Internal Investigations

Internal investigations are a very important tool in the new era of compliance, especially since the entry into force of Law 2/2023, of 20 February, on the protection of informants, which regulates the implementation of internal whistleblowing channels in public and private organisations. Internal investigations are aimed at clarifying the facts on the part of the organisation itself, in order to provide it with elements on the basis of which to structure any corporate criminal defence strategy, or to detect irregularities committed and adopt corrective measures.

They can lead to the appreciation of a collaborative mitigating factor in a possible criminal liability of the legal entity, which is recognised by the Criminal Code in Article 31c and is considered by the State Attorney General’s Office in its Circular 1/2016, of 22 January, on the evaluation of the effectiveness of models for preventing the commission of criminal offences. Reference is also made to internal investigations, among other standards, in ISO 19600 on Compliance Management Systems (ISO 37301), UNE-ISO 19601:2017 on Criminal Compliance Management Systems and ISO 37001 on Anti-suborn Management Systems.

The essential function of internal investigations is none other than to establish the factual reality of the facts under investigation, enabling better and more informed decision-making by the organisation itself. However, what may seem relatively simple at first glance, has complex legal issues, ranging from data protection to confidentiality and prescription, among many others, which require an expert approach.

At Fortuny Legal, we manage and carry out internal investigation processes in any organisation, whether public or private. We develop the protocols of action and carry out the investigation process, placing special emphasis on respect for the fundamental rights involved, the legal collection of evidence, the chain of custody and the use of forensic technology. All this from the independence and objectivity conferred by the profession of lawyers, and within the framework of pre-procedural assessment of the legal person and its incidence in the field of professional secrecy.