The Organic Law 1/2005 of the Penal Code reform reinforces the criminal liability of legal persons by introducing a new article, 31 bis, by which, as of its entry into force, Spanish legal entities have a short-term impact, they will condition their internal organization, their control systems, and, even, the contracting of their liability insurance in general, and the responsibility of their administrative and management bodies.
Companies must take into account this criminal precept, since the liability of the legal entity comes into play when a person of the company commits a crime. That is, it is not limited to crimes committed by its administrators or its directors, but by any employee for lack of control.
- An Ethical Code.
- Preparing a risk map.
- Establishing control and prevention procedures.
- Preparing a channel for receiving anonymous complaints.
- Designing a specific training plan for all employees
- Periodically checking the model and its possible modification or update.