In today’s competitive business environment, corporate integrity and regulatory compliance have become fundamental pillars for the sustainable success of any organization. At Molins Compliance, we deeply understand this reality and have specialized in offering Compliance solutions that not only ensure… Read more

I. INTRODUCTION Despite the fact that the criminal liability of legal entities has been provided for in our legal system since the amendment made to the Criminal Code by Organic Law 5/2010 of 22 June, the fact is that, more… Read more

The ISO 37001 standard on Anti-Bribery Management Systems (ABMS) is one of the most relevant self-regulation standards at an international level in the field of Compliance. Initially published in 2016, ISO 37001 closely coincided with the 2015 reform of the… Read more

Compliance is dynamism and constant evolution. To this end, it is essential to keep abreast of changes and improvements in this area, especially those that are most critical for each organisation. The Compliance Department of Molins Criminal Defence presents the… Read more

The Spanish Law 2/2023, of 20 February, regulating the protection of persons who report regulatory breaches and the fight against corruption (hereinafter, Law 2/2023) represented a paradigm shift in the fight against corruption and the commission of regulatory breaches within… Read more

The Council of Ministers recently green-lighted the proposed Law of Corporate Reporting on Sustainability, a decisive step towards greater transparency and accountability in business activity. This regulatory framework, which is now headed for parliamentary processing, includes environmental, social and governance… Read more

In September 2024, the United States Department of Justice (DOJ) released an update to its guidance on the Evaluation of Corporate Compliance Programs (ECCP). This document aims to provide prosecutors with guidance on investigating and assessing the effectiveness of organisations’… Read more

In today’s increasingly regulated and complex business environment, organizations face constant scrutiny from their suppliers, customers, and stakeholdersin general. In this scenario, the consequences derived from a regulatory breach or irregularity in an organization can be highly damaging, not only… Read more

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

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 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

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

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

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

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

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

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

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

#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

#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

#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