La efectividad de los criminal compliance programs como objeto de prueba en el proceso penal

Abstract

In some countries belonging to the civil law tradition, such as Spain, Italy and Chile, corporate criminal liability has been regulated recently. As a consequence, certain self-regulation obligations emerge. Corporations are strongly encouraged to implement programs of prevention and detection of crimes to avoid being criminally responsible for crimes committed by their agents. In the light of this new legal scenario, this article in its first part analyzes the elements that criminal compliance programs should contain to be considered effective, in such a way that its effective implementation within the organization allows the corporation be exempted from liability. Secondly, the analysis will focus on the key issue of how to prove the effectiveness of such programs at a trial, that is, what means of evidence are suitable for this purpose, who has the burden of proving the validity and effectiveness of such programs and who must suffer the consequences of the lack or insufficiency of evidence.