On July 5, 2016 the Chilean Congress enacted Law No.
20,931 ("Anti-crime Agenda"), strengthening the
prosecution of robbery, burglary, theft and willfully or
negligently receiving or possessing stolen goods.
The Chilean Criminal Code sanctions any individual who knowingly
or negligently possesses, transports, buys, converts or trades
goods proceeding from theft, robbery, embezzlement and/or cattle
theft. Negligent behavior can also be prosecuted.
The Anti-crime Agenda imposes new record keeping and
traceability requirements regarding ownership of goods or
possession e.g. repairing or second-hand goods. Local law
enforcement is allowed to compel exhibition of all records and
report to the Prosecutor upon failure or refusal to comply.
Furthermore, the Anti-crime Agenda amended the Corporate
Criminal Liability Act (Law. No. 20,393 or "CCLA"),
listing the willful or negligent receiving of stolen goods
as an underlying crime, entailing criminal liability for
corporations in Chile.
Sanctions under the CCLA violations include:
Temporary or perpetual prohibition to
enter into contracts with governmental entities;
Partial loss of, or absolute
prohibition during two to three years, to opt for governmental
Fines ranging from approximately USD
15,000 to USD 1.5 million;
Dissolution if convicted of the same
crime within a 5 year time period.
As a result, all corporations should update their
compliance programs to include adequate internal controls
to prevent such offenses. Failure to comply can result in a
corporation being found ineligible for a safe-harbor provision.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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