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The importance of compliance with regard to the reform of the Spanish Penal Code

The reform of the Spanish Penal Code has accentuated the importance of compliance. It is clearly stated in Article 31(a) of the Penal Code that all companies are required to establish or strengthen programs that focus on compliance to criminal rules, emphasizing the criminal liability consequences that breaking these rules entail.

Definition and Concept of Compliance

With the reform of the Spanish Penal Code, a company is liable for offenses committed by itself or by its employees acting on its behalf, if it cannot demonstrate that it has put in place the necessary means to prevent such criminal behaviour.