The criminal liability of legal persons was introduced into our legal system with the constitutional law 5/2010, and since then, any legal person can be imposed a wide range of penalties, among others:
- Dissolution of legal entity.
- Temporary suspension of activity.
- Closing of premises and establishments.
- Ineligibility for subsidies, public aid and contracts with the public sector, and disentitlement to benefits and incentives related to tax or Social Security.
- Judicial intervention.
In addition, it should be noted that the most important penalty is the reputational and social damage (negative publicity) that the company may suffer from any criminal conviction.
Examples: crimes against the environment, crimes against public health, crimes against the rights of foreign nationals, offenses against the tax office and Social Security, crimes against intellectual and industrial property, the market and consumers, money laundering, etc.
In this sense, the recent constitutional law 1/2015, establishes a regime of exemptions that allows legal persons to safeguard their criminal responsibility.
To do this, the law obligates companies to adopt and execute programs of criminal risk prevention (Corporate Compliance), thus establishing models of organization and management to prevent crime or reduce the risk of their commission.
Likewise, the implementation of this type of program improves the institutional reputation of the company, since it is a competitive measure and generates confidence in suppliers, clients, investors and shareholders.
In ALCAZAR LAWYERS AND CONSULTANTS, we have extensive experience in the implementation of this type of program. If you want to protect your business from the possible criminal risks existing in your company, contact us and we will advise you on the implementation of a program of prevention of criminal risks (Corporate Compliance).