CHILE Law and Practice Contributed by: Jorge Bofill and César Ramos, Bofill Escobar Silva Abogados
7.4 Discretion for Mitigation and Aggravation
tion, tax crimes and money laundering; former Mayor Cathy Barriga, who is being investigated for embezzlement and forgery of public docu - ments; and Mayor Daniel Jadue, who is being investigated for embezzlement, bribery, fraud, insolvency crimes, and disloyal management. Although these are the most notable cases, quite a few municipalities are currently undergoing investigation, which is of great concern to the authorities and the general public. The “Caso Convenios” Another landmark investigation, the “ Caso Con - venios ”, has recently sparked an arduous debate in the public arena, as it involves the transfer of public money to 30 private foundations through - out the country. The Public Prosecutor’s Office is now investigating different aspects of the case, which exploded on 16 June 2023 in Antofa - gasta, in the north of Chile, with the transfer of resources from the Ministry of Housing to the Democracia Viva foundation, linked to the Rev - olución Democrática party of President Gabriel Boric’s coalition. This case has generated a strong reaction from the authorities, who have condemned the events and are committed to promoting improvements to safeguard transpar - ency and probity in the administration, as well as Many of the recent cases of bribery or corrup - tion have ended with plea agreements and those convicted were not sentenced to jail, but severe penalties of fines and restrictions were imposed. However, it is uncertain how the recent amend - ments will alter future cases. Law No 21,595 on Economic Crimes modified sentencing rules, restricting the penalties other than imprisonment in these types of cases. Law No 21,694 regulated effective co-operation and co-operation agree - to impose the appropriate sanctions. 7.6 Level of Sanctions Imposed
The administrative body – the Comptroller Gen - eral of the Republic – has little discretion to mitigate the fulfilment of its powers; that is, it must investigate and punish any cases of cor - ruption that may arise, in accordance with the law. However, as has been described in previous sections, the Public Prosecutor’s Office is enti - tled to mitigate the enforcement of criminal law through different mechanisms (see 1.3 Guide- lines for the Interpretation and Enforcement of National Legislation , 5.2 Guidelines Applicable to the Assessment of Penalties and 6.5 Incen- tives Provided to Whistle-Blowers ). 7.5 Recent Landmark Investigations or Decisions The Itelecom Case Regarding landmark investigations, the Itelecom case has generated interest regarding investiga - tion of the bribery of several public servants by the executives of a legal entity, involving various municipalities. In this case, the former mitigat - ing circumstance of Article 260 quater of the Criminal Code (substantial collaboration with the clarification of the facts) was recognised for the first time since the enactment of the anti-cor - ruption law. This circumstance was a qualified version of the general mitigating circumstance, the predecessor of the effective collaboration, therefore Itelecom could become a model for the recognition of new effective co-operation in future cases. The Municipalities Cases In recent years, a considerable number of munic - ipalities have been involved in corruption investi - gations, usually involving embezzlement of pub - lic funds and other offences. Such are the cases of former Mayor Raúl Torrealba, who is being investigated for state fraud, unlawful associa -
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