Penal compliance PENAL AND COMPLIANCE

Beatriz Saura Alberdi

Beatriz Saura Alberdi
Tel. (+34) 91 758 75 12
E-mail:  beatrizsaura@legalyeconomico.com

At Legal y Económico we work with clients to help them prevent corporate crime, and should it occur, provide legal assistance, advice and defense of clients in court.

Prevention of Corporate Crimes:
Since entry in force of Organic Law 5/2010 of 22 June, which amended Organic Law 10/1995 of 23 November, of Spain´s Penal Code, companies can be indicted for certain crimes committed by their executives, managers and also those committed by employees due to inadequate supervision and control by managers.

To protect companies from the damaging impact of criminal prosecution, Legal y Económico advises its clients to implement a Crime Prevention Plan (PPD), a measure that offers the following benefits:

  • It provides the company with a management and organizational system adapted to its individual characteristics and needs, helps companies avoid or reduce the commission of crimes, and contributes to greater management transparency while also improving corporate image.
  • It can serve as a mitigating factor in court decisions, and lead to greater leniency in sentencing, with reductions in fines or incarceration time.
  • It can serve as an exonerating factor, to company exoneration from criminal liability.

Legal counsel and defense in court:

Legal y Económico provides legal counsel and client representation in the courtroom.

  • We represent companies and bodies corporate in each of the 26 categories of crimes that they may be accused of.
  • We represent individuals accused of the following crimes:
    • Financial crimes: Misappropriation, fraud, misrepresentation/falsehood, corporate crimes, money laundering, bankruptcy related crime, forgery, etc.
    • Crimes against people: bodily harm, homicide, murder, etc.
    • Traffic offenses: Driving Under the Influence, speeding, driving without a license, disobedience of authority, reckless driving, and failure to provide assistance.
    • Property: Robbery, theft, reception of stolen goods, damages, fraud, etc.
    • Public health: food and pharmaceutical industries.
    • Administrative and political crimes: Bribery, malfeasance, urban planning, influence peddling, embezzlement, fraud, unlawful negotiations, corruption and failure to safeguard documents.
    • Crimes against the public treasury: Tax crimes.
    • Domestic violence.
    • Environmental and urban planning crimes: against spatial planning
    • Crimes against personal freedom: Illegal detention, kidnapping, threats, coercion, torture and crimes against moral integrity.
    • Crimes against personal honor: Slander and defamation of character
    • Crimes against the Social Security Administration and worker´s rights.
    • Crimes against sexual freedom: Sexual aggression, sexual abuse, sexual harassment, etc.
    • Crimes against privacy: Discovery and disclosure of secrets, breaking and entering
    • Crimes against family rights and duties: Abandonment, non-payment of alimony and child support, child abduction, etc.
    • Crimes against intellectual and industrial property.
    • Crimes against foreign nationals.
    • Crimes against historic heritage property
    • Arson
    • Crimes impeding the administration of justice: Malfeasance, cover-ups, false accusation, false crime reporting, false testimony, obstruction of justice, breach of professional loyalty, violation of terms of sentence.
    • Crimes against the Constitution: against government institutions, fundamental rights, public freedoms, crimes by civil servants.
    • Crimes against public order: Violence against law enforcement, disobeying an officer, resisting arrest, illicit holding trafficking and storage of weapons.
    • Other crimes: Encroachment, unlawful impersonation, assumption of civil status and public functions, unfair competition.
    • All other crimes.

Crime prevention measures:

  • Making a detection report of those areas that present some level of risk.
  • Analysis of the company and measures proposals for crime prevention.
  • Advice for the adoption of a complaints channel.
  • Determination of the specific functions to be developed by the oversight body of the Crime Prevention Plan (CPP) according to the needs of each company.
  • Support in the implementation and the model through continuous technical advice.
  • Training courses for managers and employees.
  • Technical training specifically designed to complete and update the knowledge of those who act as the oversight body of the Crime Prevention Plan (CPP)
  • Modifications of the Crime Prevention Plan (CPP)  due to causes beyond the company, or for the own development of it.
  • External audits and reviews of the Crime Prevention Plan (CPP)  implemented by the legal entity.
  • Proposing a Crime Prevention Plan for crimes that, despite not being committed by a legal entity, can damage the corporate image in a very serious or even irreparable way.

beatriz1

pedro1

Central Office in Spain

Calle Monte Esquinza, No. 24 – 3º izda. 28010 – Madrid
Tel.:(+34) 91 758 75 12 Fax: (+34) 91 559 97 29