Latest news and articles from Criminal Law

News and articles

We present the latest news and current events in the sector

Molins Criminal Defense regularly publishes articles of interest and news, events and latest news related to our field of activity: Criminal Law, Compliance and crime prevention.

Progress in the Implementation of the Independent Whistleblower Protection Authority

Tras un (1) año de expectativa desde la promulgación de la Ley 2/2023, de 20 de febrero, reguladora de la protección de personas que informen sobre infracciones y de lucha contra la corrupción (en adelante, Ley 2/2023), finalmente se ha… Read more

Three notes on the criminal liability of legal persons: Judgment no. 298/2024 of 8 April 2024

The very recent Judgment cited above, with a paper by the always suggestive Mr. Antonio del Moral, addresses three important aspects of the criminal liability of legal persons: i) the burden of proof regarding the effectiveness of Compliance models ii)… Read more

Spain continues its fight against corruption: A detailed analysis of judicial progress in 2023

The year 2023 stands out as a crucial period in Spain’s ongoing battle against corruption. The country’s courts have displayed a commendable activity in investigating and prosecuting cases linked to illegal practices in the public and political spheres. In this… Read more

Juan Segarra has been appointed Director of the Molins Defensa Penal Litigation Department in Barcelona’s office

We are pleased to announce that, after almost twenty years of constant dedication to our firm, with a career and professional experience forged in his discreet but excellent and successful work in many of the most important cases of our… Read more

Summary 2023. INTERNAL INVESTIGATIONS.

Molins’ Internal Investigations team presents a summary of year’s 2023 normative and case-law milestones on Internal Investigations. Download PDF

More than 80% of Catalan companies fail to comply with Law 2/2023

Last Wednesday, the 13th of March, marked one (1) year since the Anti-Fraud Office of Catalonia (hereinafter referred to as the Anti-Fraud Office or OAC, for its acronym in Catalan) assumed the responsibilities for the protection of whistleblowers in accordance… Read more

The challenge of corporate sustainability reporting for organizations in relation to the new report “Supporting ESG reporting standards”

In January 2024, the Spanish Association for Standardization (hereinafter, UNE) issued a report entitled “Supporting ESG reporting standards“, with the aim of encouraging the application of specific standards by Spanish organizations in their sustainability reporting. The purpose of this note is to provide a comprehensive approach… Read more

Is there a succession of administrative liability in M&A? Brief commentary on Judgement 179/2023 of 11 December 2023 of the Second Chamber of the Constitutional Court

The Constitutional Court (hereinafter, CC) has dismissed the appeal filed by Banco Santander against the resolutions of the Council of Ministers which, in 2019, imposed a sanction of €1,056,000 on it as the successor to Banco Popular. The sanction arose… Read more

Regarding the delicate balance between Equality and Compliance policies in relation to Protocols against Mobbing and Sexual Harassment

Mobbing and Sexual Harassment offences, as defined in articles 173.1 and 184 of the Spanish Criminal Code, respectively, are cross-cutting risks that can be observed in any environment where people interact and, therefore, in any company, foundation, association, among others, regardless of their activity. The purpose… Read more

The agreement details of the worldwide artist Shakira

Shakira’s defense reached an agreement with the accusations on November 20, 2023, putting an end to the criminal procedure followed against the artist for the tax crimes for Individual Income Tax and Net Worth Tax (years 2012, 2013 and 2014)…. Read more

The new Foreign Extortion Prevention Act

El pasado mes de diciembre se aprobó por parte del Congreso de los Estados Unidos la nueva “Foreign Extortion Prevention Act” (Ley de Prevención de Conductas de Extorsión en el Extranjero; en adelante, FEPA). Complementando a la “Foreign Corrupt Practices Act” (Ley de Prácticas de Corrupción… Read more

The deadline for adapting the use of cookies has expired

The deadline for implementing the necessary changes for the use of cookies, according to the criteria set out in the Guide on the Use of Cookies, has expired, after a transitional period of six months. On 11 July 2023, the Spanish Data… Read more

Current developments in Compliance: the publication of the UNE 19603 on Compliance Management Systems regarding free competition

Recently, the Spanish Association for Standardisation (UNE) has published the standard UNE 19603, Compliance Management Systems in matters of free competition (hereinafter, UNE 19603). This standard provides the necessary guidelines to establish, develop, implement, evaluate, maintain and continuously improve a Compliance Management System in this… Read more

ComplianceKeys – Monográfico/Monogràfic/Monograph

Desde el Departamento de Compliance de Molins Defensa Penal se ha preparado el presente monográfico de todos los ComplianceKeys publicados en nuestro web y en las redes sociales hasta la fecha. Como se puede comprobar, este serie de ComplianceKeys trata cuestiones básicas y de interés en… Read more

Corporate control of WhatsApp conversations and secrecy of communications

Comment to the Judgment of the Superior Court of Justice of Madrid no.  405/2023, of 8 June, rapporteur Maria del Carmen Prieto Fernández. Subject matter: corporate control of WhatsApp conversations held by an employee on a corporate mobile phone. Scope… Read more

The shared function of Legal & Compliance in Spain and the United States. Is it possible to unify in the same person or department?

Despite the long history of criminal liability of legal entities, both in the United States and, to a lesser extent, in Spain, and the development of different self-regulatory norms and standards regarding ethical and regulatory Compliance, it does not exist today an… Read more

Limits to police video-surveillance as a valid source of evidence. Commentary on STC no. 92/2023.

On 11 September 2023, the Constitutional Court handed down Ruling no. 92/2023. In this decision, the Court ruled on a request for defence which, according to the Court, is of particular constitutional importance in relation to the fundamental right to… Read more

Compliance and data protection: integration and governance

Properly managing the protection of personal data within an organization is of vital importance today. We are constantly witnessing administrative sanctions and reputational judgments to which those organizations that do not comply with the regulations in this area and/or have… Read more

The new ISO 37008: guide for internal investigations

Last July, ISO 37008 was published, consisting of a guide for conducting internal investigations in any kind of organization. The standard comes after the transposition of Directive (EU) 2019/1937, on the protection of whistleblowers, in most of the countries of… Read more

New public call for the awarding of subsidies for the financing of Compliance programs

On September 18, 2023, was published in the Official Gazette of the Generalitat de Catalunya, the Resolution of September 14, 2023, under which the Catalan Competition Authority opens a public call for subsidies to finance Compliance programs aimed to prevent antitrust irregularities. The subsidies contemplated in this call are… Read more

Recent Supreme Court case law on Compliance – Compliance Keys #24

#Compliancekeys24 After more than (10) ten years since the introduction of the criminal liability of legal entities in the Spanish Criminal Code, the Supreme Court has had the opportunity to rule on issues affecting Compliance on numerous and diverse occasions. Thus, this ComplianceKeys24 will provide a list of the most… Read more

Corporate criminal liability and Compliance in the wake of the Women’s World Cup final case

Following the events that took place in the final of the Women’s World Cup in Australia, a profound debate has been opened on the possible criminal transcendence of acts such as kissing another person without consent. In this regard, the following… Read more

Criminal Compliance, what is it? Compliance Keys #23

The term Compliance can be defined as regulatory compliance, or compliance with that which must be complied with. The scope of the regulatory compliance that a given entity must ensure can be very broad, as well as the totality of… Read more

What is the ethical channel?

Ethical channels have acquired great relevance since the recent and novel publication of Law 2/2023, of February 20, regulating the protection of persons who report regulatory infringements and the fight against corruption (hereinafter Law 2/2023). Although Law 2/2023 has encouraged… Read more

Training and awareness in Compliance

In the last #ComplianceKeys we made a brief comment on one of the most important elements that make up a Compliance System: the Code of Ethics or Code of Conduct (ComplianceKeys20). In this #ComplianceKeys21, we follow the same line as… Read more

Is the Code of Ethics a key element of the compliance management system?

The Code of Ethics could be defined as the normative constitution of an organisation, that is, the fundamental regulation from which all others are derived. It will also be the soul of the organisation, a document that sets out the… Read more

The confession of the prosecutor in Lola Flores’ trial for defrauding the Treasury: “She was chosen as an example, for sure”

Thirty years after Lola Flores’ trial for defrauding the Treasury, La Sexta TV show analyzes the case with our managing partner in Madrid, Luis Jordana de Pozas Gonzálbez, who was the prosecutor who investigated it. You can see the full… Read more

Compliance body, internal or external?

In the last #ComplianceKeys we have offered a brief analysis of some of the main characteristics of a prominent figure of any Compliance System: the Compliance body. Thus, previous publications have dealt with issues such as its configuration as a… Read more

The functions and responsibilities of the Compliance Officer

In the last #ComplianceKeys (ComplianceKeys17) a brief introduction was made to one of the basic characteristics of Compliance bodies: their possible configuration as single-person bodies (for example, through the figure of the Compliance Officer) or as collegiate bodies (for example,… Read more

Compliance body: single-person or collegiate?

Having analyzed in the previous #ComplianceKeys the state of criminal liability of legal entities at the international level, the following publications will again take a national approach and analyze some issues related to the main elements that make up Compliance… Read more

The report and the criminal risk map

#ComplianceKeys16 Any Compliance Programme or System is made up of a set of elements that are usually always present regardless of the purpose or scope of the Programme or System in question. We are talking, for example, about elements such… Read more

Criminal liability of legal persons in the United States and Canada

#ComplianceKeys15 We close the #ComplianceKeys series on the state of regulation of the criminal liability of legal persons in different countries with an analysis of Canada and the United States. Before assessing the current state of this issue, it is… Read more

Criminal liability of legal persons in Africa

#Compliancekeys14 In this week’s #ComplianceKeys14, the second to last article on this subject, we will briefly analyse the regulation of the criminal liability of legal persons and the status of Compliance Systems as a mechanism for exemption from said criminal… Read more

Brief summary of the ECHR (Grand Chamber) Judgement on the case of Halet v. Luxembourg, on February 14th, 2023

Just a week before the publication in Spain of Act 2/2023 of February 20th, 2023, regulating the protection of persons who report regulatory infringements and of fight against corruption, transposing Directive 2019/1937 of the European Parliament and Council of 23rd… Read more

New law requiring companies to have an Ethical Channel

Today, the Official State Gazette (BOE) published the new Law regulating the protection of people who report regulatory infringements and the fight against corruption, the approval of which means the incorporation, at last, of the Directive (EU) 2019/1937 of the… Read more

Criminal Liability of legal entities in Central and South America

#Compliancekeys13 In the last decade, the criminal liability of legal persons has been incorporated into the Criminal Codes of the different Ibero-American countries. Proof of this is that more than half of the countries already have a specific provision in… Read more

SUMMARY 2022 | INTERNAL INVESTIGATIONS

Molins’ Internal Investigations team presents a summary of 2022, with a brief summary of the milestones set by the last exercise on private inquiries within the company. Although the discipline is still at its beginning in Spain, last year was… Read more

Anna Núñez Miró has been appointed Managing Partner of the Compliance Department of Molins Defensa Penal

We are pleased to announce that, after seven years in the firm, with a professional career and impeccable involvement, the lawyer Anna Núñez Miró has been appointed Managing Partner of the Compliance Department of Molins Defensa Penal, a team that… Read more

Liability of legal entities in West Asia

 #ComplianceKeys12 Continuing with the analysis of the state of international regulation on criminal liability of legal entities; in #ComplianceKeys12 we will briefly analyze the regulatory framework around this issue in different countries belonging to the West Asia region. Thereupon, although… Read more

Liability of legal entities in East Asia and Oceania

 #Compliancekeys11 In this week’s #Compliancekeys11, we briefly outline the regulation of the liability of legal entities in the different countries that are part of Eastern Asia and Oceania. As can be seen, the majority of countries in Eastern Asia and… Read more

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