Since 2010, Spain has incorporated into its national legislation a regime of criminal liability of legal persons, following the global trend that other countries have followed. To cite just a few examples, the United States, the United Kingdom, France, Italy, Germany, and Austria.
The system of attribution of criminal responsibility to legal persons is based on criteria of "due control" of regulatory compliance and crime prevention, which de facto implies a general requirement that obliges companies to implement effective systems of supervision and control. This is often referred to by the English term Corporate Compliance.
DIKEOS Abogados advises in the following areas:
- Highly specialized integral advice, which allows clients to face the new legal challenges in terms of compliance, in any of its different areas:
o Criminal Compliance. Assistance in the development, implementation and validation of Comprehensive Crime Prevention Systems (SIPD).
o Ethical-social Compliance.
o Compliance of corporate governance.
o Legal Compliance (Prevention of occupational risks, data protection, money laundering, anti-trust ...).
o Financial compliance.
- Review of compliance models already implemented.
- Adaptation of international models to the requirements of national legislation and vice versa.
- Definition of the attributions and composition of the company's internal compliance officer.
- Assistance to the compliance officer in the ongoing review of the effectiveness of compliance systems, for their constant updating and adaptation to the circumstances of the company.
- Corporate defense: legal assistance in processes that may be initiated.