- Services to prevent or mitigate criminal liability of companies -
In recent times the requirements for companies regarding self-regulation have been steadily increasing. In addition to traditional issues faced by companies, with both economic and reputation implications, when it came to criminal matters in which they could see themselves dragged into criminal proceedings as civil respondents under the respondeat superior doctrine, companies are now faced with new set of risks arising from the establishment of direct criminal liability of legal persons (Introduced in Spanish Law in 2010). This is also the case in a number of other jurisdictions who have adopted and developed similar policies and international requirements (case in point: The US Foreign Corrupt Practice Act -FCPA-). At J.A. Díaz – Litigación Penal- we have been at the forefront of these matters and are well versed on this specific field of Criminal Law. We offer a wide array of services and specialized counsel designed to prevent or mitigate corporate criminal liability.
Under Spanish Criminal Law, the possibility of avoiding or mitigating corporate criminal liability is in direct correlation with the preventive implementation of compliance programs designed to avert the commission of crimes within or by the company. Our services include the identification of prospective criminal risks facing a company (risk mapping) and the development of prevention and compliance programs aimed at neutralizing potential criminal acts, in accordance with the most up-to-date case law and legal doctrine on these matters as well international standards.
Our services include carrying out internal investigations within a company when the potential commission of a crime has been detected. Conducting these investigations in the proper manner is essential; both to mitigate the effects of criminal liability to the company (optimizing their potential for collaboration with the authorities) and to establish the facts and their implications regarding what the legal stance and strategies a company must adopt when a crime may have been committed in its midst.
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