CRIMINAL RISKS

The implementation of a crime prevention plan at ITV Ice Makers should be seen as a clear opportunity. On one hand, it allows us to thoroughly analyze the behavior and functioning of the organization, process by process, activity by activity, in order to identify weaknesses and emphasize them. It also helps us assess whether what is being done and how it is being done is correct or not, that is, if we are doing things properly. In short, it’s about having a clear conscience and knowing that we are advancing the organization’s mission, vision, and values correctly, without exposing it to risks.

The purpose of this CRIME PREVENTION PLAN is primarily to fulfill the legal obligations in the criminal field, which integrates the ETHICAL CHANNEL, THE ETHICAL CODE OF ITV ICE MAKERS SL, as well as its DISCIPLINARY SYSTEM, COMPLAINT CHANNEL, CRIME PREVENTION PLAN, and ORGANIZATIONAL MEDIATION PLAN IN THE COMPANY, in order to provide an adequate framework for the CORPORATE SOCIAL RESPONSIBILITY adopted in our ITV ICE MAKERS SL.

All illegal behaviors are expressly prohibited at ITV ICE MAKERS SL, with Compliance with the Law Principle being the first among the principles contained in ITV ICE MAKERS SL’s Ethics and Conduct.

In developing this principle, particular emphasis must be placed on the prohibition, monitoring, and control of behaviors that may constitute offenses.

There are two possible general cases in which ITV ICE MAKERS may be subject to criminal liability:

1. Offenses committed on behalf of the company by de facto or de jure administrators or by legal representatives.

2. Offenses committed by employees, collaborators, and managers, professionals, or their collaborators subject to the control/authority of the administrators or legal representatives, for failure to fulfill their duties of supervision, oversight, and control of their activity.

However, criminal activity is always characterized by being committed for the direct or indirect benefit of the legal entity.

A legal entity may be held criminally liable only for offenses expressly provided for by the provisions of Book II of the Penal Code.

There is a closed catalog of offenses for which the liability of legal persons is provided, which are as follows:

• Crime of illegal trafficking and transplant of human organs (Art. 156 bis).
• Crime of human trafficking (Art. 177 bis).
• Crimes of prostitution and corruption of minors (Arts. 187-189).
• Crime of discovery and disclosure of secrets (Art. 197).
• Fraud offenses (Arts. 248-151).
• Punishable insolvency offenses (Arts. 257-261).
• Computer crimes (Art. 264).
• Crimes related to intellectual and industrial property, market, and consumers (Arts. 270-28).
• Money laundering offenses (Art. 302)
• Crimes against the treasury and social security (Arts. 305-310).
• Crimes against workers’ rights (Arts. 311-318).
• Offenses of illicit trafficking or clandestine immigration of persons (Art. 318 bis).
• Crimes against territorial and urban planning (Art. 319).
• Crimes against natural resources and the environment (Art. 325).
• Crime of creating deposits and toxic dumps (Art. 328).
• Offenses related to ionizing radiation (Art. 343).
• Crime of destruction (Art. 348).
• Drug trafficking offense (Arts. 368 and 369).
• Counterfeiting of credit and debit cards offense (Art. 399 bis).
• Corruption offense (Arts. 419-427).
• Influence trafficking offense (Arts. 428-430).
• Corruption in international commercial transactions (Art. 445).
• Crime of fundraising for terrorism (Art. 576 bis).

And it is from this catalog of offenses that we will select those that apply to ITV Ice Makers.