What is it about?
Law 20.393 establishes the criminal liability of private legal entities and state-owned companies for the following offenses:
- National or Foreign Bribery
- Money Laundering
- Financing of Terrorism
- Bribery between private individuals
- Unfair Administration
- Incompatible Negotiation
- Water Pollution
- Commercialization of banned products
- Illegal fishing of seabed resources
- Processing, storage or utilization of scarce resources
- Simulation or deception to obtain benefits (temporary)
- Simulation or deception to obtain greater benefits (temporary)
- Non-observance of isolation or other preventive measure ordered by the health authority in case of epidemic or pandemic.
Legal entities are liable for the crimes mentioned above, which are committed directly or immediately in their interest or for their benefit, by their employees, provided that the commission of the crime was a consequence of the breach of their duties of management and supervision.
It is considered that the duties of direction and supervision have been fulfilled when prior to the commission of the crime, the legal person had adopted models of organization, administration and supervision to prevent such offenses.
The Crime Prevention Model shall contain at least the following elements:
Appointment of a Crime Prevention Officer
Definition of means and powers of the Crime Prevention Officer
Establishment of a Crime Prevention System
Prevention System Supervision