In 2010, the Penal Code introduced the possibility for legal persons to respond criminally to crimes committed by their managers or employees. The regulation has been improved and completed in the recent reform of the 2015 Penal Code, which specifies the requirements of the prevention and control model that companies must have implemented if they intend to be exempted from criminal liability.
Taking into account the interpretation made by the State Attorney General’s Office in Circulars, and the very recent Supreme Court Judgment of the 29th of February and 16th of March 2016
, the final rule results in establishing for the first time, liability criminal responsibility of legal persons. It further concludes that it is imperative that companies have effective control mechanisms.
These mechanisms will be effective if they have been prepared prior risk analysis, taking into account the specific circumstances and processes of the company and particularities of the sector’s activity, which has to be adequately updated in order to ensure all the sufficient contents to be suitable to preclude any liability from the company’s responsability. Information brochure: Criminal Compliance
The developed tool
– Legal Compliance (CUMPLISOFT)
– for the elaboration of the models and protocols that have to be implemented in the companies
puts at their disposal the solvency and experience of its professionals in the legal, business and audit areas. This tool provides a service that not only will report to the company the confidence of legal compliance, it further will allow its management body to review internal procedures and establish the most suitable mechanisms, both ethical, legal and economic.