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7 Mar 2016

Maria Masso, Global Compliance News (Europe)

Spain: Supreme Court rules corporations can be held criminally liable

"The Spanish Supreme Court Confirms Corporate Criminal Liability", 07 Mar 2016

In its recent Sentence 154/2016,...the Spanish Supreme Court ruled, for the first time, that companies can incur criminal liability. The Supreme Court confirmed the sentences...in which three companies were convicted for their involvement in crimes against public health. The Supreme Court also explained the requirements that must be met to rule that corporate liability exists, according to...the Spanish Criminal Code: Firstly, to rule that corporate criminal liability exists, there must be sufficient proof and verification that a crime was committed by an individual that forms part of the company concerned. Secondly, the company must have breached its duty to establish a set of measures to monitor and supervise its people in order to prevent such crimes from being committed....