To know the importance of having a compliance in criminal tax matters, it is necessary to know what we are talking about when we refer to it.
THE IMPORTANCE OF A COMPLIANCE IN CRIMINAL – FISCAL MATTERS, FOLLOW THESE 4 TIPS
Before starting, it is necessary to specify that compliance according to the World Compliance Association is considered as a set of procedures and good practices that organizations adopt in order to identify and classify the operational and legal risks they face and establish internal mechanisms for prevention, management, control and reaction against them.
How can implementing a tax criminal compliance help me in my company?
Currently, being organized under a compliance model prevents the company in general, that is, both managers and workers, from being constantly exposed to all kinds of responsibilities, including the negative effects that it could cause to reputation.
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The reduction of business risks can be given, as well as the appropriate measures to face the eventuality of a problem in the practices, also mitigate a probable criminal responsibility or even be excluded from the crime.
It can mitigate the responsibility, since at the time of being required before a probable imputation, the legal entity must prove that its compliance program, if it exists, is based on a preliminary diagnosis, that the staff knows the program and this is supervised by a responsible officer.
For a compliance program to be successful at the scale of a criminal court trial, it must comply with 5 phases:
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1.- Elaboration of an institutional diagnosis that includes the detection and elimination of risks.
2.- Design of minimum rules and self-regulation.
3.- Training and periodic evaluation of the company’s personnel.
Implementation of an internal and external complaints system.
4.- Apply a supervision and sanction system led by a compliance officer.
“Article 421: Legal persons will be criminally responsible for the crimes committed in their name, by their
account, for their benefit or through the means they provide, when it has been determined
that there was also a failure to observe due control in its organization. The above regardless
of the criminal responsibility that their representatives or administrators may incur in fact or
right”
Under this analysis, the lack of fraud could be accredited by having implemented a true compliance program for your company, since in terms of tax crimes there is no guilt, that is, recklessness for the commission of the crime.
The Mexican criminal process explained in English
