The Spanish Debate on the Proof of the Organization and Management Models (Criminal Compliance Programs)

The reform of the Spanish Criminal Code operated in 2015 included the possibility that legal persons could be exempt from criminal responsibility if they had provided a criminal compliance program in accordance with the conditions and requirements set forth in articles 31 bis 2 to 5 of the Spanish Criminal Code. The main discussions about these control mechanisms have been raised at the substantive level, however, we believe that the procedural connotations presented by the compliances are, if possible, of greater importance, then, after all, the main aspect is how to be accredited in a criminal process and to whom this burden corresponds. However, this is not the only procedural aspect posed by the organization and management models, hence its role in the dismissal of the case, when adopting precautionary measures, as well as in the case of the plea bargain.

Article in Italian language. Click here to download.