Corporate compliance lawyers in Spain

The legislative change produced by Organic Law 5/2010 of June 22, introduced in our country one of the most substantial amendments in corporate criminal law since the adoption of the Criminal Code of 1995: the criminal liability of legal persons. This change includes the possibility for legal persons to be considered criminally responsible in two situations:

  • When its legal representative or administrator, has committed an offense on behalf of and for the benefit of the legal person.
  • When in the exercise of social activities on behalf of and for the benefit of the legal person, the offense has been committed by one or more employees, and the offense has been committed for not exercising over his person and activity the proper control by the Representatives or legal administrators of the company.

This new scenario implies that companies must comply with the fundamental obligation of control by their legal representatives, through the implementation of systems of control of compliance and prevention of crime to avoid the conviction of the legal person. To avoid exposing themselves to the consequences of these crimes, companies are obliged to know the legal requirements and their representatives must establish due controls on their activity and employees.