The concept of Compliance was recently introduced in the Mexican legal system, in 2014 thanks to the reform of the National Code of Criminal Procedures, it became a regulatory trend for Mexican companies in order to prevent and deal with internal conflicts.
Nowadays Companies in Mexico are introducing legal- criminal compliance due to the increasing risk they face in the industry as part of their daily based activities. They ́ve opted to adopt anti-corruption management systems based on international standards, which translates into criminal compliance.
The effectiveness of criminal compliance is undisputable, the purpose is to prevent and detect possible criminal offenses within the company. With that companies’risks are declining by implementing these procedures and practices.
As a reference of the social and security relevance compliance holds, a recent study made by a consulting firm, has estimated that in the last three years, 86% of Mexican companies were victims of fraud and only the 63% took legal action against the responsible, this lack of motivation resides on the doubt people have on regards of the success of Mexican authorities in the criminal investigation and judicial system, more specifically at the impartation of justice by the state. The way these conducts occur may change but it is very common that they happen among members of the same organization and/or with third parties. It can also happen between agents of the private sector and in the public sector.
The consequences of not having an appropriate criminal compliance as a company, can be extremely serious, some of them could be fines, economic sanctions, disqualification from engaging in commercial activities and even imprisonment.
It is for this reason that it is necessary for companies to carry out crime prevention programs, train employees, create internal policies of conduct, and establish internal complaint channels, in addition to collaborating with the authorities in the event that a crime is detected, carry out a quick and effective investigation and pursue sanction if necessary.
For more information on Criminal Compliance, contact the experts in this area:
Eliser García Macdonel
egarcia@muclaw.mx
Aldo Julián Rubio
arubio@muclaw.mx