Informative breakfast on criminal responsibility in international activity

PRESENTATION BY D. MIGUEL TOLEDO MURCIA at the Genoa Financial Club on the Criminal Liability of Spanish companies in their international activity.

ACOCEX has organized an informative breakfast for its members on criminal liability of companies and their managers in their international activity.

Since criminal liability cannot be covered by insurance*, how to cover oneself against this new business risk? The solution is to have a Criminal Compliance Manual that can serve as an exemption against criminally punishable acts. To this end, the Criminal Compliance Manual must comply with the following characteristics:

-Effectively drafted
-Customized for each company
-Designed by jurists specialized in the field and supervised and reviewed by an independent criminal/legal auditor to avoid possible conflicts of interest.
The methodology to be followed in order to have a good Criminal Compliance Manual consists of :
-Phase 1: Identification of the criminal risks that may affect each company and its managers.

-Phase 2: Analysis of the control mechanisms available to each company and its managers.
-Phase 3: Drafting of a specific action plan and the corresponding Criminal Compliance Manual.
-Phase 4: Implementation of the preventive plan according to the CCM.
-Phase 5: Constant supervision and control.
* Insurance may cover legal defense and the presentation of guarantees if necessary, but not criminal liability.