Cross-party Bench Presents Bill to Extend Sanctions and Penalties for Crimes of Collusion
Chile
17 enero 2020

On 14 January, a group of opposition deputies and the president of the ruling party Renovación Nacional, Mario Desbordes, presented a bill extending the catalogue of sanctions and penalties applied to economic crimes committed by companies or legal entities. The bill is expected to move forward in the Chamber of Deputies after the parliamentary recess in February. 

The aim of the initiative is to broaden the scope of offences serving as a basis for charging companies, thus incorporating the rule used in comparative law regarding the appointment of a judicial auditor and adding a new aggravating circumstance when the organization is merely an instrument for criminal purposes.

In addition to detailing penalties and fines, the text proposes creating the figure of a judicial auditor to intervene in the organizations charged for a maximum term of five years. The intervention may concern the entire organization or be limited to some of its facilities, sections or business units. The intervention will apply in cases of crimes resulting in serious social and economic damage and may either affect the entire entity involved or be limited to certain facilities, sections or business units.

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