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CRIMINAL COMPLIANCE

Criminal Compliance is a fundamental tool to create a business culture contrary to criminal business conduct, and exempt companies from criminal liability.

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Criminal Compliance: Crime Prevention Model

The Crime Prevention Model, also known as Criminal Compliance, is a fundamental tool to create a business culture contrary to business criminal conduct. Likewise, the implementation of an MPD may exempt companies from criminal liability.

In this practical area, the services offered will be the following:

1. COMPLIANCE DIAGNOSIS: DIAGNOSTIC REPORT AND SUGGESTIONS REPORT

Preparation of a Diagnostic Report (ID) preparing a risk map to determine the risk inherent in the company’s activity, as well as to determine the weak points to prevent criminal risks in the entity. Preparation of a Suggestions Report (SI) to determine the necessary risk mitigation mechanisms and obtain the residual risk assumed by our client.

2. Implementation of the Action Plan: Code of Conduct and Procedures

Implementation of the Action Plan established in the Suggestions Report, through the development of the entity’s Code of Conduct and Compliance Policy, made up of Policies and Protocols with transversal and specific objectives, in order to reduce criminal risks to our client’s company.

3. Specific business training plan

Certification of the training program for the management team and employees of the company in the area of Business Crime Prevention. Methodology based on theoretical-practical training and qualification system through knowledge certification exam.

4. Management of the Whistleblower Channel

External management of the ethics channel or complaints channel implemented by the MPD to the company (whistle-blowing). The management of the complaints channel will include the preparation of reports of complaints received through the channel and communication to the company, as well as an annual report on the status of the company’s complaints.

5. Advice to the Internal Control Body (OCI)

Consultancy and permanent advice to the Internal Control Body (OCI) of the company. The advice includes regular follow-up meetings with the OCI, calls and meeting minutes, and personalized advice.

6. Annual program review

Preparation of an annual Review Report regarding the entity’s situation, regarding its models and crime prevention mechanisms of the MPD program at the time of the review.

Why should you choose CP Legal Consulting as a compliance officer?

CP LEGAL is the reference Corporate Compliance boutique in the Principality of Andorra.

We are a professional law firm specialized in Criminal Compliance, AML Compliance and IT Compliance.

With extensive experience and professional experience in the Principality and neighboring countries, we provide high-quality comprehensive advice.

Expert team

Our team is specialized in criminal compliance

+5 years of experience

We have more than five years of experience in the sector in Andorra and neighboring countries

Andorra and Spain

We offer our services both in Andorra and in Spain

Some things you should know about Criminal Compliance

A plan of Compliance o Crime Prevention Model (MPD) is a mechanism that companies use to avoid future criminal liability derived from the commission of a crime within their organization by people directly related to the company.

Thus, an MPD is made up of a set of internal rules, procedures, policies and, ultimately, measures, controls and evaluations that are established in the company in order to implement a Prevention Organization Plan to avoid sanctions for legal breaches, or mitigate the risk of illicit futures to the extent possible.

The main objective is the creation of a “firewall” that exempts the legal person from liability for crimes committed by managers, employees, or any other person under the direction of the organization.

Any legal person, large, medium or small , whether public or private, can and should implement a Plan of Compliance for to protect your company and make it competitive.

There are two main reasons why your company needs a Plan of Compliance :

  • The first is the one that we have already discussed before and that, generally at first, is the one that leads any organization to be interested in this service. The MPD intends to avoid future sanctions or penalties against the organization.
  • In a second stage, companies are interested in these Plans since they seek to establish a true culture of compliance in the organization. This ethical and compliance culture brings added value to the company, not only by avoiding being subject to legal proceedings, but also by offering transparency and settlement in the corporate ethical field to clients and collaborating companies.

Although the criminal responsibility of the legal person does not yet affect Andorran legislation, all those companies that work with neighboring countries (Spain or France) may require these prevention models or Compliance .

Most of the Spanish and French companies require these Plans of Compliance to its collaborators, suppliers or companies related to them.

In addition, having a Plan of Compliance will always add value to your company not only by avoiding being subject to legal proceedings, but also by offering added transparency and deepening in the ethical field.