Criminal Compliance Program EN | Advokátní kancelář Adam Batuna Legal

Criminal Compliance Program

The CCP is designed to ensure that the conduct of the company and its employees is in compliance with legislation and ethical rules. The CCP specifies and defines rules of conduct inside the company as well as the rules of external conduct of the company.

The adoption of an effective CCP limits, to the greatest possible extent, conduct by any individual that would jeopardize the company as a whole, its credibility in the market or its future existence.

When imposing sanctions for infringements of legislation by a company, the supervisory authorities have for several years already taken into account whether the company has a thorough system of internal principles for its conduct, i.e. an effective and well-established CCP.

The goals of a properly configured CCP are, inter alia, to increase the resilience of the company and to provide the owner with assurance that they are protected from criminal sanctions. At the same time, all these measures improve communication and control and, as a result, the performance of the company itself.

Phases of CCP

INTRODUCTION

A presentation of the purpose and value of the Criminal Compliance Program. Familiarization with the legal regulation of criminal liability of a legal person, including high-risk cases of internal and external corruption.

AUDIT

Of internal company processes
Of internal company documents (employment contracts, internal regulations, employment regulations)
Of supplier and partner contracts
Of customer contracts
Of OSH processes
Of participation in public procurement
Of compliance with tax obligations
Of compliance with legislation specifically binding on the company, where failure to comply may lead to criminal liability for the company

PREPARATION

Preparation of the CCP includes, in particular:

Development of the CCP code
Modification of employment contract templates
Modification of internal regulations and employment rules
Elaboration of contract clauses, e‑mail and regular correspondence
Developing a plan for the prevention, detection, notification, investigation and resolution of incidents that may result in the criminal liability of a legal person.