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
