CHILE Law and Practice Contributed by: Jorge Bofill and César Ramos, Bofill Escobar Silva Abogados
This kind of co-operation is available in the same cases as the non-qualified co-operation, but it can only be recognised through a co-operation agreement with the public prosecutor. This kind of co-operation can severely reduce the penalty of a crime (by up to three full degrees), or even stop the prosecution entirely, through a final dismissal of the criminal facts ( sobreseimiento definitivo ). A condemned indi - vidual can also enter this type of agreement to significantly shorten their sentence. If the public prosecutor does not fulfil its obli - gations from the co-operation agreement, the co-operator can demand that the criminal courts decree them, unless the co-operator did not fulfil theirs. In general, Chilean law does not provide for administrative sanctions for corporate entities in the case of violation of anti-corruption laws. However, they may face administrative penalties in cases of violation of specific administrative provisions which indirectly aim to avoid poten - tial corruption or conflicts of interest. This is the case, for example, with violations of the recently introduced provision that prohibits corporate entities from financing political campaigns or parties, which may be punished with monetary fines. Individuals may also face criminal prosecution, risking penalties that include fines, prohibition from exercising a public office, and imprison - ment. 7. Enforcement Trends 7.1 Enforcement
Administrative liability in the case of individuals is in general only applicable for anti-corruption violations committed by public servants and is enforced by the General Comptroller’s Office. However, as is the case for corporate entities, there are certain special administrative penalties that may be applicable to individuals in general in the context of violations of limits applicable to the financing of political campaigns. The law does not contemplate civil enforcement by government agencies. However, anyone who suffers damage by an act – whether committed by entities or individuals – that contravenes anti- corruption laws may file a civil action against that entity, pursuant to general tort law. 7.2 Enforcement Bodies The public bodies in charge of the prosecu - tion of the crimes and administrative infractions previously mentioned are the Public Prosecu - tor’s Office and the Comptroller General of the Republic, respectively. The interaction between these two public bodies is not expressly regu - lated, but each of them falls within its exclusive sphere of competence: the public prosecutor investigates and pursues the punishment of con - duct that constitutes a crime, and the comptrol - ler general investigates and sanctions conduct that constitutes an administrative fault. 7.3 Jurisdictional Reach of Enforcement Bodies As previously mentioned, the area of jurisdiction of each public agency depends on whether the acts of corruption constitute only administrative offences (in which case only the Comptroller General of the Republic is involved) or also con - stitute criminal offences (in which case, the Pub - lic Prosecutor’s Office is involved and litigates before the courts with criminal jurisdiction).
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