It is the first known case on which there is an Imputation of a Legal Person as a result of the modification (in December of 2.010) of the Criminal Code in relation to the Criminal responsibility of Futbol Club Barcelona.

The current problem (or one of them) concerning the Football Club Barcelona focuses on its complaint as an entity, following the preliminary proceedings processed before the High Court for a possible offense Fiscal committed to hiring the Brazilian player 'Neymar Jr . '.

Remember that, together with the imputation for the crimes committed in their name or for their account and for their benefit by the persons with power of representation (already in force until then), the responsibility for the infractions favored was added failure to exercise proper control over their employeesBut always taking into account the circumstances of the case.

a catalog of penalties applicable to legal persons, including highlighting the fine is finalized; the suspension of its activities or closure of their establishments for a period of five years; ineligibility for subsidies and support to contract with public authorities and enjoy tax benefits and incentives or Social Security for a maximum period of fifteen years; judicial intervention for a maximum period of five years; or even dissolution.

This legal modification resulted in the need for the establishment of control mechanisms ("Codes of good practices - Plans of Prevention of Criminal Risks ") that could mitigate or mitigate, in its case, the Company's criminal behavior committed in its bosom and for its own benefit.

Nowadays a new reform of the Criminal Code is in the parliamentary process and, in relation to the subject at hand, there is the possibility of exempting Legal Persons from Liability if they have an adequate Criminal Risk Prevention Plan. This makes it even more relevant the need to have the indicated Prevention Plan in order to avoid further business responsibilities.

It does appear that the reform of the Penal Code will be approved during the first half of 2.015 with the intention that by the end of the year or early 2.016, could be effectively enforced.

In any case, this possible criminal modification (which is intended to benefit companies that have adequate Prevention Plan) would not affect the specific case to which we referred at the beginning on the assumption that the preliminary proceedings handled'd just drifting in the celebration of Judgment Oral.

In short, if before it was advisable to prevent the criminal liability of legal persons, we believe that now becomes imperative to comply with regulations.



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Daniel Vigo, dig advocats

Daniel Vigo

DiG Lawyers

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