Criminal Law and Criminal Compliance
The expansión of Criminal Law and it´s tranversality across all economic sectors, coupled with the recent introduction of an autonomous criminal responsability system of the legal person, have led to a shift in the form of attribution of criminal liability for the companies, in which not only the perpetration conduct of managers is repressed, but basically the remiss conduct thereof. Thus, the failure to prevent crimes within the legal person by their governing bodies and/or surveillance, has become the new basis for the punishment of companies.
Likewise, the directors of a corporation, in addition to managing financial an operational risks, shall manage and seek to prevent criminal risks of their businesses, implementing effective structures and criminal compliance programs, not only because it is an ethical imperative and an esencial requirement of good governance, but a concrete legal necessity whose purpose is threefold:
- – Avoid the risk of committing crimes and related costs;
- – Avoid the risk of prosecution and criminal conviction of managers; and
- – Avoid the risk of sanctions on the company in a criminal court.
Aware of this need, Lazo & De Romaña Abogados has a highly specialized team with over twenty years of experience in professional practice and teaching of Corporate Criminal Law in our country. We offer a new multidisciplinary aproach and standard of criminal advisory service oriented to corporations, in which –ex ante- an interdisciplinary legal advice, with high added value for the implementation of programs and crime prevention is provided, and –ex post- a solid, serious and very effective pre-procedural advice and corporate defense in all phases of criminal proceedings.