Related Legal
Services
Pharmaceuticals &
Healthcare
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Julia Gillert
Mar De Pedraza
Related Offices
Madrid
Spain - New Regulations Governing the
Criminal Liability of Companies Under
Spanish Law
August 2010
Author/s: Julia Gillert, Mar De...
More
Related Legal
Services
Pharmaceuticals &
Healthcare
Related
Professionals
Julia Gillert
Mar De Pedraza
Related Offices
Madrid
Spain - New Regulations Governing the
Criminal Liability of Companies Under
Spanish Law
August 2010
Author/s: Julia Gillert, Mar De Pedraza
A new Criminal Code will come into force in December
2010, following the passing of Organic Law 5/2010
amending the existing Criminal Code (Organic Law
10/1995) on 23 June 2010.
The main point of interest is the new provision establishing
criminal liability for business entities.
The new wording of the Criminal Code makes companies
criminally liable for:
(i) the offences committed on their behalf or to their benefit
by the individuals within the company entrusted with
management authority; and
(ii) the unlawful acts committed by any other person subject
to such management authority in the course of company
business on behalf and to the benefit thereof, resulting
from the company not having exercised the required degree
of
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