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Victor Mercedes

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Victor Mercedes co-heads Baker & McKenzie's Litigation & Insolvency Practice Group in Barcelona and has more than 12 years of legal experience. He is also an associate professor at University Pompeu Fabra, teaching business litigation, corporate and arbitration law in different business programs. Mr. Mercedes has authored and co-authored various publications on procedural and public law, tax and administrative law. Prior to joining the Firm, Mr. Mercedes worked in the State Advocate-General’s Office in Tarragona and later served as State Advocate in Barcelona during which time acted for over 2000 disputes before different courts (Civil, Commercial, Criminal and Administrative). He was also a member of the National Administrative Observatory for Tax Crime, Contraband and Punishable Insolvencies of the Spanish Ministry of Economy and Finance. He is ranked and recommended as a leading lawyer in dispute resolution, restructuring and insolvency and corporate crime in Best Lawyers, Chambers Europe (2012,2013,2014) and Chambers Global (2012,2013,2014) and in Legal 500.

The recent reform of the Criminal Code (‘Reform’) specifically provides for corporate criminal liability, as contained in Article 31 bis of the Criminal Code (‘CC’). It expressly establishes that corporations will be exonerated if they have implemented compliance programmes, which must meet certain requirements and include specific contents. The role…