CHILE Law and Practice Contributed by: Jorge Bofill and César Ramos, Bofill Escobar Silva Abogados
Foreign officials or public servants are, however, explicitly left out of the scope of this provision. 4.4 Exempt Sectors/Industries The Chilean criminal system does not contem - plate exemptions with respect to bribery or cor - ruption offences within the scope of a specific sector or industry. 4.5 Safe Harbour or Amnesty Programme Companies are not subject to supervision by regulatory entities for compliance with anti-cor - ruption laws. It is beyond the scope of the Pros - ecutor’s Office to issue regulations or measures to create incentives to self-report a known or suspected violation. According to Law No 20,393 on the Criminal Lia - bility of Legal Entities, self-reporting may consti - tute a mitigating circumstance if it is performed by the legal representatives of the company before the applicable proceeding is initiated. For individuals, penalties for bribery, embezzle - ment, grant fraud and unlawful negotiation are as follows. Bribery The penalty for the briber will mainly depend on the kind of bribery and the amount of economic benefit: • For “bribery without counter-performance”, ie, a crime that consists of the mere fact of giving, offering, or consenting to a benefit by reason of the position of the public employee, the penalty for the briber is 541 days to three years of imprisonment, where the benefit is 5. Penalties for Violations 5.1 Penalties on Conviction
offered or given; and 61 to 540 days, where the benefit is consented to. In addition, a fine equal to the benefit must be imposed (where the benefit is not an economic one, the fine is from 25 UTM to 250 UTM) and restric - tion from working as a public employee for a period of three years and one day up to five years. • For bribery that consists of giving, offer - ing or consenting to a benefit for a public official to perform or for having performed an act proper to their office, the briber will be punished with 541 days to five years of imprisonment, in the case where the benefit is offered or given; and 61 days to three years, in the case where the benefit is consented to. In addition, a fine from 100% to 200% of the benefit (where the benefit is not an economic one, the fine is from 50 UTM to 500 UTM) and restriction from working as a public employee for a period of five years and one day up to seven years will also be imposed. • For bribery that consists of omitting or having omitted an act proper to the office of the pub - lic employee, or to performing or having per - formed an act in breach of the duties of their office, including exercising influence over another public employee in order to obtain a decision that may generate a profit for a third party, penalties range from three years and one day to ten years of imprisonment, if the benefit is offered or given; and 541 days to five years, if the benefit is consented to. In addition, a fine of between 200% and 400% of the benefit (where the benefit is not an eco - nomic one, the fine is from 100 UTM to 1,000 UTM) and restriction from working as a public employee for a period of seven years and one day up to ten years will be imposed. • For bribery that consists of offering or con - senting to a benefit for the public official to commit some specific offences (referred to
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