Spanish criminal corporate compliance & Registered ecommunications

On Wednesday, September 16, Sisco Sapena, CEO of, participated in a seminar organized by Euroforo Arasa Miquel and SSB Advocats associated law firms entitled The new rules regarding corporate criminal liability introduced by the latest reforms in the Spanish Criminal Code (Corporate Compliance).

On 30 March 2015 the Spanish Parliament passed a new law  (Organic Law 1/2015, amending the Spanish Criminal Code (the SCC). The new regulation, which was published in the Spanish Official Gazette on 31 March 2015, entered into force on 1st July 2015.

This latest reform continues the trend in imposing criminal liability for corporates under the Spanish legal system. However, from 1 July 2015 Companies have a complete defence to corporate criminal liability if they can demonstrate that they have implemented an adequate compliance programme. Adequate compliance programme may contribute to mitigate criminal liability of corporates.

If a company is seeking favourable treatment on the basis of its pre-existing credible and effective compliance program, then it is up to the company to prove that its program is credible and effective. The Spanish State Attorney General, has issued Circular 1/2011 providing some indication (in the form of hypotheticals) on how it may assess the credibility and effectiveness of a pre-existing compliance. A program is credible and effective where the company can show that it is “reasonably designed, implemented and enforced.”

In a nutshell, corporates need to take action now to implement adequate compliance programmes if they are to avoid potential criminal liability.

The existence of any possible irregularity within the company should be evaluated for those responsible and communicated to whom it may concern.

And this is where we play an important role. A regular communication using registered SMS or email acting as third trusted party, provides the proof not only of the existence of the plan but also its effective implementation.

As the saying goes “an apple a day keeps the doctor away, so sending every 15 days a registered communication, keeps a criminal conviction away”.

If you would like more information on how our services and solutions fit your criminal prevention plan, do not hesitate to contact us:

[email protected]

+34 973 282 300

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