Although internal investigations should be part of the ‘compliance’ protocol, they can also be the first step in the company’s procedural strategy in the event of the commission of an offense involving corporate criminal liability. In either case, internal investigations help companies anticipate the discovery of bad practices that may be criminal. Click here for corporate investigations.
There are several kinds of internal investigations
Proactive type Are those investigations, usually less invasive, than as an audit of compliance programs are performed to test the level of compliance.
The reactive are those investigations that are carried out under suspicion, usually from the channels of complaints that serious infringements are occurring that could put the company at risk of crime. Visit this site for intellectual property investigation.
The investigations prior to the start of the judicial investigation. In these cases, the company takes the initiative and conducts the investigation without there being an ongoing procedure.
The parallel investigations are those carried out by the company in the course of a judicial investigation. They can be carried out in collaboration with the Office of the Prosecutor in order to facilitate the investigation work regarding the identification of those responsible for the crime and thus obtain the mitigation of the corporate penalty.
What can the company do and not do?
The investigation in itself supposes, as it has been said, the confrontation with fundamental rights of the investigated employees. The researcher should carry out their work trying to respect the law, especially in those more sensitive elements.
The company, in the internal investigation, may intervene the media of information and communication of the worker as long as they are owned by the company and have established protocols of uses of technology of the company in which it has been made clear that the worker lacks an expectation of privacy in its use. If the worker has been warned that the use of computers or smartphone of the company cannot be used for personal use, the intervention will not violate the right to privacy. However, it is recommended that the intervention of these devices be carried out under criteria of proportionality, of less possible intervention and rationality.