The modification of the Criminal Code of 1995 operated by Organic Law 1/2015 has led to the societies needing an organisation and administration model that includes the perfect surveillance and control measures to prevent legal infringements and to reduce significantly their commission.
This way, the Criminal Code, imposes self-regulation of the legal persons to the aforementioned effects. Self-regulation, nowadays conditioned by the public powers focused on making it possible, fomenting it and establishing its development.
Under this context, the regulation compliance is orientated to the implantation of a series of behaviour rules, administration procedures and control mechanisms in the internal part of the legal person, so they can adapt to the ethic and legal requirements, by lessening of erasing the criminal risks.
By doing this, the regulation compliance, in conformity with what’s disposed in the Criminal Code, becomes the only method that guarantees that the criminal responsibility of the company is erased or lessened, as it include surveillance and control measures ideal to prevent legal infringements or to reduce significantly their commission in its form of Model for Prevention.
n Ius + Aequitas Law Firm, we count with the necessary baggage and the adequate education to offer companies an integral service of prevention of labour risks that erases od lessens the criminal responsibility that could be required.
And that, through the three elemental components that all model of prevention should contain:
- A module of prevention, where the risks that could take to criminal responsibility of the company are analysed, focused on the study of the intern functioning of the different areas of the legal person susceptible of supporting criminal risks.
- A module of detection, focused on the location of the materialization of near materialization of a criminal risk, and
- A module of response, planned in the model of criminal prevention in case the risk takes place and, which, in every case, shall articulate in protocols and procedures with a immediate start-up.
All contained in the appropriate document of obliged compliance that systematically must be adapted to the modifications that, in the procedures, experiments the company in union with the educative duty of administrators, directives and employees of the company.