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.
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
In the last #ComplianceKeys we have offered a brief analysis of some of the main characteristics of a prominent figure of any Compliance System: the Compliance body. Thus, previous publications have dealt with issues such as its configuration as a… Read more
In the last #ComplianceKeys (ComplianceKeys17) a brief introduction was made to one of the basic characteristics of Compliance bodies: their possible configuration as single-person bodies (for example, through the figure of the Compliance Officer) or as collegiate bodies (for example,… Read more
Having analyzed in the previous #ComplianceKeys the state of criminal liability of legal entities at the international level, the following publications will again take a national approach and analyze some issues related to the main elements that make up Compliance… Read more
#ComplianceKeys16 Any Compliance Programme or System is made up of a set of elements that are usually always present regardless of the purpose or scope of the Programme or System in question. We are talking, for example, about elements such… Read more
#ComplianceKeys15 We close the #ComplianceKeys series on the state of regulation of the criminal liability of legal persons in different countries with an analysis of Canada and the United States. Before assessing the current state of this issue, it is… Read more
#Compliancekeys14 In this week’s #ComplianceKeys14, the second to last article on this subject, we will briefly analyse the regulation of the criminal liability of legal persons and the status of Compliance Systems as a mechanism for exemption from said criminal… Read more
Just a week before the publication in Spain of Act 2/2023 of February 20th, 2023, regulating the protection of persons who report regulatory infringements and of fight against corruption, transposing Directive 2019/1937 of the European Parliament and Council of 23rd… Read more
Today, the Official State Gazette (BOE) published the new Law regulating the protection of people who report regulatory infringements and the fight against corruption, the approval of which means the incorporation, at last, of the Directive (EU) 2019/1937 of the… Read more
#Compliancekeys13 In the last decade, the criminal liability of legal persons has been incorporated into the Criminal Codes of the different Ibero-American countries. Proof of this is that more than half of the countries already have a specific provision in… Read more
Molins’ Internal Investigations team presents a summary of 2022, with a brief summary of the milestones set by the last exercise on private inquiries within the company. Although the discipline is still at its beginning in Spain, last year was… Read more
We are pleased to announce that, after seven years in the firm, with a professional career and impeccable involvement, the lawyer Anna Núñez Miró has been appointed Managing Partner of the Compliance Department of Molins Defensa Penal, a team that… Read more
#ComplianceKeys12 Continuing with the analysis of the state of international regulation on criminal liability of legal entities; in #ComplianceKeys12 we will briefly analyze the regulatory framework around this issue in different countries belonging to the West Asia region. Thereupon, although… Read more
#Compliancekeys11 In this week’s #Compliancekeys11, we briefly outline the regulation of the liability of legal entities in the different countries that are part of Eastern Asia and Oceania. As can be seen, the majority of countries in Eastern Asia and… Read more
Commentary on the first conviction for the crime of sports corruption and the interpretation given by the Supreme Court to the “bonuses for winning” In April 2020, the Second Section of the Provincial Court of Navarra convicted for the commission… Read more
ComplianceKeys#10 As we advanced last week with #Compliancekeys9, the regulation of corporate liability for the commission of crimes or administrative offenses in the case of companies differs significantly between different countries. Along the same lines, in #Compliancekeys10 we addressed the… Read more
We are pleased to announce that Luis Jordana de Pozas has joined Molins Defensa Penal this January as managing partner of our Madrid office, where he will lead a team of 7 professionals who are part of the more than… Read more
ComplianceKeys#9 The regulation of corporate liability for the commission of crimes or administrative offenses within companies differs significantly among the different Member States of the European Union. Indeed, there is currently no EU directive or regulation unifying the regulation of… Read more
On Tuesday of last week, December 20, the Attorney General of the State, published Circular 2/2022 on the extraprocedural activity of the Public Prosecutor’s Office in the field of criminal investigation, which replaces Circular4/2013, of December 30, on Investigation Diligences…. Read more
The Eighth Section of the Barcelona Provincial Court has acquitted of the well-known motorcycling driver Alfonso (Sito) Pons, currently manager of the PONS RACING team, in respect of the six tax offences for which both the Public Prosecutor and the… Read more
On December 16th, 2009, the FIFA Council (Fédération Internationale de Football Association) approved the «FIFA Football Agent Regulations», i.e., the reference regulation regarding the activity of Football Agents and the relationships they may maintain with clubs, players, coaches and other… Read more
Recently, the Supreme Court has acquitted a legal entity of the offences for which it had been under investigation, on the grounds that it was not sufficiently complex to be guilty of such offences. To this effect, the High Court… Read more
ComplianceKeys#8 Christmas is often synonymous with joy, rest and gifts. In a business context, gifts are synonymous with a good relationship with a customer, supplier or other third party, but they can also mask other, less innocent intentions. Thus, what… Read more
ComplianceKeys#7 As has been analysed in other Compliance Keys, legal entities may be criminally liable for offences committed in the course of their activities. However, Article 130.2 of the Spanish Criminal Code establishes an exception to this issue that deserves… Read more
The Molins Defensa Penal team led by our managing partner, Pablo Molins Amat, together with the lawyer Miriam Company Marsà, presented last Friday, November 25, the defense brief on behalf of the artist. The lawyers defend throughout almost one… Read more
ComplianceKeys#6 In parallel to the penalties that can be imposed on legal entities (ComplianceKeys#5), Article 129 of the Spanish Criminal Code regulates a series of punitive consequences that can be applied to entities without legal personality in the event that… Read more
ComplianceKeys#5 Having analyzed in other Compliance Keys the legal entities that can be criminally liable in Spain (ComplianceKeys#2), the crimes that can generate criminal liability for legal entities in Spain (ComplianceKeys#3) and, finally, the requirements for the attribution of such liability… Read more
On 23 September, the Draft Law regulating the protection of persons who report regulatory offences and the fight against corruption (hereinafter, the Draft Law), which transposes Directive 2019/1937 of the European Parliament and of the Council of 23 October 2019,… Read more
ComplianceKeys#4 As has been introduced in other Compliance Keys, since the reform introduced in the Criminal Code by Organic Law 5/2010, legal entities (such as corporations, foundations, associations, etc.) may be criminally liable for crimes committed within them. However, Article… Read more
ComplianceKeys#3 In view of the configuration of the model of attribution of criminal liability to legal entities introduced by the Spanish legislator in the reform of the Criminal Code carried out by Organic Law 5/2010, of June 22nd legal entities… Read more
ComplianceKeys#2 1. Which legal entities can be held criminally liable in Spain? When defining which collective entities are liable to criminal liability, Article 31 bis of the Spanish Criminal Code refers to "legal entities". This term is rather generic and… Read more
ComplianceKeys#1 Corrective action: Action to eliminate the causes of a nonconformity or noncompliance and prevent its recurrence. Senior management: Person or group of persons who direct and control an organization at the highest level. Audit: Systematic and independent process for… Read more
The giving of gifts, invitations and hospitality has been a generally accepted business practice since time immemorial. This practice, as is well known, is deeply rooted in our society and can have different positive purposes: to thank the trust placed… Read more
The creation in 2021 by the United States Attorney General’s Office of the Advisory Commission on Corporate Crime aims to provide greater clarity on the tools available to prosecutors for the investigation of natural and legal persons who commit crimes… Read more
Last Monday, September 26th 2022, the Joint Committee for the Relations with the Court of Auditors published the report submitted for “Control of the degree of implementation of the models for the prevention of crimes and unethical behaviour in the… Read more
Since 1991, the United States Sentencing Commission has been publishing a set of guidelines for sentencing a legal entity in the United States, known as the “Sentencing Guidelines”. Although the main purpose of these guidelines is to unify the criteria… Read more
On September 7th 2022, the Official State Gazette (Boletín Oficial del Estado) published the new Organic Law 10/2022, of September 6th, on the comprehensive guarantee of sexual freedom with the aim of adopting effective, global and coordinated measures between the… Read more
