Article 31 bis of the Spanish Criminal Code provides that legal persons shall be exempt from liability if the following condition, among others, is fulfilled:
The management body has adopted and effectively implemented, before the perpetration of the criminal offence, organisational and management models that include measures of surveillance and control appropriate to prevent criminal offences of that same nature or to significantly reduce the risk of perpetration thereof.
The wording of our criminal law requires us to regard Criminal Risk Prevention Programmes (Corporate Compliance Programmes) as instruments designed individually for each organisation.
The organisation and management of each organisation are unique. They are its distinctive signs. As a result, a model intended to provide the organisation with measures of surveillance and control must be duly aligned with its organisational identity.
“Criminal Risk Prevention Programmes must be tailored to the organisation if its real observance and efficacy is intended.”
With the individualised design of Criminal Risk Prevention Programmes, Molins&Parés, Penal Compliance ensures that the measures of surveillance and control to be implemented in the organisation have a minimum or null effect on the efficacy of its usual processes. The individual attention paid to each organisation prevents generating duplicities leading to a loss of effectiveness and efficiency.
Our way of understanding the design of a Criminal Risk Prevention Programme, based on primary international standards, leads us to work from a multidisciplinary perspective, combining two completely different -yet essentially complementary- areas of knowledge: the legal profession and risk consulting.
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