Prevention of Criminal Offenses

Legal Department

Our experience allows us to know and understand how they work.

What is Criminal Offense Prevention?

The purpose of the Criminal Risk Prevention Program is to establish rules, procedures and tools to prevent non-compliance with legal regulations with criminal relevance applicable to the Company and its personnel, and to adapt it to the new regulatory environment.

It is worth noting at this point when the program was developed and implemented in the company.

Incorporate the management and prevention of criminal risks that may affect you according to your activity and sector, in relation to the Criminal Liability of legal entities, introduced in the Criminal Code.

Areas of application

Relations with public administrations, regulators and supervisors

Situations with potential conflicts of interest

Relationships with product suppliers or service providers and with client companies

Obligations to the Public Treasury

Processing of confidential data and information

Stock market, stock price and investor relations

Interaction with the Environment and its conservation

General control and prevention tools

Need to establish how and to whom the communication takes place.

Determine what elements that communication should contain, i.e., name, surname, truthful evidence of the infraction, etc.

Disciplinary sanctions in accordance with labor regulations.

Establish which training courses the company’s staff will need to complete in this area.

At Ingade, we help you update and coordinate compliance with the compliance program according to the company’s characteristics.

Frequently asked questions

What criminal prevention measures can a legal department in a company take?

Some criminal prevention measures that a legal department can take include implementing compliance policies and procedures, conducting regular training on relevant laws and regulations, monitoring contracts and transactions, implementing effective internal controls, and collaborating with other areas of the company to identify and address potential legal risks.

How can a Legal Department help prevent fraud and corruption in a company?

A Legal Department can help prevent fraud and corruption in a company by implementing business ethics policies, promoting a culture of transparency and accountability, conducting internal investigations to detect potential irregularities, monitoring financial transactions, and collaborating with regulatory authorities to report cases of corruption.

What role does a Legal Department play in managing internal and external conflicts in a company?

A Legal Department plays a crucial role in managing internal and external conflicts within a company by providing legal advice, negotiating dispute resolution agreements, representing the company in legal proceedings and arbitrations, and collaborating with other areas of the company to find effective and preventative solutions.

Why is it important for a Legal Department to be involved in the prevention of criminal offenses in a company?

It is important for a Legal Department to be involved in the prevention of criminal offenses in a company because it can identify and manage legal risks, protect the company’s reputation, minimize legal and financial liabilities, and ensure compliance with applicable laws and regulations.

What resources and tools can a Legal Department use to prevent criminal offenses in a company?

A Legal Department can use resources and tools such as legal risk management software, databases of laws and regulations, compliance policy templates, business ethics training courses, specialized external legal advice, and internal whistleblowing programs to prevent criminal offenses in a company.