The importance of implementing criminal compliance

Article 31 bis of the Criminal Code provides that a company may be exempted from criminal liability if it proves that it has effectively implemented a crime prevention system. To this end, the Supreme Court has stressed the need for the compliance programme to be effective, i.e. not merely formal or theoretical, but to have a real impact on the organisation.

The implementation of Criminal Compliance is not limited to the creation of internal regulations, but involves a transformation in the corporate culture, integrating measures that reinforce ethics and compliance within the company. The organisation must be aware of the existence of Criminal Compliance, know its content and act in accordance with it. Implementation, and the accreditation thereof, is the most important phase of Compliance if the employer wants to achieve full effectiveness.

Phases in the implementation of a criminal compliance programme

To ensure the effectiveness of a criminal compliance programme, its implementation must take place in several key stages:

1. Risk analysis: The company must identify and assess the specific criminal risks depending on its sector and activity.
2. Programme design: Development of a plan with standards, internal controls, codes of conduct and disciplinary measures.
3. Training and awareness-raising: Continuous training of employees and managers on criminal risks and how to avoid them.
4. Establishment of reporting channels: Creation of secure and confidential mechanisms for reporting possible infringements.
5. Supervision and monitoring: Periodic review of the system to assess its effectiveness and make continuous improvements.
6. Investigation and sanction: Internal procedures for the detection, analysis and correction of non-compliance.

Benefits of implementation

Having a well-structured Criminal Compliance programme brings substantial advantages, such as:

• Reducing legal risks: It reduces the likelihood of incurring criminal offences and therefore criminal liability.
• Corporate reputation: A company with a high level of compliance inspires confidence in its customers, investors and partners.
• Competitive advantage: Meeting regulatory standards improves market position.
• Facilitating litigation: An effective compliance programme can serve as a mitigating factor in legal proceedings.
• Protection of managers and employees: Minimises the possibility of senior managers being held criminally liable for improper actions within the company.
• Access to better business opportunities: Companies with strong compliance programmes can participate in public procurement and access financing more easily.

The implementation of Criminal Compliance in Spain is a strategic necessity for companies that wish to operate safely and ethically. A well-designed compliance model protects the organisation from sanctions, reinforces its corporate culture and positions it favourably in the market.

In an increasingly regulated business environment, having an effective and correctly implemented Criminal Compliance programme is key to business success and sustainability. Moreover, it should be borne in mind that implementation will be the step that really demonstrates the effective application of the proposed measures and the effectiveness of Compliance itself, which, we must remember, must be custom-designed for each company and its activity.

Do you need advice? Access our area related to the implementation of Criminal Compliance:

Regulatory Compliance