This Thursday, October 14, we had the opportunity to learn in greater detail about the Economic Crimes bill being processed in Congress, through a webinar organized by AmCham Chile and BH Compliance.
As is well known, this bill has generated several controversies and, therefore, it is necessary to explain its scope. On this occasion, the lawyer and professor of Criminal Law at the Catholic University, Juan Ignacio Piña, explained to the attendees what this regulation consists of and what its implications are.
In this sense, although it is an initiative that aims to systematize economic and environmental crimes, as well as to modify various legal bodies that typify crimes against the socioeconomic order, and to adapt the penalties applicable to all of them, there are certain points that may be contrary to the spirit of the law, such as the fact of eliminating the reference to the duties of management and supervision, which would weaken the Compliance programs.
After her speech, the director of companies, Manola Sanchez, and the Executive Director of BH Compliance, Susana Sierra, participated in a discussion regarding the law’s implementation in companies.
Manola Sanchez, emphasized the need for a gradual application of the law, since being so broad, it can be a problem in practice. In this way, she invited to carry out a white march, thinking about the reality of the companies in our country. “Let’s not forget that a good intention can turn into something unwanted”.
For her part, Susana Sierra, emphasized that this law directly affects the Law on Criminal Liability of Legal Entities, and that there is a lack of real understanding on the part of the congressmen regarding the preventive spirit of the law. “We are modifying a law and incorporating crimes, thinking that this law operates in its fullness and it is not so”, he said. And he stressed that these compliance programs still need to be extended to more companies, as well as the importance that those who have one, put it into practice and not remain on paper. “The problem is that we are a very legalistic country and perhaps with this law we will have many companies making models for crime prevention, where some of these crimes do not even apply to them and we will have everything very tidy on paper, but then how this is implemented,” he emphasized.