Close this search box.
Close this search box.

El Compliance Penal en el ámbito de los hidrocarburos

Tabla de contenidos

Criminal Compliance in the field of hydrocarbons

We must begin by explaining what Criminal Compliance is and then circumscribe it in the field of hydrocarbons and, finally, highlight the importance of the Compliance Officer (without whom Criminal Compliance is ineffective).

Origin of Criminal Compliance

Criminal compliance (or crime prevention manual in the business environment) is a relatively recent measure, since it was born in the United States in the 1980s as a result of the Watergate scandal that occurred in that country.

We could say that Watergate was the starting point, the event that led to the subsequent appearance of Criminal Compliance until 1985, when the Committee of Sponsoring Organizations of the Treadway Commission (COSO) was born, whose objective was to be a reference as a forum for professionals to develop frameworks and provide guidance on corporate governance, internal control and fraud deterrence, whose committee members are representatives of the industry, public accounting and the New York Stock Exchange.

Little by little this American practice has spread to the most developed countries in our environment.

What then is Criminal Compliance?

It is a manual that contains the set of preventive tools that tend to avoid any criminal offense (fundamentally, money laundering, tax evasion, fraud, influence peddling, punishable insolvency, misappropriation, crimes against data security, social security, intellectual property, public finances, etc. and any other crime) and avoid possible sanctions.

What consequences can it have for a company not having a Criminal Compliance?

The company  that does not have a Criminal Compliance will be criminally liable in the event of a crime within the company and may face the following penalties:

  • High fines.
  • Loss of tax incentives.
  • Loss of subsidies and other Social Security benefits.
  • Closure of premises or establishments.
  • Suspension of activities.
  • Dissolution of the legal entity

The hydrocarbon sector is a sector characterized today by a high criminal risk, especially in tax matters (crimes against the Public Treasury) which, together with the idiosyncrasy of the sector itself, makes it more than advisable to have a good Criminal Compliance that exonerates the company from any liability and avoids the imposition of the aforementioned penalties.

JLCASAJUANA ABOGADOS is the only law firm that prepares its Criminal Compliance adhering to the hydrocarbons sector and protecting your company from any criminal liability for your company and avoiding possible sanctions in case of lack of a good Criminal Compliance.

We cannot finish without referring to the figure of the COMPLIANCE OFFICER, i.e. the person responsible for recurrently evaluating that the processes of control and execution of the Criminal Compliance are carried out and complied with.

If this is not the case, Criminal Compliance is ineffective.

This Compliance Officer can be an internal person of the company or, as many companies do, this service can be outsourced to a lawyer or lawyers who are in charge of monitoring the execution of the Criminal Compliance.

You may be interested in: “Department specializing in excise duties on hydrocarbons

Leave a Comment

Artículos relacionados

Get information without obligation


    Under the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data, CASAJUANA ASESORES S.L.P informs you that your personal data included in this form, will be included in a file created under our responsibility, in order to communicate with you to carry out the maintenance and control of the business relationship that binds us and may be transferred to third parties to manage the business relationship.
    According to Regulation (EU) 2016/679 of 27 April 2016, you may exercise your rights of access, rectification, opposition and deletion by writing to CASAJUANA ASESORES S.L.P at Calle de Diego de León, 47, 28006, Madrid or email


    Scroll to Top
    Abrir chat
    Scan the code
    ¿En qué podemos ayudarte?