Dear Customer:
We begin the new year with a question of great importance and relevance. One of the last and most important legislative modifications recently introduced in the Penal Code has been related to the regulation of the criminal liability of the legal entity. The ultimate consequence of this provision is the possibility of holding the people who make up the administrative body responsible for a crime committed by one of the company's employees, if the necessary preventive controls have not been implemented. Our Firm has the professional experience to be able to carry out a criminal audit and implement the appropriate procedures to mitigate/eliminate said liability, to the extent that the implementation of said procedures constitutes an excuse for criminal liability. In order for you to know the real scope of the aforementioned legislative modification as well as the nature of the corresponding preventive models, which prevent such a transfer of criminal responsibility from occurring, we send you this Newsletter that analyzes the recent Circular 1/2016 of the State Attorney General's Office that particularly deals with this case. If you have any questions or would like to further explore this issue, please do not hesitate to contact us to arrange an information meeting.
An affectionate greeting.
Commercial Department
Click on the following link to download it: Newsletter (PDF)