FINANCIAL CRIMINAL LAW (CORPORATE COMPLIANCE)
According to current legal regulations, legal entities may be attributed and declared responsible for the offences that the following persons may commit:
- De facto or de jure administrator.
- The legal representative and those in charge of the management and control of the entity.
- Any employee or dependent person due to the lack of control of the executives.
Therefore, it is necessary to implement a system for the detection and prevention of crimes, with the objective of identifying and preventing the committing of crimes carried out by any of them.
1- Risk analysis
- Analysis of activities and risks.
- Impact evaluation.
2- Plan for the treatment of risks and improvements
- Inventory of measures to be implemented.
- Improvement of the existing controls and proposals for new measures.
- Communication channel.
- Disciplinary system.
- Action plan.
3- Compliance officer protocol
- Creation of an independent control body.
- Creation of internal regulations.
- Support for the compliance officer.
4- Training and coaching
- Training for the employees and directors on the protocols developed.
5- Follow-up and updating
- Periodical verifications.
- Combined technical support.
Jointly with our consultancy division, we have developed a system for the detection and prevention of crimes to be implemented in all kind of legal entities subject to being convicted for a criminal act, and have experience in all the aspects of the prevention and detection of offences, from risk analysis, to the periodic review and updating of the system.