Contracts), discontinuous, or remote, and senior managers are also included. Note that trade (economically dependent self-employed workers) and workers assigned by ett are not included in the calculation.before beginning to analyze the figure of the legal controller , we must mention the entry into force of organic law 5/2010 by which the penal code is reformed on december 23, 2010, which produces the abolition of that expression “ societas delinquere non potest” , by which a legal person could not incur criminal offenses.
Thus, the criminal liability of legal persons is incorporated, specifically, in its article 31 bis cp. [caption id="attachment_2092" align="aligncenter" width="581"] article 31 bis, section 1, penal code.[/caption] subsequently, there was a remodeling of such whatsapp number list responsibility, by virtue of lo 1/2015, which expressly incorporates what is related to regulatory compliance programs. Likewise, we must emphasize that the criminal liability of legal entities will be direct and independent of the natural persons in charge of it (administrators, managers, etc.).
However, if we refer to article 31 bis. 4., it is stated that: “the legal person will be exempt from liability if, before the commission of the crime, it has adopted and effectively executed an organization and management model that is adequate to prevent crimes of the nature that was committed or to significantly reduce the risk of his commission." to do this, the compliance program must meet the requirements set out in the following table: inesem business school superior course in legal controller more information along with the above, a question arises, who will be in charge of guaranteeing that this illicit prevention system is complied with? This system will be managed by the legal controller or