Criminal compliance has evolved from a mere regulatory obligation into a key differentiator in business strategy. In an environment where corporate responsibility is paramount, implementing a robust criminal prevention system not only safeguards the company but also enhances its competitiveness and reputation.
Since the amendment of the Spanish Criminal Code in 2015 (Organic Law 1/2015), companies can be held criminally liable for offenses committed for their benefit, whether by executives or employees. This underscores the necessity of implementing criminal compliance programs to mitigate legal and reputational risks.
However, relying solely on law firms or large consultancies may not always suffice. The State Attorney General's Office, in its Circular 1/2016, advocates for an integrated approach that merges legal counsel with a strategic business vision.
For criminal compliance to be truly effective, it's essential to engage professionals who not only master the regulations but also comprehend the intricacies of the business. At Servitalent, we offer the placement of Advisory Counsels in Criminal Compliance, professionals with extensive experience in both legal and senior management fields. Their role extends beyond mere regulatory adherence, integrating compliance into the business strategy to optimize management and streamline operations.
Criminal risk assessment: Identifying vulnerabilities in accordance with Article 31 bis of the Criminal Code, with a detailed analysis of risk exposure.
Supervision and continuous improvement:
Beyond avoiding penalties, a solid criminal compliance program yields tangible competitive advantages:
To optimize your organization's Criminal Compliance strategy, consider these aspects:
Conduct a risk assessment: Evaluate vulnerable areas and define specific preventive measures.
Design an effective action plan: Ensure the Criminal Compliance program aligns with the business strategy and isn't merely a reference document.
Train your team: Continuous training in ethics and criminal prevention is crucial to ensure day-to-day compliance.
Implement secure reporting channels: Ensure a reliable and anonymous system to report potential irregularities.
Ensure constant supervision: Regularly review and adjust compliance policies to adapt to legal and corporate changes.
At Servitalent, we assist companies in strengthening their compliance structure by selecting Advisory Counsels specializing in Criminal Compliance. We provide experts who not only ensure regulatory compliance but also add strategic value to the organization.
A well-crafted criminal compliance program not only shields the company from legal risks but also enhances its long-term competitiveness and sustainability.