The reform of the Penal Code operated by Organic Law 1/2015, after joining our Law in the year 2010 of the criminal responsibility of legal persons for those criminal actions committed by their administrators and / or legal representatives, as well as by employees over whom due control has not been exercised, has involved the need in companies to implement effective prevention programs in order to control risks in their organization and avoid the commission of crimes.

Current situation of Criminal Compliance

In this years, Spain has seen a growing commitment of companies to the "culture compliance” usually (Regulatory Compliance in the business environment) and with him compliance criminal in particular, through the implementation of Crime Prevention Programs within Companies; and it has turned from the initial perception of these Programs as the only way to avoid criminal liability of the company, avoiding the imposition of penalties to the same for not exercising due control over its employees (purpose that remains in force), to a broader view of them, highlighting:

• It is one more business asset, from the perspective of increasing added value to the Company.
• It is a way to optimize your own resources, Company procedures and protocols, sometimes subject to revision and adaptation to avoid risks.
• Offer better competitive, as:
  • Higher reputation of the company
  • Investor confidence
  • Greater access to the market and new capital
  • Sustainability of the company and sustainability of the business in the medium and long term

What can Delyser Abogados offer?

In this new scenario, the Department of Compliance Criminal of Delyser Abogados , backed by a large and efficient team of experienced and highly specialized professionals in all branches of law involved in legal advice to companies.

How can we help you?

DELYSER Lawyers, in the field of Compliance Penal, provides services in different fields:

1. Design, preparation and implementation of Crime Prevention Programs, by the following actions:
   • Conducting a diagnosis and previous analysis, through interviews and documentation review, in order to determine the operation of the company, organization, organizational structure, social activity, development scope, consumer relations, vendors, clients and officials or authorities, for a faithful knowledge of the company.
   • The risk assessment, based on the previous analysis of the activity carried out by the company, of the identification of criminal risks in relation to the crimes typified in the Penal Code that a legal person may commit in the scope of its activity.
   • The I design the model, by drafting the documents on the basis of which the internal procedures for the prevention of criminal conduct and its detection are determined (code of conduct and compliance policies, compliance body, communication channel or complaint), as well as the appointment of a compliance body.
   • Collaboration in model implementation, through the effective communication of the documents that make up the Crime Prevention Program through the information and training on line of dependent people of the company.
2. Specialized legal advice to the compliance body designated by the company, in charge of the continuous supervision of the plan and its adaptation when circumstances so advise or legal changes occur.
3. Training "in company”. Teaching of continuous training for both the Company's Senior Management and employees, in the areas referred to the Crime Prevention Program.
4. Corporate defense: legal assistance in criminal proceedings initiated against the company.

Past actions

• We have collaborated in the implementation of Crime Prevention Programs with important companies from different sectors:
  • Automotive -Cars Group-
  • Architecture -L35 Architects-

  As well as public companies after having obtained the award of public tenders:

  • PECOVASA Renfe Goods, S.A.,
  • Management of Public Infrastructures of Principado de Asturias S.A. (GITPA)

• We have participated as teachers in different courses given to public and private organizations, as well as in other companies in the world of automotive, social services, schools, etc
• We have attended congresses, conferences and lectures, as:
  • Expert Course in Compliance del ICAM
  • Conference "The Corporate Compliance. An asset for the company ", del ICAM

We have a own software for:

• The preparation of Crime Prevention Programs (document repository, computer evidence, etc.)
• Training platform e-learning
• Performance of specialized technical advisory functions the compliance body in charge of the continuous supervision of the Crime Prevention Program (document repository, action tracking, computer evidence, etc.)