'Compliance program to analyze risks to prevent irregularities occurring in the company and, if they occur, are discovered, investigated and sanctioned, thus exempting the diligent organization.'
We referred to the general aspects of the new legal system of criminal liability of companies, which does not establish a specific regulation on the content of the compliance program or criminal audit. The model chosen by the Spanish legislator has been largely inspired by American law, which has been established in several European countries and it is customary for Spanish official and doctrinal reports, such as those issued by the Attorney General and the General Council of the State. Judicial Branch, are exclusively based on standards of compliance such as the United States Sentencing Guidelines, a country to which we must refer to self-regulation codes, also called "compliance program", a term that in Spain we understand will come to be called "Criminal audit".
The absence of such a criminal audit by the company is the first breach of the duty of control required by the legislator in the new article 31 bis of the penal code, given that there will not be due control in business. Such an effective compliance program has a principal, but not a single, function: to exempt or reduce the criminal liability of the legal person in the event of a possible trial.