Post by account_disabled on Jan 18, 2024 3:16:44 GMT -6
Finally, in addition to the issues we have pointed out, the lack of development of this duty raises many doubts and practical problems when it comes to its application. For example, what information should be sent to the Public Prosecutor's Office immediately? On the one hand, it could be understood from a grammatical interpretation of the provision that the person responsible for the system is only obliged to forward the information received, understood as the complaint, provided that it includes facts that could be considered criminally relevant [4].
On the other hand, it could be interpreted that the legislator refers to information in a broad sense and includes all the internal documentation of the company that is related to the complaint and its investigation, even if it is preliminary. In relation to this interpretation, Section 4 of the National Court declared in its Order 391/2021, of July 1, that “the internal documents from the “complaints channel” would be pro Whatsapp Number List tected by that [the right not to incriminate oneself]. » of the companies in which the reported facts and the results of the internal investigations that the entity has voluntarily carried out are recorded, as well as any statements either from the entity or its legal representatives, admitting the existence of irregularities or illegalities in its corporate performance.”
Thus, the lack of development of Law 2/2023 in general, and of the duty inc luded in article 9.2 j) of the same law generates many doubts and will raise in practice various problems that the different legal operators will have to overcome. at the same time that they are concretized in view of the interpretations made by the competent authorities, jurisprudence and possible circulars from the State Attorney General's Office.
On the other hand, it could be interpreted that the legislator refers to information in a broad sense and includes all the internal documentation of the company that is related to the complaint and its investigation, even if it is preliminary. In relation to this interpretation, Section 4 of the National Court declared in its Order 391/2021, of July 1, that “the internal documents from the “complaints channel” would be pro Whatsapp Number List tected by that [the right not to incriminate oneself]. » of the companies in which the reported facts and the results of the internal investigations that the entity has voluntarily carried out are recorded, as well as any statements either from the entity or its legal representatives, admitting the existence of irregularities or illegalities in its corporate performance.”
Thus, the lack of development of Law 2/2023 in general, and of the duty inc luded in article 9.2 j) of the same law generates many doubts and will raise in practice various problems that the different legal operators will have to overcome. at the same time that they are concretized in view of the interpretations made by the competent authorities, jurisprudence and possible circulars from the State Attorney General's Office.