The day of the Gómez-Acebo and the risk is pogarszane Fruitcrow separates criminal code

? In response to the deep preocupaci n, which cause changes that introduces the new c. digo criminal to the functioning of commercial companies, Marsh and G mez-Acebo & Fruitcrow performed this is ana day Nuevo C digo. Risks and solutions for empresa, who accompanied m s of hundreds of people linked to the business sector.
Recent reforms to the criminal C digo entr into force on 23 December the amended text art culos 100 m s and contains innovative new types of criminal matters, of new forms of abuse, crime and urban sticos modificaci n tipificaci n environmental aspects, such as mobbing at work, and the possibility of criminal liability of convict people by carrying out its jur dicas officers, directors and employees; No s lo by its administrators.
To identify new risks and solutions, which exist from revisi n and adecuaci n in the insurance schemes that can be contracted until dise o implementaci n and ejecuci n the criminal charges Prevenci n to avoid or minimize this risk, the meeting was participaci n Francisco Pe a partner rea procedure G mez-Holly and Fruitcrow; Pedro Castro, Director of the Marsh Espa a; Fernando Claro, Manager financial risk and Marsh Espa and specialists and Carlos Saiz, Attorney and partner of rea G mez-Holly and Fruitcrow criminal.
Surplus Attorney and partner of rea criminal G mez-Acebo & Fruitcrow, Carlos Saiz, detall la accountability is achieved by double v a; First, for crimes committed by administrators or managers as business as for offences committed by all those who have their authority est n, provided that they do not perform adequate control. This responsibility is v a ltima embarrassing m s because they monitor; negligence, which may be m s dif cil Tackle or limited by compa DAS.
Partner G mez-Acebo & Fruitcrow destac, adem s, la dica person liability jur does not expire, but has not identified the perpetrator of the offence or est pr fugo Justice has passed away or functionary of the reason that makes it immune from liability. In these cases, the person is still the jur dica. Saiz afirm to criminal liability will not be smooth, the la if mounted another new company or a merger or acquisition, the penalty is from society resultante.
EFFECTS ON INSURANCE
ninguna is a criminal fine of insurance claims and of course fraud off est any cobertura advirti Fernando Claro, specialist in financial and professional and Manager, Marsh, the risk of pero working with insurance markets for possible answers to the challenges posed by this new reform C digo Penal m xima.
Unlike other pa ses in our environment in which the reform has been unchanged insurance dise o (as in, Great Bret, a, Italy and Germany) in the Espa and s be est n f rmulas test the adaptation of existing p lizas new situaci n, especially regarding the modificaci n cap tulo defence expenditure in d & p lizas O (directors and managers).
Con of the employee to dise now p liza directors and managers can include both f sicas and jur dicas, although nicamente to certain coverages. However, to make the l to make good, mite where reclamaci n touches both, one of the old town and both sides exhausted cover defence jur dica at worst explic momento Marsh Manager. Need a review of the contracted coverages and es redacci n o conditioned to avoid sorpresas.
Adem s, new c digo poses other challenges of market insurers already to tanto p lizas RC environmental Pr cticas employment or capital markets may be a conflict intereses.
Vital es companies turn to specialists to identify risks are currently cu les, mo have been clearer, and (c) damage to the econ micos qu asegurables, recomend Fernando are clear.
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