Law 5/2010, of 22 June, adopted for the first time a model of Corporate Criminal Liability by introducing Article 31 bis to the Criminal Code. This amendment was later complemented by Organic Law 1/2015 of 20 March.
This new legal scenario puts companies in the spotlight of the penal system, as they are subject to certain obligations in order to prevent that criminal activities take place within the business structure itself.
Thus, Compliance Programs have a dual preventative function:
a] To reduce the risk of the commission of offences within the companies as much as possible
b] To protect the Legal Entity against criminal liability in the event that criminal offences are committed by its employees.