La recepción de la cultura del “compliance” y del “whistleblowing” en España

Resumen

The way that the Spanish legislature regulated the criminal liability of legal persons wanted to promote a culture of regulatory compliance and preventing the commission of crimes and misdemeanors in the business field, but also the company's cooperation with state authorities when it is investigated in a criminal proceeding. To this end, the so-called ‘Compliance culture’ has focused on the legal entity –public or private– and its appropriate criminal prevention model. But it is also relevant to attend to the other subjects involved in this criminal compliance: employees and other people who collaborate with the company or with the state authorities themselves by providing essential information on the wrongdoings and their perpetrators. It is the culture of Whistleblowing, characterized by the establishment of confidential and secure reporting channels and by the articulation of special measures to protect such subjects against the retaliation that they may suffer in connection with such collaboration.