As lawyers specialized in economic criminal law, from Forcam Lawyers we cannot but insist on the importance of preventive criminal advice. And it is that the Criminal Code admits the possibility of exonerating from criminal responsibility companies that have fulfilled their duties in terms of prevention.
Precisely for this reason we offer criminal compliance programs for your company. But if you do not have one of these systems and your company has been the subject of a complaint or lawsuit, all is not lost yet. We can defend you in all criminal proceedings and trials to try to minimize or avoid conviction.
The criminal liability of the company
Article 31 bis of the Criminal Code allows corporates to be criminally responsible for crimes committed in their name or on their behalf and for their direct or indirect benefit.
Once the company (legal entity) is sentenced, the applicable penalties will involve the imposition of fines, closure of premises, suspension and prohibition of activities, disqualification from obtaining subsidies or aid or contracting with the public sector... However, probably the most serious penalties are the judicial intervention and dissolution of legal personality.
In other words, the attribution of criminal responsibility to the corporate may lead to its extinction. This is why it is essential for the corporate to have lawyers with extensive experience in corporate criminal law, who will help them solve the problem.
Prevention in matters of criminal liability of the company
In order for the company to be criminally liable, the Criminal Code requires that the company does not have adequate means of prevention. Thus, this liability can be exonerated as long as the company certifies that it has an updated and effective criminal corporate compliance program.
In summary, the adoption of criminal compliance programs that comply with the structure and requirements outlined in the Criminal Code can be the best defense in economic criminal law for the Corporation, exonerating it from its criminal responsibility avoiding the corresponding sentences.