Companies will be liable for economic crimes

20 September, 2024
companies are liable for economic crimes
On September 1, 2024, key amendments to Law No. 20.393 on Corporate Criminal Liability came into effect in Chile, as part of Law No. 21.595 on Economic Crimes. These reforms broaden corporate obligations by making companies criminally liable for economic crimes committed in their name or for their benefit, even if no direct economic gain is obtained.

Among the most significant changes are the categorization of corporate crimes, the creation of new offenses such as “Environmental Attacks,” and the strengthening of penalties. Companies must now enhance their crime prevention models to meet the higher standards required by the new law. Sanctions could include, in extreme cases, the dissolution of the legal entity.

This new legal framework requires companies to implement effective compliance policies and strengthen their internal measures to mitigate risks, adjusting their models to current legal demands. This represents a shift in the perception of corporate liability, as it positions legal entities as active participants in the commission of crimes, imposing new requirements for their control and criminal risk management.

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