Criminal Liability

The criminal liability of a legal entity is defined in article 31 bis of the Criminal Code. Having a criminal risk detection and prevention model in place allows the entity to exempt or mitigate its liability in criminal legal proceedings.

To date, all the judgments handed down in Spain by the Supreme Court that have dealt with the issue of criminal liability of legal entities have taken into account the criminal risk detection and prevention model implemented in the organizations. Therefore, it is highly recommended that organizations have a Criminal Risk Detection and Prevention Model. Informa Consulting has provided services in the prevention of criminal liability of legal entities in more than 60 entities from different sectors. We have helped to design and implement the criminal risk detection and prevention model of the first entity with public capital certified by AENOR in Criminal and Anti-bribery Compliance, according to the national standard UNE 19601.

Creation of the System

Evaluation of the criminal risks considered by article 31. bis of the Penal Code and those that could be imputed to the administrators and directors as a consequence of the performance of their duties.
Assessment of existing and necessary policies, procedures and controls according to the risk.
Preparation of the Policy and Manual for the Prevention of Criminal Risks that includes the design of the client’s Model for the Prevention of Criminal Risks.
Updating or elaboration of policies and procedures that must be part of the Criminal Risk Prevention Model.
Design of the Criminal Risk Prevention Model, also known as Corporate Compliance or Corporate Defense.
Definition of the organizational structure necessary to mitigate criminal risk.
Elaboration of the Criminal Risk Map adapted to the Entity.
Analysis of existing and necessary controls.

Consulting

Advice on the subject matter of a Criminal Offense Prevention Model already implemented in the client.

Review

Complete review of the Criminal Risk Prevention Model or a partial review of the same, depending on the scope of work.
Conducting an audit of the model or the effectiveness of controls.

Training

Face-to-face or online, to employees, members of management bodies and/or specific departments. The content is always adapted to the client and its criminal risk prevention model. You can click on the following link to access all the information on our training courses:

Our Training

Outsourcing

Secretariat of the committee on criminal risk prevention or participation in the collegiate body.
Delegation of resources.
Presentation of the Model to the client’s Board of Directors.