The new UNE 19601 aims to establish the requirements and provide guidelines for adopting, implementing, maintaining and continuously improving what are called models or plans of criminal prevention, models of crime prevention or Criminal Compliance models. In this way, the UNE 19601 comes to be constituted as a complementary regulation of article 31 bis of the Criminal Code, which develops the correct constitution of Criminal Compliance models, as an extinguishing measure of criminal responsibility, supplying the indeterminacy of the Spanish legislator in this regard. The Standard establishes a frame of reference for the definition of Criminal Compliance Management Systems that comply with the requirements of the Spanish Penal Code and its evaluation by a technically competent third party with the capacity to act with independence and impartiality.
UNE 19601 Certification of Penal Compilance Management Systems
What is UNE 19601?
Objective of the UNE 19601 Certification
After the legislative reform of 2015, the new article 31 bis of the Criminal Code establishes the criminal liability of legal persons. In this context, for the exemption of liability and thus avoid reputational damage, the imposition of important fines and penalties, business losses due to non-enforceable contracts or the exclusion of public tenders or subsidies, among others, the Criminal Code requires the adoption and execution of an effective model of organization and management that contains measures of prevention and control suitable to prevent the crime in question or to significantly reduce the risk of its commission.
The certifications in accordance with the UNE 19601 standard on the suitability of the crime prevention model may constitute an exemption from the company’s criminal liability, as deduced from the Circular 1/2016 of the Prosecutor’s Office on the Criminal Liability of Legal Entities.
The CERNE brand of Criminal Compliance is a public recognition of the commitment of an organization with the improvement of information management.
Once the Audit process has been completed, the system implemented meets the requirements of the UNE 19601 standard, so that your organization obtains:
– The CERNE Certificate of Criminal Compliance.
– The license to use CERNE’s Criminal Compliance brand.
Who can apply UNE 19601?
It is applicable to any organization (private, public, governmental or non-profit) regardless of its type, size or service rendered, that has an interest in managing their criminal responsibilities safely.
Benefits of UNE 19601
The criminal compliance certification of your organization will provide you with the following benefits:
- Deployment of a system that facilitates the detection of malpractice by employees (Executives and / or Non-Directors).
- Possibility of mitigation or exoneration of legal and criminal liability of legal persons in the performance of their business activity, by demonstrating that the organization has provided the means of prevention and control in the field of compliance.
- Improvement of the reputation and image of the organization.
- Deploy an effective system to detect the multiple regulations to which the organization and its activities may be subject.
- Have an effective tool to measure the risks derived from the lack of compliance.
- Possibility of integrating with other management systems of social responsibility, transparency and good governance (such as specific anti-bribery management systems).
- Help your organization to implement or improve controls to combat criminal risk and detection.
- Stakeholder confidence in demonstrating compliance with UNE19601, its stakeholders can trust that their organization has applied good practice controls against criminal offenses and has taken reasonable measures to prevent it.
- The culture of crime prevention generates a stable business that supports business ups and downs throughout the years. In short, it creates a competitive advantage over other companies or institutions that lack these values.