Why a crime prevention program for public corporations?
The prevention of criminal acts in companies is a legal imperative and we can mention the recent reforms of our Criminal Code and Circular 1/2016 of the State Attorney General’s Office. The prevention of crimes against public administrations and the prevention of behavior similar to any case of public or private corruption, is also a clear legal imperative. The development of our administrative law and the personification of public entities and services based on the use of various formulas based on the application of commercial law, has not always occurred in parallel with the reinforcement of the necessary controls to prevent the commission of unlawful acts.
The public compliance does not try to replace the controls that arise from the administrative and budgetary order, but reinforces those controls guiding the entire organization to a crime prevention strategy with a strict adaptation of its organization and means to the prevention of the situations of greater criminal risk that can be generated within a public entity. Public compliance is a serious example of the ethical commitment that must inspire the management of public affairs, especially when it is carried out by entities with their own legal personality, subjects of law in which the application of these prevention mechanisms are more noticeable.