With this regime’s entry into force, companies must implement new mechanisms towards the prevention of risks of corruption and related infringements. Companies have one year to finalize the full adaptation of their compliance programs or endow their organization with all the necessary means to implement, review and control an effective system for preventing cases of corruption or face the regulatory penalty regime (with fines for companies that may reach 44,891.81 euros) that is drawing nearer.
By Order 7048/2022, of 27 May, issued by the Portuguese Tax Authorities’ General Director, it was published the new list of taxpayers whose tax situation should be followed by the Unit of Large Taxpayers ("Unidade dos Grandes Contribuintes"), and therefore are covered by the Large Taxpayers obligations as of the day of entrance in force of the referred Order (3 June 2022).
Decree-Law no. 93/2021, which transformed into national law the EU Directive 2019/1937, was published in the Official Gazette, introducing, among other matters, a set of obligations for companies and public entities regarding the protection of whistleblowers and the creation and implementation of internal channels for reporting of breaches.
What are the consequences of a settlement procedure where all the companies reach agreement with the authority conducting the investigation phase except one? Could the latter be harmed by not reaching an agreement? How does the principle of presumption of innocence apply given that the other participants in the infringement have already admitted to the facts? In this article, we identify the risks and disadvantages created by the so-called hybrid process and we will see that these can hardly be fully mitigated.