ComplianceKeys#9 The regulation of corporate liability for the commission of crimes or administrative offenses within companies differs significantly among the different Member States of the European Union. Indeed, there is currently no EU directive or regulation unifying the regulation of… Read more

On Tuesday of last week, December 20, the Attorney General of the State, published Circular 2/2022 on the extraprocedural activity of the Public Prosecutor’s Office in the field of criminal investigation, which replaces Circular4/2013, of December 30, on Investigation Diligences…. Read more

On December 16th, 2009, the FIFA Council (Fédération Internationale de Football Association) approved the «FIFA Football Agent Regulations», i.e., the reference regulation regarding the activity of Football Agents and the relationships they may maintain with clubs, players, coaches and other… Read more

Recently, the Supreme Court has acquitted a legal entity of the offences for which it had been under investigation, on the grounds that it was not sufficiently complex to be guilty of such offences. To this effect, the High Court… Read more

ComplianceKeys#8 Christmas is often synonymous with joy, rest and gifts. In a business context, gifts are synonymous with a good relationship with a customer, supplier or other third party, but they can also mask other, less innocent intentions. Thus, what… Read more

ComplianceKeys#7 As has been analysed in other Compliance Keys, legal entities may be criminally liable for offences committed in the course of their activities. However, Article 130.2 of the Spanish Criminal Code establishes an exception to this issue that deserves… Read more

ComplianceKeys#6 In parallel to the penalties that can be imposed on legal entities (ComplianceKeys#5), Article 129 of the Spanish Criminal Code regulates a series of punitive consequences that can be applied to entities without legal personality in the event that… Read more

ComplianceKeys#5 Having analyzed in other Compliance Keys the legal entities that can be criminally liable in Spain (ComplianceKeys#2), the crimes that can generate criminal liability for legal entities in Spain (ComplianceKeys#3) and, finally, the requirements for the attribution of such liability… Read more

On 23 September, the Draft Law regulating the protection of persons who report regulatory offences and the fight against corruption (hereinafter, the Draft Law), which transposes Directive 2019/1937 of the European Parliament and of the Council of 23 October 2019,… Read more

ComplianceKeys#4 As has been introduced in other Compliance Keys, since the reform introduced in the Criminal Code by Organic Law 5/2010, legal entities (such as corporations, foundations, associations, etc.) may be criminally liable for crimes committed within them. However, Article… Read more

ComplianceKeys#3 In view of the configuration of the model of attribution of criminal liability to legal entities introduced by the Spanish legislator in the reform of the Criminal Code carried out by Organic Law 5/2010, of June 22nd legal entities… Read more

ComplianceKeys#2 1. Which legal entities can be held criminally liable in Spain? When defining which collective entities are liable to criminal liability, Article 31 bis of the Spanish Criminal Code refers to "legal entities". This term is rather generic and… Read more

ComplianceKeys#1 Corrective action: Action to eliminate the causes of a nonconformity or noncompliance and prevent its recurrence. Senior management: Person or group of persons who direct and control an organization at the highest level. Audit: Systematic and independent process for… Read more

The giving of gifts, invitations and hospitality has been a generally accepted business practice since time immemorial. This practice, as is well known, is deeply rooted in our society and can have different positive purposes: to thank the trust placed… Read more

The creation in 2021 by the United States Attorney General’s Office of the Advisory Commission on Corporate Crime aims to provide greater clarity on the tools available to prosecutors for the investigation of natural and legal persons who commit crimes… Read more

Last Monday, September 26th 2022, the Joint Committee for the Relations with the Court of Auditors published the report submitted for “Control of the degree of implementation of the models for the prevention of crimes and unethical behaviour in the… Read more

Since 1991, the United States Sentencing Commission has been publishing a set of guidelines for sentencing a legal entity in the United States, known as the “Sentencing Guidelines”. Although the main purpose of these guidelines is to unify the criteria… Read more

On September 7th 2022, the Official State Gazette (Boletín Oficial del Estado) published the new Organic Law 10/2022, of September 6th, on the comprehensive guarantee of sexual freedom with the aim of adopting effective, global and coordinated measures between the… Read more