Corporate criminal lawt
The possibility of imposing a fine under the Administrative Offenses Act (Section 30 of the Administrative Offenses Act) can already severely impact companies. However, the current draft bill for a "Law to Strengthen Integrity in Business," which essentially introduces corporate criminal law, proposes a significant tightening of the penalties.
The introduction of the law has been postponed several times. But, as they say, dead live longer. Companies should prepare now for its possible entry into force, as the Act to Strengthen Integrity in Business will, for the first time, codify regulations on internal investigations. Furthermore, the establishment and further development of a compliance system is codified as a mitigating factor for punishment. This has also been recognized as such by case law.
Companies must prepare themselves to be prosecuted more quickly by public prosecutors in the future.
You can rely on our expertise in reviewing or establishing your own compliance system. Whether an act is prosecuted as a corporate offense will depend on the quality of the compliance system, as will as the amount of the penalty.