Complaints to the Public Prosecutor’s Office in the Draft Law on Whistleblowing: incompatibility with the Spanish criminal procedure system
On September 23, the draft law regulating the protection of people who report violations of regulations and the fight against corruption was published in the Official Gazette of the Cortes Generales. It was created with the purpose of incorporating into our internal legal system the content of Directive (EU) 2019/1937 of the European Parliament and of the Council, of October 23, 2019, regarding the protection of people who report violations of the right of the Union. Its main objective is to protect those who report certain violations through reporting channels, here called “internal information systems” (information system). One of the peculiarities of the bill is that its article 9. 2 j) includes the duty of legal entities that have Information Systems to forward to the Public Prosecutor the communications received about events that may have indications of criminality as soon as they receive notice of them. In addition, the breach of said duty finds a place within the same bill as a minor infraction, whose sanction can reach up to one hundred thousand euros.
Published in Cinco Días
