Molins Criminal Defense regularly publishes articles of interest and news, events and latest news related to our field of activity: Criminal Law, Compliance and crime prevention.
For some time now, we have been preparing with great enthusiasm the next commemorative film of the 30th anniversary of Molins Defensa Penal, in which the partners review the trajectory and current situation of the Firm. The film, entitled WE… Read more
This publication comments on the Judgment of the High Court of Justice of Catalonia (Social Division) No. 6779/2024 handed down on 23 September 2024. This judgment dismissed the appeal filed by the legal representation of an employee against the judgment… Read more
On December 12th we celebrated our special Christmas dinner with the entire Barcelona and Madrid team. On the occasion of of MOLINS’ 30th anniversary, we invite all the lawyers and collaborators who have worked with us over these 30 years… Read more
On the occasion of the 30th anniversary of Molins Defensa Penal, the Firm will hold various commemorative events throughout the year. The first event took place last Thursday, November 28, at the Círculo Ecuestre in Barcelona, attended by many lawyers,… Read more
This publication analyses the ruling by the Social Court No. 11 of Seville, dated 14 May 2024, presided over by Judge Juan-Bosco Rite Zambrano, which declared a whistleblower’s dismissal null, deeming the termination of their contract as direct retaliation for… Read more
This publication comments on STSJ no. 1850/2024, dated July 23, issued by the First Section of the Fourth Chamber of the High Court of Justice of the Basque Country, which upheld an appeal filed by an employee against a judgment… Read more
The Council of Ministers recently green-lighted the proposed Law of Corporate Reporting on Sustainability, a decisive step towards greater transparency and accountability in business activity. This regulatory framework, which is now headed for parliamentary processing, includes environmental, social and governance… Read more
In September 2024, the United States Department of Justice (DOJ) released an update to its guidance on the Evaluation of Corporate Compliance Programs (ECCP). This document aims to provide prosecutors with guidance on investigating and assessing the effectiveness of organisations’… Read more
In today’s increasingly regulated and complex business environment, organizations face constant scrutiny from their suppliers, customers, and stakeholdersin general. In this scenario, the consequences derived from a regulatory breach or irregularity in an organization can be highly damaging, not only… Read more
Article 18 of the Workers’ Statute. Commentary on judgment (Social chamber), Secc. 1.ª, n.º 874/2024, of 5 June. This publication comments the judgment (social chamber), Secc. 1.ª, n.º 874/2024, of 5 June, which analyses the validity or nullity of the… Read more
Compliance is dynamism and constant evolution. To this end, it is essential to keep abreast of changes and improvements in this area, especially those that are most critical for each organisation. The Compliance Department of Molins Criminal Defence presents the… Read more
Comments on STS (Sala de lo social), Secc. 1.ª, n. º 225/2024, of 6 February. In its recent ruling no. 225/2024 of 6 February, the First Section of the Fourth Chamber of the Supreme Court upheld the nullity of the… Read more
The Spanish Data Protection Agency (AEPD) analyses this issue in its Opinion 77/2023, following a consultation in which the possibility of using the information received through the Internal Information System (SII) for other purposes was raised, after verifying that it… Read more
Tras un (1) año de expectativa desde la promulgación de la Ley 2/2023, de 20 de febrero, reguladora de la protección de personas que informen sobre infracciones y de lucha contra la corrupción (en adelante, Ley 2/2023), finalmente se ha… Read more
The very recent Judgment cited above, with a paper by the always suggestive Mr. Antonio del Moral, addresses three important aspects of the criminal liability of legal persons: i) the burden of proof regarding the effectiveness of Compliance models ii)… Read more
The year 2023 stands out as a crucial period in Spain’s ongoing battle against corruption. The country’s courts have displayed a commendable activity in investigating and prosecuting cases linked to illegal practices in the public and political spheres. In this… Read more
We are pleased to announce that, after almost twenty years of constant dedication to our firm, with a career and professional experience forged in his discreet but excellent and successful work in many of the most important cases of our… Read more
Molins’ Internal Investigations team presents a summary of year’s 2023 normative and case-law milestones on Internal Investigations. Download PDF
Last Wednesday, the 13th of March, marked one (1) year since the Anti-Fraud Office of Catalonia (hereinafter referred to as the Anti-Fraud Office or OAC, for its acronym in Catalan) assumed the responsibilities for the protection of whistleblowers in accordance… Read more
In January 2024, the Spanish Association for Standardization (hereinafter, UNE) issued a report entitled “Supporting ESG reporting standards“, with the aim of encouraging the application of specific standards by Spanish organizations in their sustainability reporting. The purpose of this note is to provide a comprehensive approach… Read more
The Constitutional Court (hereinafter, CC) has dismissed the appeal filed by Banco Santander against the resolutions of the Council of Ministers which, in 2019, imposed a sanction of €1,056,000 on it as the successor to Banco Popular. The sanction arose… Read more
Mobbing and Sexual Harassment offences, as defined in articles 173.1 and 184 of the Spanish Criminal Code, respectively, are cross-cutting risks that can be observed in any environment where people interact and, therefore, in any company, foundation, association, among others, regardless of their activity. The purpose… Read more
Shakira’s defense reached an agreement with the accusations on November 20, 2023, putting an end to the criminal procedure followed against the artist for the tax crimes for Individual Income Tax and Net Worth Tax (years 2012, 2013 and 2014)…. Read more
El pasado mes de diciembre se aprobó por parte del Congreso de los Estados Unidos la nueva “Foreign Extortion Prevention Act” (Ley de Prevención de Conductas de Extorsión en el Extranjero; en adelante, FEPA). Complementando a la “Foreign Corrupt Practices Act” (Ley de Prácticas de Corrupción… Read more
The deadline for implementing the necessary changes for the use of cookies, according to the criteria set out in the Guide on the Use of Cookies, has expired, after a transitional period of six months. On 11 July 2023, the Spanish Data… Read more
Recently, the Spanish Association for Standardisation (UNE) has published the standard UNE 19603, Compliance Management Systems in matters of free competition (hereinafter, UNE 19603). This standard provides the necessary guidelines to establish, develop, implement, evaluate, maintain and continuously improve a Compliance Management System in this… Read more
Desde el Departamento de Compliance de Molins Defensa Penal se ha preparado el presente monográfico de todos los ComplianceKeys publicados en nuestro web y en las redes sociales hasta la fecha. Como se puede comprobar, este serie de ComplianceKeys trata cuestiones básicas y de interés en… Read more
Comment to the Judgment of the Superior Court of Justice of Madrid no. 405/2023, of 8 June, rapporteur Maria del Carmen Prieto Fernández. Subject matter: corporate control of WhatsApp conversations held by an employee on a corporate mobile phone. Scope… Read more
Despite the long history of criminal liability of legal entities, both in the United States and, to a lesser extent, in Spain, and the development of different self-regulatory norms and standards regarding ethical and regulatory Compliance, it does not exist today an… Read more
On 11 September 2023, the Constitutional Court handed down Ruling no. 92/2023. In this decision, the Court ruled on a request for defence which, according to the Court, is of particular constitutional importance in relation to the fundamental right to… Read more
Properly managing the protection of personal data within an organization is of vital importance today. We are constantly witnessing administrative sanctions and reputational judgments to which those organizations that do not comply with the regulations in this area and/or have… Read more
Last July, ISO 37008 was published, consisting of a guide for conducting internal investigations in any kind of organization. The standard comes after the transposition of Directive (EU) 2019/1937, on the protection of whistleblowers, in most of the countries of… Read more
On September 18, 2023, was published in the Official Gazette of the Generalitat de Catalunya, the Resolution of September 14, 2023, under which the Catalan Competition Authority opens a public call for subsidies to finance Compliance programs aimed to prevent antitrust irregularities. The subsidies contemplated in this call are… Read more
#Compliancekeys24 After more than (10) ten years since the introduction of the criminal liability of legal entities in the Spanish Criminal Code, the Supreme Court has had the opportunity to rule on issues affecting Compliance on numerous and diverse occasions. Thus, this ComplianceKeys24 will provide a list of the most… Read more
Following the events that took place in the final of the Women’s World Cup in Australia, a profound debate has been opened on the possible criminal transcendence of acts such as kissing another person without consent. In this regard, the following… Read more
The term Compliance can be defined as regulatory compliance, or compliance with that which must be complied with. The scope of the regulatory compliance that a given entity must ensure can be very broad, as well as the totality of… Read more
Ethical channels have acquired great relevance since the recent and novel publication of Law 2/2023, of February 20, regulating the protection of persons who report regulatory infringements and the fight against corruption (hereinafter Law 2/2023). Although Law 2/2023 has encouraged… Read more
In the last #ComplianceKeys we made a brief comment on one of the most important elements that make up a Compliance System: the Code of Ethics or Code of Conduct (ComplianceKeys20). In this #ComplianceKeys21, we follow the same line as… Read more
The Code of Ethics could be defined as the normative constitution of an organisation, that is, the fundamental regulation from which all others are derived. It will also be the soul of the organisation, a document that sets out the… Read more
Thirty years after Lola Flores’ trial for defrauding the Treasury, La Sexta TV show analyzes the case with our managing partner in Madrid, Luis Jordana de Pozas Gonzálbez, who was the prosecutor who investigated it. You can see the full… Read more
