DISCLAIMS TO LEGAL ENTITIES OF SMALL DIMENSIONS OF THE OBLIGATION TO HAVE A BODY AND INDEPENDENT SELF BE HELD RESPONSIBLE FOR MONITORING THE EFFECTIVENESS OF INTERNAL CONTROLS OF SUCH CORPORATIONS
Organic Law 5/2010 of the 22 June, reform of the Penal Code introduced criminal liability for legal persons in our criminal system for a number of offenses expressly mentioned in the articles of the Penal Code.
However, paragraph 2 of Article 31a of the Penal Code exempts from criminal liability those legal persons “have adopted and effectively implemented, before the crime, models of organization and management including measures of surveillance and control suitable to prevent crimes of the same nature or significantly reduce the risk of commission. ” To this he adds that “performance monitoring and compliance with the prevention model implemented has been entrusted to an organ of the legal person with autonomous powers of initiative and control or has legally entrusted with the function of monitoring the effectiveness of internal controls of the legal person “.
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