design and implement compliance programs that, according to the Criminal Code , can exempt the company from criminal liability if it is demonstrated that the appropriate measures were taken to prevent the crimes before they were committed.
Further criminal defence services
Offences against public health and safety
Behaviour that puts the life, physical safety or health of the general public at risk. This includes actions that may affect a large group of people, such as the sale of dangerous products, serious breaches of health regulations or the release of harmful substances.
Corporate and business offences
Corporate and business offences refer to illegal activities carried out by companies or individuals within an organization to gain financial or competitive advantage. They include fraud, corruption, money laundering, and regulatory violations.
Offences against public order
Offences against public order encompass conduct that disrupts social harmony, peaceful coexistence among citizens or the normal functioning of institutions. These include public disturbances, resistance to or disobedience of authority, and other acts that may give rise to situations of tension or insecurity in public spaces.
Prison law
Prison law comprises the body of legal provisions governing the enforcement of custodial sentences and measures imposed as a result of criminal offences. These provisions are set out primarily in the General Prison Act and are aimed, in general terms, at the rehabilitation and social reintegration of individuals sentenced to custodial sentences, as well as their custody and detention.
International criminal law
In the field of criminal law, there are many cases where comprehensive legal advice is required, and which demand a thorough understanding of international and EU criminal law in order to apply it correctly.
Criminal proceedings
Advice and legal representation at every stage of criminal proceedings, from the initial investigation through to trial, appeals and the enforcement of sentences.
Crimes against the person
Defence in cases involving offences such as murder, assault or threats, protecting clients’ rights through robust and tailored legal strategies.
Offences against personal liberty
Assistance in cases of unlawful detention, coercion or threats, ensuring the protection of fundamental rights and an effective defence.
Offences against privacy
Offences against privacy involve unlawful actions that violate an individual’s personal space, data, or confidential information. These include unauthorized surveillance, data breaches, and misuse of personal information.
Offences against sexual freedom
The Criminal Code distinguishes between sexual assault and sexual abuse. In both cases, the victim was subjected to sexual acts without their consent
Offences against family relations
Offences against family relations encompass a range of acts that directly affect the rights and duties arising from family life, such as failure to fulfil maintenance obligations, child abduction or family abandonment, amongst others.
Property offences
Property offences encompass a wide range of unlawful acts that affect people’s assets and property, such as robbery, theft, fraud, embezzlement, damage to property or financial fraud.
Offences against the Public Administration
These include conduct that undermines the proper functioning of institutions and the impartial exercise of public office.
Offences against the administration of justice
Offences that directly undermine confidence in the judicial system and the proper conduct of criminal proceedings, and which may therefore have significant legal consequences.
Planning offences and environmental offences
These include acts that breach regulations governing land use planning, town and country planning, and the protection of the natural environment.