We want to work in the requirements that may exempt your company: As indicated in the current legislation, the legal person may be exempted from criminal responsibility when appropriately proven in front of a Court:
- That has a model of organization and management that includes monitoring measures to effectively prevent crime;
- That has an independent body with autonomous powers of initiative and control;
- That exercises its functions properly;
- That the crime could have been committed because the author fraudulently circumvented the models of organization and prevention.
What actions will we carry out:
- Evaluation of the company’s exposure to the risk of being declared responsible for committing crimes on its behalf for not exercising due control
- Understanding and analysis of the current structure of the company’s controls and procedures and their level of application to mitigate the possibility of being declared criminally responsible.
- Definition of a Map of Criminal Risks, controls, and an action plan that allows to cover the improvement gaps identified in the analysis of the current structure of the controls and procedures implemented by the company.
What actions will we carry out:
- Design of an appropriate Crime Prevention and Detection Model. Once we establish what measures to implement, we will provide the guidelines and main characteristics of these measures, so that the company is able to set them up.
We can help in
- A map of criminal risks (“identify activities in which the crimes to be prevented may be committed”);
- Procedures, preventive and reactive protocols against the commission of crimes;
- Financial resources allocated for this purpose;
- An ethical code and a whistleblower channel whose results are reported to the board of directors;
- A disciplinary system “that adequately sanctions the breach of the measures established by the model”.
- A system of revision that allows a periodic verification of the model and its possible modifications.
What actions will we carry out:
- Development of the Protocol for the Prevention and Detection of Crimes. It will serve to prevent and detect possible crimes’ commission on behalf of the company. Where appropriate, it may be invoked to demonstrate in court (criminal) proceedings that proper control systems have been established in the respective organizations. In this way we avoid, as far as possible, the declaration of criminal responsibility of the legal person and its corresponding sanctions.