Further Internal Control In Spanish Businesses

The Spanish criminal law reform introduced by Law 5/1010, dated June 22, 2010 and in force since December 23, 2010, introduces important changes in Spain's business environment. For the first time, Spanish law has gone beyond the principle of societas delinquere non potest to recognize criminal liability for legal entities.

The introduction of criminal liability for legal persons has been influenced by international law. However, because of the way it has been set up, the reform breaks with the basic principles of Spanish criminal law, leading to serious difficulties in its interpretation of the rights of legal entities, a matter the courts will ultimately have to resolve.

Criminal liability of legal entities is applicable only with respect to certain offenses specifically identified in the Spanish Criminal Code such as fraud; bankruptcy involving criminal negligence; offenses against intellectual and industrial property rights, the market, and consumers; money