CHILE Law and Practice Contributed by: Jorge Bofill and César Ramos, Bofill Escobar Silva Abogados
The closest mechanism is the abbreviated procedure, which entails a recognition by the defendant of the facts and the information of the investigation that sustains such facts. This is not equivalent to a guilty plea, although practice has led to this procedure being something similar, since the prosecutor’s office will usually negoti - ate with the defendant, using as a transaction value that they refrain from discussing any of the charges and their details. An abbreviated procedure only applies if the prosecutor is asking for a penalty not greater than ten years, and if the defendant, in knowl- edge of the facts of the indictment and the infor - mation of the investigation, freely agrees to the procedure. 2.8 Claims Against “Unknown” Fraudsters It is possible to file lawsuits against “unknown” fraudsters in Chile. Criminal complaints can be filed against either a specific individual or who - ever turns out to be responsible. 2.9 Compelling Witnesses to Give Evidence Please see 2.2 Preserving Evidence and 2.3 Obtaining Disclosure of Documents and Evi- dence From Third Parties regarding the rules that compel witnesses to give evidence consist - ing of documents and objects. Regarding testimony, witnesses must attend before the public prosecutor’s office to give a statement if they are subpoenaed, with certain legal exceptions, such as certain public officials (who may give a statement in their public office) and people who are unable to attend for quali - fied reasons (ie, a serious illness). If the witness does not attend without just cause or refuses to give a statement they can be forcefully brought
by the police or be detained until they give a statement. As explained in 2.3 Obtaining Disclosure of Documents and Evidence From Third Parties , some people are not obligated to testify, due to familiar ties with the defendant or professional privilege, such as lawyers, doctors or priests. However, once subpoenaed they must attend and explain their familial ties or the professional privilege with the defendant. Lastly, any witness may refuse to answer a ques- tion whenever the answer may result in self- incrimination, as explained in 6.1 Invoking the Privilege Against Self-Incrimination . During the trial, the court will issue a compulsory judicial citation to the witness, which follows the same rules as previously mentioned. 3. Corporate Entities, Ultimate Beneficial Owners and Shareholders 3.1 Imposing Liability for Fraud on to a Corporate Entity Since the enactment of Law No 20,393, the list of offences for which a company can be held criminally liable has been extended several times. Before the enactment of Law No 21,595, companies could only be criminally liable for: • bribery; • money laundering;
• financing of terrorism; • receipt of stolen goods; • disloyal administration; • commercial bribery; • unlawful negotiation; • misappropriation;
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