🎓 Curso Derecho Penal Económico | Universitat Abat Oliba CEU

El curso en Derecho Penal Económico de la Universitat Abat Oliba CEU es completo y práctico programa impartido por expertos operadores jurídicos.

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Specialisation course in Compliance
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Denomination

Specialisation course in Compliance

Academic Area

Law and Political Science

Length

8 months

Credits

15 ECTS

modality

On-site classes

Language

Spanish

Student profile

This course has a practical, wide-reaching focus, meaning it is not aimed solely at law graduates, but also at any professionals (graduates in Economics, Business Administration, Engineering, etc.) looking to work in-house or externally at organisations as a consultant on the field of legal compliance. The course is also aimed at recent graduates looking to receive specific training in a sector with high jobs demand and excellent prospects.

Admission and Enrolment

Enrolment application is via the website, and documentation and formalisation of admission is handled at the University.

Calendar and timetables

From October to June. Fridays afternoon from 4 p.m. to 8 p.m.

Academic calendar

Comprehensive, practical programme taught by expert legal practitioners

Why study at the UAO CEU?

1. Specialisation, differentiation and professional projection

Every time our Criminal Law is shaped as a right of ultima ratio, the need of having mechanisms in organisations that help adjust the procedures and activities of these to the applicable rules (whether internal or external) make Compliance a useful tool when it comes to avoid administrative and/or legal fines. Compliance is also necessary to create an ethic business culture, demanded by the main international organisations.

As a result of this, the course is shaped as a transversal programme, whose main objective is to supply our students of the necessary mechanisms to understand and put into practice the regulation compliance, on its wider sense, but with special attention on the "Corporate Compliance".

2. Teaching staff

Our teaching staff comprises well-known professionals with broad teaching and professional experience.

3. Course certification

The Universitat Abat Oliba CEU and Cumplen have a collaboration agreement in which the certification commission of Cumplen has participated in the development of the programme contents, thus validating them as well as the faculty.

Those who study this postgraduate course, and once they have passed it, will have the chance to get a certification of the course, issued by Cumplen.

4. Employability

The average work placement rate is 95% in the postgraduate studies of the CEU.

5. Information resources

The Library Service is conceived as a support unit for study and research. Its most important objective is to meet the educative and scientific demands. It has convenient opening hours, including weekends, with the best computer equipment. In addition, the UAO CEU offers to all the University community a vast digital storage, with free access to its publications from its docent, research or institutional activities carried out by teachers, students or former students from the University.

 

 

Study plan

  1. First block: General considerations. regulatory compliance, criminal liability of legal persons and compliance models..
    • Criminal liability of legal entities (Corporate Compliance). Comparative studies. Analysis of the reform and paradigm shift brought about by LO 5/2010.
    • Introduction to Compliance: historical origins, comparative analysis and evolution.
    • Sources of regulation:
      • Hard and soft law. Practical effectiveness of soft-law obligations. Profile and functions of the Compliance Officer. Reporting chain.
      • ISO 19600 and Management Model for the Prevention of Crime in AENOR Organisations, UNE 19601 and ISO 37001.
    • Organisational aspects. Legal risk management.
    • Good Corporate Governance Practices.
    • Introduction to the criminal liability of legal persons.
    • Influence peddling. Bribery. Corruption in business.
    • Offences against the rights of foreign citizens and offences relating to the exercise of fundamental rights and public freedoms. Organ trafficking.
    • Offences relating to intellectual and industrial property. Crimes against the market. Crimes against public health.
    • Computer damage. Disclosure of secrets. Criminal organisations and groups. Human trafficking. Prostitution, sexual exploitation and corruption of minors.
    • Crimes relating to receiving and laundering money. Illegal financing of political parties. Terrorist financing. Crimes against the Public Treasury and Social Security. Smuggling.
    • Crimes in land-use and urban planning. Crimes against natural resources and the environment Crimes relating to nuclear energy and ionising radiation. High-risk crimes caused by explosives and other agents.
    • Scams and fraud. Frustrating execution of sentences. Punishable insolvency. Falsification of means of payment.
  2. Second block: Development and evaluation of a risk management system. Criminal risk map.
    • Assessment and analysis of processes within organisations.
    • Identification of risks and controls in organisations.
    • Designing procedural and criminal risk maps.
    • The criminal risk report derived from the risk map.
    • Design and implementation of a compliance programme. From small companies and family businesses to multinationals.
    • Case studies.
    • Policies, procedures and controls. Financial resource management models for managing the compliance system.
  3. Third block: analysis of possible compliance control measures and their implementation in the company.
    • Regular review of the compliance model and annual compliance plan.
    • Complaint and internal investigation processes. Privacy guarantees.
    • Setting up disciplinary systems in the company. Compatibility with labour regulations. The Workers' Statute and collective agreements.
      • US and UK Sentencing Guidelines.
      • Foreign Corrupt Practices Act (FCPA).
      • Bribery Act (UKBA). OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions.
    • Specialties in relation to placement through the use of confidential information. Special reference to the United States. Conduct in relation to the stock market. The session on the 6th will be from 4 p.m. to 8.30 p.m. The session on the 7th will be from 9 a.m. to 11.30 a.m.
    • Forensic investigation and processing of digital evidence. Sergio Aranda, Partner in charge of PwC's Forensic Area in Catalonia, the Balearic Islands, Aragón and Andorra.
    • Case studies. Elvira Cardinal Le Monnier, Corporate Compliance Officer at Ferrer.
  4. Block four: Imputing criminal and/or civil liability and procedural considerations.
    • Liability of administrators for failure to comply with their duty to control risks in the company. Liability of administrators and bankruptcy administrators, in the event of bankruptcy, due to breaches of their duty of risk control in the company.
    • Introduction to the theory of proof. Proof in compliance management systems.
    • The imputation of criminal liability to legal persons. Procedural considerations. Role of the Public Prosecutor's Office.
    • The assignment of responsibility to the Compliance Officer and to members of the organised structures (administrative bodies, senior management, management and staff).
    • Criminal Investigation and Legal Persons.
    • Investigation of corporate crime.
    • Representation in criminal proceedings of legal persons. Singularities of the defence. Potential incompatibilities.
    • Analysis of the Jurisprudence on the criminal liability of legal persons and penalties that can be imposed on legal persons. Interpretation of article 33.7 of the Criminal Code in relation to article 66 bis.
    • Practical session.
  5. Block five: Analysis of specific compliance environments and transversal issues.
    • Model for the Prevention of Money Laundering. Taxonomy, current context and historical evolution. Position and assessment of the obligated subjects in relation to their operations. Identifying signs. Detection and analysis. Praxis vs legality. Operational traceability and cash funds.
    • Tax control framework.
    • The European Data Protection Regulation. Its impact on the Data Protection Officer and the company's compliance scheme.
    • Specificities of compliance in the gambling sector.
    • Compliance and Public Administration.
    • Compliance and Public Administration. Special reference to the Tax Authorities.
    • Conflicts of interest in the public and private sector, a potential cause of corruption.
    • Course conclusions.

Teaching staff

PROFESSORS

Academic management

Marc Molins Raich. PhD in Law. Associate Manager of Molins&Parés, Penal · Compliance. Associate Professor of the Universitat de Barcelona.

Coordination

Daniel Benítez Rodríguez. Lawyer. Tornos Abogados. Member of the Cumplen delegation in Catalonia.

Professors

  • Marc Molins Raich. PhD in Law. Partner of Molins&Parés, Penal Compliance. Associate professor at the University of Barcelona.
  • Manuel Ruíz de Lara. Judge, Commercial Court No. 11 of Madrid.
  • Maria Tornos Gispert. Partner of Tornos, Defensa & Compliance Penal, Compliance Officer of Palau de la Música Catalana.
  • Rocío Cuenca Márquez. Professor of Civil Law at ESADE.
  • Miquel Fortuny. Managing partner of Fortuny Legal. Member of the Cumplen delegation in Catalonia.
  • Jaime Cladellas. Corporate Compliance Officer at Cirsa Gaming Corporation.
  • Marta Pérez García. Tax Inspector, Head of the Tax Crimes Team of the AEAT delegation in Catalonia.
  • Louders Parramon. Anti-Fraud Office of Catalonia.
  • Anabel Casahuga Montserrat. Legal compliance at Abertis Infraestructuras, S.A.
  • Patricia García Pérez. Control compliance at Abertis Infraestructuras, S.A.
  • Óscar Serrano Zaragoza. Prosecutor for financial crimes at the Barcelona Provincial Prosecutor's Office.
  • Roberto Valverde Megías. Digital crime prosecutor with the Barcelona Provincial Prosecutor's Officea.
  • Aleksandra Czajka. Associate lawyer at Tornos Abogados.
  • Patrick O'Malley. PhD in Law. Lecturer at Università Bocconi and the United Nations System Staff College.
  • José Andrés Rozas Valdés. Professor of Financial and Tax Law at the University of Barcelona. PhD in Law.
  • Juan Cuenca Márquez. Associate Lawyer with the Commercial Area of Roca Junyent.
  • Sergio Aranda. Director of Forensic Services at PWC.
  • Pablo Bueno Gavín. Partner in Governance Risk & Compliance at PWC.
  • Pilar Baltar Fillol. Associate Lawyer at Labour Area with Roca Junyent.
  • Elvira Cardenal Le Monnier. Corporate Compliance Officer at Ferrer.
  • Xavier Abel Lluc. Judge, Court of First Instance No. 14, Barcelona.
  • Tomàs Salàs Darrocha. Judge, Criminal Court No. 22 of Barcelona.
  • M. Antònia García Solanas. Partner at Amber Legal & Business Advisors.
  • Gisela Reverter Domínguez. Lawyer, Corporate Legal Counsel at Caixabank, S.A.
  • Clara Farreny Seró. Lawyer at Tornos Abogados.
  • Ferran Gasas i Hernández. Managing partner at Jufresa&Grasas Abogados.
  • Enrique Rovira Canto. Judge, fifth section of the Provincial Court of Barcelona. Lecturer in Criminal Law at Abat Oliba CEU University. PhD in Law.
  • Laura Parés i Ravetllat. Managing Partner at Molins&Parés, Penal Compliance.
  • Daniel Benítez Rodríguez. Associate lawyer at Tornos Abogados. Lecturer in Civil Law at Abat Oliba CEU University.
  • Tinent L. Gómez. Civil Guard, UOPJ Barcelona Command.

Collaborators

Abat Oliba CEU University has a close relationship with many companies and institutions active in this sector. Our main collaborators include:

 

Prices and scholarships

TOTAL PRICE

€2,995

PAYMENT METHOD

To access the specialisation course in Compliance of the Universitat Abat Oliba CEU, candidates must pay the total import of the course before the beginning of the classes. The Universitat's Postgraduate and University Extension Service will issue an enrolment form to the prospective student so that they can pay the fee at one of the financial institutions listed on the enrolment form. The students will have 15 calendar days to make the transfer.

The Universitat Abat Oliba CEU has credit lines with different financial institutions, so that students can finance their programme under preferential terms. For more information, students can contact the Academic Management Service or enquire at any of the following financial institutions. “la Caixa”, Banco Santander, Catalunya Caixa and BBVA.

SCHOLARSHIPS

Members of Cumplen, Asociación de Profesionales de Cumplimiento Normativo, will have a discount of 15 % of the total amount.

MORE INFORMATION

Postgraduate and University Extension
Bellesguard, 30. 08022 Barcelona
Tel. +34 93 253 72 03
masters@uao.es

Quality and regulations

ADMISSION PROFILE

Students wishing to apply for the specialisation course in Compliance must have a Spanish degree or advanced course (general degree, degree or honours degree) or a foreign degree (equivalent to a Bachelor’s Degree in the Anglo-Saxon system).

 

This profile includes:

Practising lawyers, law graduates, law honours degree holders, those working in business legal consultancy, other honours degree holders or graduates interested in Legal Compliance, as well as professionals with legal responsibilities in the business environment.

OBJECTIVES

  • To understand the phenomenon of the regulation compliance on its whole.
  • To identify the obligation sources for organisations.
  • To analyse the processes and activities of organisations to supply them with the appropriate controls.
  • To know the legal responsibility imputation ways for legal entities.
  • To dominate the practical elements needed for the correct development in the Compliance practice.