The Criminal Code reform of the Law “Ley Orgánica 5/2010 de 22 de Junio” sets forth the criminal liability that companies may incur into due to the commission of several crimes by their representatives and/or employees as long as those crimes are caused due to lack of “due control” over the company’s staff”. Companies may avoid criminal liability arising out of crimes that may be committed by their staff, if the companies establish a corporate compliance program in order to exercise a due control of prevention and surveillance.
From ARPA Lawyers Consultants we believe that the establishment of a Corporate Compliance Program requires a detailed analysis of the company from different perspectives. Only through such program it is possible to identify all risks and threats that the company may incur into and to avoid criminal liabilities. Therefore ARPA Lawyers Consultants has created a multidisciplinary team comprised by various professionals from different practice areas within the Firm that offers all our knowledge and experience giving solutions through some of the following services, among others:
- Evaluation of the Company: identification of risks that may lead to the commission of crimes within the different activity areas and work positions within the company
- Creation of the corporate compliance program, with protocols and technical measures both legal and structural to be implemented by the company
- Whistleblowing.
- Training in company.
- Assisting the compliance officer of the company.
- Corporate defence: legal assistance in criminal trials
Our aim is to assist your company during the whole process of setting a policy of compliance with the laws, from the initial moment identifying risks and elaboration of the protocol to be applied and during its maintenance.