Professional services on the Crime Prevention Model required by Law N°21,595, on Economic Crimes

Professional services on the Crime Prevention Model required by Law N°21,595, on Economic Crimes

BDO offers to accompany companies and other legal entities in the adoption of an appropriate crime prevention model, in accordance with the provisions of Law No. 21,595, considering that said model and its implementation is considered by law to be a condition for exempt from criminal liability.

1. Analysis and evaluation of the current prevention model of the company or organization

We identify the problems or insufficiencies that, with respect to legal requirements, the crime prevention model implemented by the organization presents, and we deliver our recommendations.

2. Design and implementation of the prevention model

We analyze the situation of the company or organization and design a crime prevention model that complies with the legal requirements, that is, that is adequate for the purposes of exempting it from criminal liability, considering the following aspects, to the extent required at its discretion. corporate purpose, line of business, size, complexity, resources and the activities carried out:

I. Identification of the activities or processes of the legal entity that involve the risk of criminal conduct.

II. Establishment of protocols and procedures to prevent and detect criminal conduct in the context of the activities referred to in the previous number, considering safe reporting channels and internal sanctions in the event of non-compliance.

III. Development of internal regulations that must be expressly incorporated into the respective employment and service provision contracts of all workers, employees and service providers of the legal entity, including its top executives.

IV. Preparation of the statute that will govern him or those responsible for the application of said protocols, in order to ensure adequate independence and provision of effective management and supervision powers and direct access to the administration of the legal entity to inform it in a timely manner of the measures and plans implemented in the fulfillment of its mission, to account for its management and require the adoption of measures necessary for its mission, as well as the duty of the legal entity to provide the person or persons responsible with the material and immaterial resources and means necessary to adequately carry out their tasks, taking into consideration the size and economic capacity of the legal entity.

V. Establishment of periodic evaluations by independent third parties and mechanisms for improvement or updating based on such evaluations.

3. Periodic evaluations of the crime prevention model as an independent third party.

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Cristian Vargas

Tax & Legal Partner
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