On September 27, 2022, Law No. 21,488 was published in the Official Gazette, which typifies the crime of timber theft and other related crimes, and enables the use of special investigative techniques for its prosecution.
The law modifies the Criminal Code, the Code of Criminal Procedure, the Decree with Force of Law No. 15 of 1968 of the Ministry of Agriculture, Law No. 19.913, and also Law No. 20.393, which establishes the criminal liability of legal entities, incorporating them into the catalog of crimes contemplated in Article 1 of the law.
It also incorporates the clandestine trade of goods resulting from the crimes of cattle rustling and timber theft, as basic crimes of money laundering.
The following are some considerations:
- Law No. 21,488 aims to create a special title dedicated to timber theft and robbery, with particular figures and rules. theft of timber, with particular figures and norms.
- Law No. 20,393 is amended by adding two new crimes to the catalog: (i) theft of timber (theft or illegal possession). of timber (theft or illegitimate possession); and (ii) forgery or malicious use of false documents to obtain guides or forms. documents to obtain guides or forms to move or trade timber illegally.
trade timber in an illicit manner.
- The Code of Criminal Procedure is amended to allow the use of special investigative techniques, such as the interception and interception of documents. special investigative techniques, such as telephone interception, among other measures.
- The penalties applicable to the crimes of theft and theft of logs or logs of wood are increased.
In this regard:
- In light of the incorporation of new offenses in Article 1° of Law N°20,393, it is recommended that companies review the correct functioning of their Crime Prevention Models, identify Crime Prevention Models, identify potential risks, and corroborate the possible application of existing controls
possible application of existing controls, which may serve to mitigate the risks associated with these new criminal offenses; and
- Although Article 1 of Law No. 20.393 is amended, making new offenses applicable to the legal person, it has not yet Although Article 1 of Law No. 20.393 is amended by making new crimes applicable to the legal person, a specific penalty applicable to these crimes has not yet been established. applicable to them, which means that, as long as this omission is not remedied by the legislator, the offenses will not be
the legislator, the offenses will not apply to companies.