In 2010, the Criminal Code introduced the possibility for legal persons to respond criminally for crimes committed by their managers or employees. The regulation has been improved and completed in the recent reform of the Criminal Code of 2015. Among other things, it specifies the requirements of the prevention and control model that companies must have implemented if they intend to be exempted from criminal liability.
Result of this regulation, taking into account the interpretation made by the Office of the General Attorney of the State in the Circulars, and the very recent Supreme Court Judgment of February 29, 2016, which establishes for the first time the criminal liability of legal persons, conclude that it is essential that companies have effective control mechanisms. These mechanisms will be effective if they have been prepared prior risk analysis, taking into account the specific circumstances and processes of the company and particularities of the sector of activity, adequately updated and with sufficient contents to be suitable to exempt from responsibility to the company. Criminal Compliance
A tool has been developed – Legal Compliance (CUMPLISOFT) – to prepare the models and protocols that have to be implemented in companies, and puts at your disposal the solvency and experience of its professionals in the legal, business and audit areas to provide a service that not only will provide to the company a feeling of tranquillity regarding legal compliance, but will allow its management body review internal procedures and establish the most suitable mechanisms, both ethical, legal and economic.
