CRIMINAL AND COMPLIANCE

From MARTÍN MOLINA we work in the prevention of crime, and we attend to the advice and judicial defense of the client.

Prevention of crime:

Since the entry into force of Organic Law 5/2010, of June 22, which modifies the Organic Law 10/1995, of November 23, of the Criminal Code, companies can commit certain crimes when committed by their managers , or when the person who performs it is an employee due to lack of control of the person responsible.

To protect the company from the damaging effects of a criminal conviction, from Legal and Economic we recommend our clients the implementation of a Crime Prevention Plan (PPD), considering that this measure also offers the following benefits;

• Provide the company with an organization and management system adapted to its particular characteristics and needs, with which to avoid or reduce the commission of crimes within it, providing transparency in management and improving the corporate image.
• It can serve as an attenuator. So that a significant economic or temporary reduction of the penalty can be obtained in case of indictment of the company.
• It can serve as an exemption and therefore the company is exempt from criminal liability.

Advice and judicial defense of the client:

At MARTÍN MOLINA we advise, intervene and defend at Judicial Headquarters

• Both companies and other legal persons in any of the 26 categories of crimes they may commit,
• As individuals in the following crimes:

o Economic crimes: misappropriation, fraud, falsehoods, corporate crimes, money laundering, punishable insolvency, forgeries, etc.
o Crimes against the person: injuries, homicide, murder, etc.
o Traffic crimes: Breathalyzer test, speeding, driving without a license, disobedience to authority, reckless driving and omission of the duty of help.
o Crimes against property: theft, theft, reception, damages, fraud, etc.
o Crimes against public health: food and pharmaceutical industry.
o Administrative and political crimes: bribery, prevarication, urban planning, influence peddling, embezzlement, fraud, prohibited negotiations, corruption and infidelity in documents custodylchol
o Crimes against public finances: fiscal offense.
o Domestic violence crimes.
o Crimes against the environment and urban planning: against the ordination of the territory.
o Crimes against freedom: illegal detention, kidnapping, threats, coercion, torture and against moral integrity.
o Crimes against honor: slander and insult.
o Crimes against social security and against the rights of workers.
o Crimes against sexual freedom: sexual assault, sexual abuse, sexual harassment, etc.
o Crimes against privacy: discovery and revelation of secrets, breaking and entering.
o Crimes against family rights and duties: abandonment of family, non-payment of pensions, child abduction, etc.
o Crimes against intellectual and industrial property.
o Offenses against foreigners.
o Crimes against historical heritage.
o Fire crimes.
o Crimes against the administration of justice: prevarication, concealment, accusation and false accusations, simulation of crimes, false testimony, obstruction of justice, professional disloyalty, breach of sentence.
o Crimes against the Constitution: against State institutions, against fundamental rights and public liberties, committed by officials.
o Crimes against public order: attacks against authority, resistance and disobedience, possession, trafficking and storage of weapons.
o Other crimes: misappropriation of civil status, public functions, intrusion.
o Any other crime

Criminal Prevention Measures:

• Conducting a detection report of those areas that present some level of risk.
• Analysis of the operation of the company and proposed measures for the prevention of crimes.
• Advice for the adoption of a whistleblower channel.
• Determination of the specific functions to be developed by the Supervisory Body of the PPD according to the needs of each company.
• Support in the implementation and support of the model through continuous technical advice.
• Conducting training courses for managers and employees.
• Technical training specifically planned to complete and update the knowledge of those who act as the Supervisory Body of the PPD.
• Modifications of the PDP when, due to causes beyond the company's control or due to the company's own development, it is necessary to adapt the one used.
• Reviews and external audits of the PPD model implemented by the legal entity.