Currently in Spain the topic of compliance is still not very renowned. At the same time, there being a lot still to do in order for the society to understand the need of such matter, it is quite urgent for Spanish companies to implement said subject and at the same time to include it into their departments.
The so called “Compliance culture” marks the economical, political and corporate identity of a country. The different attitude lies between creating and constructing evidence for the defense or simply collecting evidence of previous compliance checks. Given the fact that in the criminal side of the matter there is a higher challenge of evidence even higher than other jurisdictions, we need to reinforce the evidence either chronologically and contents-wise.
The “Compliance Officer“, which is a new category of the corporate world, mainly unknown, now reaches Spanish Companies after the approval of the Reform of the Criminal Code by the House of Parliament. Said figure represents an instrument of supervision and control oriented to prevent the commission of crimes, which, at the moment, is a specific need after Criminal Liability of companies and new discipline related to death penalty has been introduced after establishment of sanctions including company dissolution.