BNCE – COMPLICANCE SYSTEM
COMPLIANCE PENAL
Implementation of Criminal Compliance Systems
Effective prevention to protect your company from criminal risks
Criminal Compliance is a set of measures and procedures designed to ensure that a company always operates in accordance with the law, avoiding the commission of crimes within its structure and, therefore, its criminal liability.
In essence, it is an essential preventive system to protect the company and ensure its legal integrity.
Why is Criminal Compliance important?
According to article 31 bis of the Criminal Code, legal persons may be criminally liable if offences are committed within their organisation. Prevention is therefore key: adopting management and control systems that minimise the possibility of offences is the best way to avoid sanctions and reputational damage.
Our methodology for implementing criminal compliance systems
We specialise in the evaluation and implementation of Criminal Compliance systems adapted to Spanish and European practice and jurisprudence.
Our approach includes:
(a) Complete diagnosis of criminal risks specific to your company.
b) Design and implementation of protocols and internal policies to prevent unlawful conduct.
c) Ongoing training and awareness-raising for employees and managers.
d) Monitoring and constant improvement of the system.
The whistleblowing channel: a key and mandatory tool
One of the essential measures that Criminal Compliance systems must include is the whistleblowing channel, a secure and confidential mechanism that allows employees and third parties to report irregular or criminal conduct within the organisation.
This channel is regulated in the European Union by Directive (EU) 2019/1937, and in Spain by Law 2/2023 of 20 February, which protects those who report regulatory breaches and acts of corruption.
Legal obligation for companies with more than 50 employees
Since the entry into force of this legislation, private companies with more than 50 employees are obliged to implement a whistleblowing channel that complies with strict legal requirements to ensure confidentiality, whistleblower protection and efficiency in the management of alerts.
