CHILE Law and Practice Contributed by: Jorge Bofill and César Ramos, Bofill Escobar Silva Abogados
in Article 249), penalties range from three years and one day to ten days, to five years, if the benefit is consented to. In addition, a fine must be imposed, equal to 400% of the benefit (where the benefit is not an economic one, the fine is from 150 UTM to 1,500 UTM) and restriction from working as a public employee for life. • Bribery of foreign officials is sanctionable with imprisonment from three years and one day to ten years, restriction from working as a public employee for a period of seven years and one day to ten years, and a fine from 200% to 400% of the amount of the bribe. Where the benefit offered is not an economic one, the fine will range from 100 UTM to 1,000 UTM. • According to Article 251 quater of the Crimi - nal Code, any person convicted of the afore - mentioned crimes will be barred from working in companies that have entered into contracts with the state, or in companies where the state has a majority holding, or in companies that grant a service to the state or provide a public service. Embezzlement of Public Funds • Embezzlement by subtraction – the penalties depend on the amount of the subtraction. If it is less than USD270, the penalty of imprison - ment ranges from 541 days to five years; if it exceeds USD270 but is less than USD2,700, the penalty is imprisonment for three years and one day to ten years; and if it exceeds USD27,000, the penalty is imprisonment for five years and one day to 15 years. In all cases, a fine of 200% of the amount subtract - ed and restriction from working as a public employee for a period of five years and one day up to seven years must be imposed. • Reckless embezzlement – there is an obliga - tion to return the amount or effects misap -
propriated, and restriction from working as a public employee for a period of 61 days up to three years. • Embezzlement by distraction – this carries a fine of 50% to 100% of the amount of the damage caused and restriction from work - ing as a public employee for a period of five years and one day up to seven years. If the refund has not been verified, the penalties indicated in “embezzlement by subtraction” will be applied. Grant Fraud The penalty will depend on the amount involved. The default penalty is from 541 days to five years of imprisonment, but if the damage exceeds USD2,700, the penalty is from three years and one day to ten years; and if the damage exceeds USD27,000, the penalty is from five years and one day to 15 years. In any event, it carries a fine of half of the total amount of the damage caused and restriction from working as a public employee for a period of five years and one day up to ten years. Unlawful Negotiation The penalty associated with this crime is impris - onment from 541 days to five years, a fine of half of the total amount of the damage caused and restriction from working as a public employee for a period of five years and one day up to ten years. General Notes It is worth saying that all sentences of more than five years and one day are effectively served in jail (no benefits or agreements with the prosecu - tor are allowed). However, when the offence is considered an economic crime, according to Law 21,595, a differentiated and stricter regime of substitutive penalties applies, which limits
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