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Compliance Training Resources Lacking in Guatemala, Experts Say
Guatemala’s Criminal Code has been criticized for lacking specific circumstances that could modify the criminal responsibility of legal persons. In 2012, the country introduced a new law establishing criminal penalties for legal entities ranging from $10,000 to $625,000, as well as the potential cancellation of their legal personality in case of recidivism.
A More Comprehensive Approach
Experts point out that Spain’s Criminal Code provides a more comprehensive approach to corporate liability. Article 31 bis of the Spanish Code establishes requirements for legal persons to be exempted or have their criminal responsibility mitigated. This includes having an effective Compliance Program in place, which must meet specific criteria.
The Importance of Compliance Training
In Guatemala, compliance training resources are scarce and many companies lack the necessary expertise to implement a robust compliance program. However, experts argue that this is no excuse for not implementing such measures.
“A company’s failure to prevent a crime does not necessarily mean it is guilty of criminal responsibility,” said [name], an expert in corporate law. “But having a Compliance Program in place can demonstrate the company’s due diligence and efforts to prevent wrongdoing.”
Requirements for an Effective Compliance Program
Spain’s Code sets out several requirements for legal persons to establish an effective Compliance Program, including:
- Identifying risks
- Establishing protocols and procedures
- Arranging management models
- Imposing reporting obligations
- Establishing disciplinary systems
- Performing periodic verifications
Inconsistent Court Decisions
In Guatemala, the lack of clear guidelines for assessing corporate liability has led to inconsistent court decisions. Experts argue that this is because judges are left to interpret the law without clear guidance on what constitutes a Compliance Program.
The Future of Compliance Training in Guatemala
Despite these challenges, many experts believe that compliance training resources will become increasingly important in Guatemala as companies seek to demonstrate their commitment to ethical business practices and avoid criminal liability.
“Companies need to take proactive steps to prevent wrongdoing and demonstrate their due diligence,” said [name], an expert in corporate law. “A Compliance Program is essential for any company operating in Guatemala.”