CHILE Law and Practice Contributed by: Jorge Bofill and César Ramos, Bofill Escobar Silva Abogados
Bofill Escobar Silva Abogados 3472 Avenue Apoquindo Piso 19 Las Condes Santiago Chile Tel: +562 2483 9000 Email: estudio@besabogados.cl Web: www.besabogados.cl
1. Legal Framework 1.1 International Conventions
In addition, Law No 20,393, on the Criminal Lia - bility of Legal Entities, is applicable to a specific group of offences including, among many oth - ers, the crimes of bribery, unlawful negotiation and commercial bribery. It is also worth mentioning that the Law No 21,595 on Economic Crimes, includes commer - cial bribery within the first category of economic crimes, which under all circumstances will be considered economic crimes. Under the third category of economic crimes, this law contem - plates crimes committed by public officials, such as bribery, when a member within a company has also intervened or a benefit has been report - ed for the company. The fact that these crimes are considered economic crimes is extremely relevant, as it entails the application of the spe - cial regime contemplated by this legislation. Finally, the recently enacted Law No 21,694 seriously modified collaboration and whistle- blowing, through the regulation of co-operation agreements between the defendant and the prosecution. 1.3 Guidelines for the Interpretation and Enforcement of National Legislation There are no general guidelines for the interpre - tation and enforcement of national legislation
Chile has signed several anti-bribery and anti- corruption international conventions. Most rel - evant are the Inter-American Convention Against Corruption of the Organization of American States (OAS); the OECD Convention on Com - bating Bribery of Foreign Public Officials in Inter - national Business Transactions; and the United Nations Convention Against Corruption. 1.2 National Legislation The main legislation against corruption and bribery in Chile is set forth in the Código Penal (Criminal Code), Law No 18,575 on Public Administration, and Law No 18,834 on the Stat - ute Applicable to Public Officials. All offences are laid down in legal texts. For example, bribery is considered a crime in the Criminal Code (Articles 248 to 251 sexies), but the same conduct is also prohibited under laws which regulate the activity of domestic public officials (especially Law No 18,575 and Law No 18,834) and is considered an infringement of the probity and impartiality principles expected of public officials, for which infringement they can be administratively sanctioned.
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