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The recent publication at the end of January of Official Memorandum 1/2016 published by the Crown Prosecution Office (Fiscalía General del Estado) will undoubtedly lead to a turning point in the praxis of criminal accusation in the area of compliance. In the said Official Memorandum the Crown Prosecution Office effectively sets out the criteria via which to interpret the new article (article 31) of the Penal Code. Therefore the time has come for criminal compliance and proceedings against the legal person (also cumulatively for any intervening legal persons) will now become the general rule. 

Although companies already know about the general lines of the public proceedings strategy in this area, how can we face the task of accumulating prior documentary evidence for the defence on behalf of companies in order to demonstrate that they have been diligent in terms of preventing and attempting to impede crimes committed within their own walls. What types of defence strategies are appropriate at a preliminary investigation stage and then later at an oral hearing?  What should compliance officers bear in mind after Official Memorandum 1/206 has made its appearance? 

Location: the Aula Magna room. Campus Barcelona
Organitation: Faculty of Law

Specialist Diploma for Compliance Officers