The Crime Prevention and Detection Manual of a company are rules and procedures for identifying risks and management of these through internal controls such as complaints, ethical protocols, information and communication technologies management, which serve to combat indications of crime within the company.
If I have a small company, is it necessary to establish a crime prevention manual? The reality is that yes, since, since July 2015, there is a legal responsibility for which companies, whatever their size, can be criminally responsible for the crimes committed by their representatives or employees, with sanctions that can go From pecuniary fines, or suspension of activities, the closure of premises and judicial intervention, to the dissolution of the legal person
All companies must comply with what is required in the Criminal Code?
It is necessary that the controls with which each company counts adapt to the demands of the Criminal Code. On the other hand, it is necessary that the supervision body of the crime prevention manual has autonomous powers with this, it is achieved that the manual has greater credibility and independence. This figure calls compliance officer.
What happens to the administrator if the company is criminally punished for the crimes that have been committed for their benefit?
In this sense, not only the company will be punished for the crimes committed but that the administrator will also be punished that the company is punished for the crimes that have been committed within its bosom.
Can my company be responsible for all kinds of crime?
Of course not. Only the company can be penalized for crimes among others of fraud, punishable insolvencies, computer damage, investments fraud, use of privileged information, money laundering, etc. On the other hand, there are some crimes for which criminal responsibility for companies is not provided, but that must be fought from a crime prevention manual, because they could imply a criminal responsibility of the administrator. This is the case, for example, of the crime against the rights of the
when due to lack of control, a crime is committed in the company, apart from punishing the company, is the compliance office or administrator punishes?
depends. This question is difficult to answer. It will depend on each particular case through the courts. What all experts in crime prevention coincide in companies is that although the compliance officer has the order, it is the administrator who has the duty of surveillance.
As you can see, it is a scope that keeps many peculiarities, therefore, we recommend that if you have any questions, or you are even considering establishing a corporate crime prevention plan, you write to info@verumasesores.com
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