Áreas de Práctica

Criminal law in the corporate setting

Criminal law in the corporate setting

The 2010 reform of the Criminal Code made it possible for legal entities to be held criminally liable for crimes committed on their behalf or for their benefit. This reform merely introduced measures that were already proliferating internationally, focusing on transparency, proactive responsibility and good governance as a defence against corruption and economic crimes.

Corporate Compliance

In addition to corporate criminal liability, the Criminal Code created the possibility for companies to be exempted from or to mitigate such liability through the implementation of compliance models. These compliance plans allow companies to detect risks before they materialize, reducing the possibility of committing criminal offenses and other types of illegal acts (tax- or labour-related, for example).

Lawyers who specialize in corporate compliance

Morales Abogados Penalistas employs lawyers who specialize in corporate compliance. Prestigious media, such as Best Lawyers, have repeatedly attested to the firm's commitment to preventive criminal law in the corporate sector. We specialize in designing channels to guide companies to transparency and good corporate governance.

Compliance programs

By analysing the risks and the company’s specific operations, our corporate compliance specialists can create awareness and early detection systems. In the event of a possible error or non-compliance situation, we implement corrective protocols that allow the company to correct its actions or, at least, minimize damages.

In addition, the Criminal Code grants important advantages if the author of the illicit act has fraudulently evaded the control systems. The corporate compliance program can exonerate the company of its criminal liability, to the extent of avoiding its dissolution.

Corporate criminal risks

Companies face risks in areas like the following, among others:

Cyber criminality and disclosure of trade secrets


Criminally relevant insolvency

Computer damages

Intellectual and industrial property, market- and consumer-related offences

Money laundering

Tax and social security offences

Urban planning offences

Environmental offences

Influence peddling and corruption

Photography: Carlos González Armesto