CHILE Law and Practice Contributed by: Jorge Bofill and César Ramos, Bofill Escobar Silva Abogados
6.3 Self-Disclosure Procedures There is no special self-disclosure procedure, however, general legislation contemplates differ - ent chances for the defendant to provide infor - mation or documentation. Filing a Self-Report Article 179 of the Criminal Procedure Law allows anyone accused of a felony to demand that the Public Prosecutor’s Office start an investiga - tion. Although it is a rule designed to be used by those who are informally and wrongfully accused of a criminal offence, there is no legal reason why it cannot be used to provide information of a potential offence as a form of self-disclosure. Providing Information During the Investigation The Public Prosecutor’s Office may ask for infor - mation from any individual or company through a written document. Although a defendant cannot be forced to provide said information due to the right to avoid self-incrimination, it can voluntar - ily deliver it. Even if the public prosecutor does not ask for any information from the defendant, they can handle it through the public prosecu - tor’s computer systems. Testifying During the Investigation In most cases, self-disclosure is made by the deposition of the defendant, or the legal repre - sentative of the company being investigated, in the offices of the public prosecutor, usually before the prosecution formally offers a deferred prosecution agreement or a plea agreement. Collaborating During the Trial The defendant has the right to testify and pro - vide evidence during the criminal trial, and if the testimony and evidence are useful to clarify the facts, the criminal court should recognise this as a mitigating circumstance.
the hierarchy, the greater the penalty; the low - er down the hierarchy, the lower the penalty) and the way in which that position is enacted (the greater the intervention, the greater the penalty; the less the intervention, the lower the penalty); and • magnitude of harm, specifically the genera - tion of harm or damage and the efforts to mitigate them (additionally in this regard, Law No 21,595 establishes a special regime to determine the effect of the penalty). Chilean legislation does not include a specific obligation to disclose bribery, corruption or any other corporate crime. However, there are incen - tives to do so. 6.2 Voluntary Disclosure Incentives Regarding individuals, self-reporting or sub - stantial co-operation in the context of a criminal investigation may be considered as mitigating factors when considering the extent of criminal responsibility. The recently enacted Law No 21,694 established new legislation regarding effective co-opera - tion and co-operation agreements. However, because it requires providing information beyond self-involvement in the felony, it is explained in 6.5 Incentives Provided to Whistle-Blowers . Law No 20,393 on the Criminal Liability of Legal Entities provides incentive mechanisms for com - panies to self-denounce. Thus, if the manag - ers of a company report their own misconduct before the start of a criminal prosecution, they will have the right to a reduced sentence. 6. Disclosure Processes 6.1 Disclosure Obligations
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