You are currently viewing Derecho penal internacional para CEOs en Latinoamérica y Europa

International criminal law for CEOs in Latin America and Europe

To immerse yourself in the fascinating world of the most successful corporate leaders, you have to explore in depth the intricate legal universe that shapes the landscape of their operations.

In markets as dynamic as those in Latin America and Europe, the strategy of companies and their astute CEOs has the power to catapult a brand, product or service to the top through ingenious compliance with international criminal law.

In this article, we will explore the key concepts that CEOs, partners and entrepreneurs operating in Latin America and Europe should take into account. In order to comply with the necessary regulations that will allow them to maximize their reach and improve the reality of the company.

1- International criminal law in Latin America

In Latin America, the international criminal law regulations have undergone significant changes in recent years. Where a clear strengthening of legal frameworks has been consolidated in various countries, aimed at combating corruption and other economic crimes of transnational scope. In addition to the generation of agreements to establish criminal offenses and other types of infractions, covering a wide range of corrupt acts that might otherwise not be considered crimes under the domestic laws of the participating countries.

Therefore, CEOs operating in this context must be familiar with regional instruments such as the Inter-American Convention against Corruption (IACAC) and the United Nations Convention against Transnational Organized Crime, known as the Palermo Convention. They must also be familiar with local and foreign laws and mechanisms that allow companies to operate and export their products and services globally.

2- Challenges specific to criminal law in Latin America

One of the great challenges of international criminal law in Latin America is to promote mediation as an alternative and effective method of resolving commercial disputes. Especially in contexts historically known as fertile grounds for corrupt practices and money laundering at the corporate level.

This is why international criminal law for CEOs must be aware of the local challenges and the need to implement rigorous internal controls. In order that the company does not suffer the risks inherent to the operational and commercial malpractices of the members of the organization. In addition, to cooperate with local and international authorities to successfully deal with economic crimes.

3- International criminal law in Europe

In Europe, the diversity of legal systems presents unique challenges for CEOs of small, medium and large companies. Because the European Union has promoted harmonization of rules, but there are still substantial differences between jurisdictions. And the European Commission, in its efforts to promote context-specific regulations, has succeeded in harmonizing definitions and establishing clear mechanisms for setting compliance policies.

On the other hand, the United Nations Convention against Corruption is another key instrument in the region. Therefore, CEOs, partners and other business people should take it into account as part of the variations to establish compliance policies in an organization.

4- Criminal liability in Europe and Latin America

In Europe and Latin America, individual criminal liability is a fundamental principle. And given the organizational structure and the variety of criminal acts, a diversity of levels of co-responsibility may arise between CEOs, managers and employees of the same organization.

Therefore, legal frameworks are already designed to impose personal legal consequences if participation in this type of corporate criminal practices is proven. In addition to adopting transparent internal policies, with continuous training and the promotion of an ethical culture as essential tools to mitigate these risks.

In Latin America, where corruption has persisted as a constant challenge, CEOs must implement specific measures, such as due diligence in business relationships and the establishment of internal whistleblowing systems, to counter this threat. In Europe, on the other hand, corporate criminal risks focus on data management and privacy protection, especially with the entry into force of the General Data Protection Regulation (GDPR).

5- Transnational cooperation and extradition

Transnational cooperation is also a key concept for dealing with crimes that transcend borders in international criminal law. CEOs must understand the mechanisms of extradition and legal cooperation between countries on both continents, in case the company is involved with an individual convicted in another country.

In such cases, transparency and active collaboration with the authorities are crucial to effectively address international investigations.

In conclusion, entrepreneurs and managers operating in Latin America and Europe should be aware of the complexities of international criminal law for CEOs. Because the implementation of compliance policies adapted to local realities, the understanding of regional regulations and the promotion of an ethical culture are fundamental to business success.

So those who want to navigate the legal waters of Latin America and Europe require a strategic approach and the ability to adapt to the particularities of each jurisdiction. Being able to comply with international laws and safeguard the integrity of their organizations, to achieve all the goals they set out to achieve.

So if you want more information or need advice on this and other topics related to international criminal law. Please do not hesitate to contact us through our contact page. In addition, we share with you our social networks so that you can keep updated on the legal topics that are in trend: Instagram, Facebook, Twitter y Linkedin.