ULDDECO published the “Quick Guide to Law No. 21.595 on Economic Crimes” for prosecutors and officials of the Public Prosecutor’s Office.
The Specialized Unit for Economic, Environmental, Cybercrime and Money Laundering Crimes (ULDDECO) of the National Prosecutor’s Office organized a working day for the study and analysis of economic crimes, which took place between October 8 and 10 in the city of Santiago.
As a result of this workshop, the “Quick Guide Law No. 21.595, on Economic Crimes” was published, aimed at prosecutors and officials of the Public Prosecutor’s Office as an understandable and concise tool to facilitate the approach to the law.
It should be noted that this guide has not only been useful for prosecutors in our country, but also for all those who make compliance their career, clarifying, no doubt, some questions that arose from the law.
The guide raises the most relevant aspects and changes brought about by the Economic Crimes Law, making a sweep of the four categories of crimes, the requirements that must be met in each of the categories, for the application of the EDL in the perpetration of the crimes provided for in each of them.
In particular, this guide highlights its pronouncement on third category crimes, which refer to criminal offenses with a qualified active subject, i.e., those that require that the person committing the crime be a public official or agent. The guide clarifies that, in these cases, the intervention as a co-perpetrator or accomplice could lead to the application of the principle of communicability to third parties who do not hold public office.
This is a controversial issue, as there are conflicting doctrinal theories on whether or not there can be communicability of these offenses, as well as case law that pronounces in both directions.
It is worth mentioning that, in Chile, although not in the field of economic crimes, the Supreme Court has applied the principle of communicability in cases of tax fraud, as seen in Rol N° 17014-2015, condemning third parties involved, as co-perpetrators of the official crime.
The guide also explains some special rules contemplated in the LDE, the penalties applicable to persons responsible for economic crimes, as well as the mitigating and aggravating factors of the law, the applicability of alternative penalties, the determination of the fine penalty and the imposition of disqualification penalties in the context of the law.
The guide is undoubtedly a must-read for all those involved in compliance, as it provides visual material that simplifies and systematizes the law, making it accessible to all.
For more information on what actions your company or corporation should take to prevent the commission of crimes within your company or corporation, we recommend you consult our Compliance Group:
Rodrigo Albagli | Partner | ralbagli@az.cl
Yoab Bitran | Director Compliance Group | ybitran@az.cl
Caterina Ravera | Senior Associate | cravera@az.cl
Florencia Fuentealba | Associate | ffuentealba@az.cl
Loreto Osorio | Associate | losorio@az.cl
Sebastián Achondo | Associate | sachondo@az.cl
Macarena Navea | Associate | mnavea@az.cl
Felipe Barrera | Associate | fbarrera@az.cl
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