Criminal Compliance in Bilbao
Prevention and management of criminal risks in your company's activity.
Personalized attention from our office in Bilbao.
How we can help you
Each matter requires studying its circumstances. These are some areas of the service.
Risk analysis
Identification of risks linked to the company's activity and processes.
Policies and controls
Preparation of procedures and prevention measures.
Training and communication
Support to transfer the program to people in the organization.
Review and monitoring
Evaluation of the program and updating of its measures.
More information about Criminal Compliance
Comprehensive advice on criminal compliance
At Lambda Estudio Jurídico, we offer a comprehensive service in criminal compliance for companies in Bilbao and the Basque Country. Our goal is to help companies comply with legal regulations and avoid criminal liability.
What is criminal compliance?
Criminal compliance refers to the implementation of a set of policies, procedures and controls within a company to prevent, detect and manage risks related to the commission of crimes. Its main objective is to ensure that the company and its employees comply with applicable laws and regulations, thus avoiding possible criminal liabilities.
Importance of criminal compliance in the company
- Crime Prevention: It helps identify and mitigate risks of crimes such as fraud, corruption, money laundering and others that may arise in business activity.
- Legal Protection: Reduces the possibility of criminal sanctions and fines, protecting the company and its executives from legal consequences.
- Reputation and Trust: It reinforces the company's reputation, demonstrating its commitment to ethics and legal compliance, which increases the trust of clients, partners and the market in general.
- Corporate Culture: Fosters a culture of integrity and responsibility within the organization, promoting ethical and legal behaviors among employees.
- Criminal Liability of the Company: In Spain, companies can be held criminally responsible for crimes committed in their name or for their benefit. An effective criminal compliance program can exempt or mitigate such liability.
- Operational Efficiency: By establishing clear procedures and internal controls, operational efficiency is improved and early detection of irregularities is facilitated.
Criminal liability of companies
Organic Law 5/2010, of June 22, introduced the criminal liability of legal entities into the Spanish Penal Code. This means that companies can be held criminally liable for a number of offences, including:
- Alteration of prices in auctions and public contests
- Money laundering
- Bribery
- Crimes against public health
- Illegal construction, building or urbanization
- Crimes against the Public Treasury and Social Security
- Crimes against workers' rights
- Crimes against the rights of foreign citizens
- Crimes against natural resources and the environment
- Corruption of foreign official
- Damage to computer systems or data
- Scams and frauds
- Forgery of payment instruments
- Terrorist financing
- Punishable insolvencies
- Crimes related to intellectual and industrial property, the market and consumers
- Crimes related to nuclear energy and ionizing radiation
- Crimes related to prostitution and corruption of minors
- Risks caused by explosives and other agents
- Crimes related to toxic drugs, narcotics or psychotropic substances
- Influence peddling
- human trafficking
Criminal compliance program
A criminal compliance program is a regulatory prevention and compliance system designed to avoid criminal liability of legal entities. The Spanish Penal Code establishes that a company can be exempt from criminal liability if it meets the following conditions:
- Before the offence was committed, the governing body adopted and effectively implemented organisational and management models containing monitoring and control measures suitable to prevent offences of the same nature or significantly reduce the risk of their commission.
- Supervision of the operation and compliance of the implemented prevention model has been entrusted to a body of the legal entity with autonomous powers of initiative and control, or that is legally entrusted with the function of supervising the effectiveness of internal controls.
- The individual perpetrators have committed the crime by fraudulently evading the organization and prevention models.
- There has been no omission or insufficient exercise of its functions of supervision, surveillance and control by the body to which the previous condition refers.
Our approach
Personalised service: Each company is unique and deserves individualized attention.
Absolute Confidentiality: We protect the privacy of our clients and sensitive company information.
Legal Strategy: We develop strategies based on a thorough analysis of the company and its operations.
Empathy and Commitment: We understand the importance of legal compliance for the reputation and operation of the company. We are committed to offering comprehensive support and effective solutions.
Why choose us?
Proven Experience: With years of experience in criminal law and compliance, we have helped numerous companies implement effective criminal compliance programs.
Multidisciplinary Team: Our team is made up of lawyers specialized in criminal law and compliance, which allows us to offer a comprehensive and well-founded service.
Professionalism and expertise: We carry out our work with seriousness, honesty and efficiency. We have the technical knowledge and experience necessary to offer the best service to our clients.
Commitment to our clients: We are dedicated to achieving the best possible results for our clients, ensuring their legal compliance and protection from criminal liability.
Prepare your consultation
To prepare for the consultation, it may be helpful to gather:
- Activity and structure of the company.
- Existing procedures and controls.
- Compliance program, if you already have one.
Include the dates or deadlines stated in the communications.
Frequently asked questions about Criminal Compliance
Display the answers that interest you. Your situation requires an individual assessment.
What is criminal compliance?
Criminal compliance refers to the systems and processes that a company implements to prevent and detect the commission of crimes within the organization, ensuring compliance with current criminal legislation.
Why is criminal compliance important in a company?
It is crucial to avoid legal sanctions, protect the company's reputation, and ensure an ethical and legal work environment. In addition, it can exempt the company from criminal liability if it is shown that all necessary measures were taken to prevent crimes.
What regulations regulate criminal compliance in Spain?
Organic Law 5/2010 introduced the criminal liability of legal entities into the Spanish Criminal Code. Organic Law 1/2015 reformed these rules and clarified the conditions under which organisational and management models designed to prevent offences can exempt companies from criminal liability.
Which companies are required to implement a criminal compliance program?
Although there is no specific legal obligation for all companies, it is strongly recommended that all companies, regardless of their size, implement a criminal compliance program to mitigate legal risks and protect their reputation.
What should a criminal compliance program include?
An effective program should include:
Who is in charge of implementing and supervising criminal compliance in a company?
The Compliance Officer is the person in charge of implementing, supervising and maintaining the criminal compliance program in a company. This can be an internal employee or an external consultant.
What crimes can a criminal compliance program prevent?
A criminal compliance program can prevent crimes such as fraud, money laundering, corruption, tax crimes, and other economic and financial crimes.
How is the effectiveness of a criminal compliance program demonstrated?
Effectiveness is demonstrated through the documentation of all preventive, training and control actions carried out, as well as through independent audits and reviews that certify compliance with the program.
What legal consequences can a company face without a criminal compliance program?
A company may face fines, sanctions, disqualification from contracting with the public administration, and damage to its reputation. Additionally, managers may face individual criminal liability.
How does criminal compliance affect a company's employees?
Employees must comply with the policies and procedures of the criminal compliance program. They must receive appropriate training and be informed about reporting channels and the consequences of not complying with regulations.
What is a whistleblowing channel in a criminal compliance programme?
It is a system that allows employees and third parties to confidentially and anonymously report any suspicious or illegal behavior within the company.
How is a criminal compliance program implemented in a company?
It begins with a risk analysis, followed by the development of policies and procedures, training of staff, establishment of a complaints channel, and the appointment of a Compliance Officer. Continuous monitoring and periodic audits must be carried out.
What role does training play in criminal compliance?
Training is essential to ensure that all employees are aware of policies, procedures and the importance of legal compliance. Helps prevent crime and create an ethical corporate culture.
What is the difference between criminal compliance and corporate compliance?
Criminal compliance focuses on preventing crimes and complying with criminal legislation, while corporate compliance covers a broader scope, including compliance with all rules and regulations applicable to the company, such as labor, tax, environmental regulations, etc.
What benefits does a well-implemented criminal compliance program provide?
An effective program can significantly reduce the risk of committing crimes, protect the company's reputation, improve organizational culture, and in some cases, can exempt the company from criminal liability if a crime is committed.
Tell us what you need help with
Legal consultation: €150, VAT included. If you then engage us to handle the proceedings or matter, we deduct this amount from our fees.
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