VBB Lawyers advise and assist companies in the definition of their crime prevention policy and to comply with legal requirements regarding criminal responsibility, ensuring legal certainty.
Since the entry into force of the Penal Code reform in December 2010, companies can be held criminally responsible for crimes committed by their directors, managers and employees, for the benefit of the organization, if there has not been exercised proper control over them.
The catalog of sanctions that may be imposed on companies range from fines to the winding up and dissolution of the company, also including disqualification for public subsidies, tax or social security incentives, prohibition of contracting with the government, suspension of activities, closure of premises and facilities or judicial intervention.
However, if the company has implemented adequate Crime Prevention Plans, establishing effective monitoring mechanisms, can mitigate or even be exempted from criminal liability.
Design and implementation of criminal liability prevention plans for companies
- Analysis and risk assessment.
- Writing performance standards and procedures of conduct to follow in each department to avoid risky situations and establishment of control and surveillance systems.
- Creating a “Compliance Officer” department in order to ensure effective compliance of the procedures approved by the company.
- Creation of a communication channel for worker to answer questions or doubts that may arise and to report any criminal behavior.
- Advice and staff training.
- Monitoring and updating of system operation.
In VBB Lawyers also regularly we perform training activities for managers regarding corporate criminal prevention.