The Criminal Code, under Article 31, sanctions legal entities for the infringements committed by their employees in cases where the company has not exercised the required control.The management is required to anticipate and manage not only the financial and operational risks but also the company’s risks under criminal law, and to create structures for regulatory compliance with adequate policies and procedures to guarantee that the company (management, employees and associated officers) complies with current legislation.Within the legal framework they not only have to consider the legal regulations, but should also include internal policies, commitments to customers, suppliers or third parties and, in particular, the ethical codes that the company has committed itself to respect since these will contribute towards building confidence in buyers and partners.
Out of this the concept of Corporate Compliance was born, that is to say, a system of control which detects and prevents criminal conduct which could affect the management and workers of a company.Each prevention plan that is created must of necessity adapt itself to the nature, size and specific risks of the individual companyThe law thus obliges business organisations (large corporations as well as small and medium enterprises) to carry out all possible steps to avoid a crime being committed and if, in the worst case scenario, it cannot be avoided, companies must be able to demonstrate that all possible preventive measures have been put in place.
Our office includes expert criminal lawyers and expert advisors in legal and business assessment. The combination of both professionals is essential in order to establish and develop an appropriate Plan for Regulatory Compliance that is both effective and up-to-date with the company’s organizational, structural and operational changes. In our Corporate Compliance department, we provide our clients with a system of overall prevention against the criminal risks that might affect their business.
- Identifying and analysing the criminal risks according to the environment or sector in which their business operates.
- Establishing a programme for the detection and prevention of crimes within the company.
- Setting up a confidential communication system through which to receive information or reports on the risks of non-compliance.
- Offering specific legal training for Administrators, Managers and staff in order that they will be able to detect and avoid any unlawful conduct in the course of their duties.