17. Appointment of the criminal compliance oversight and control Body in public Entities and others. Technical Notes

Legal Opinion Conclusions

The members of the OVC or compliance officers are, by organic law (penal code), persons appointed in confidence by legal persons and their administrative bodies. The term “position of trust” in the TREBEP or local regime laws should not be confused, as the position can perfectly well be a legal person. The term “shall be entrusted” established by the PC cannot be interpreted extensively as it is a criminal term, which does not allow for extensive or limiting interpretations, in accordance with this, the LCO or compliance officer will be exclusively the person in charge of the prevention model, i.e. the one who, due to his/her personal characteristics, professional, subjective value, even fame or honour, and especially because they have an immaculate personal and professional background, they are “entrusted” with the crime prevention model and its objective and subjective implementation, and are a true SOCIETARY BODY, as is the board of directors.