AYLWIN Y ASOCIADOS ABOGADOS

Espoz 3150, Oficina 404 Vitacura, Santiago, Chile. +56 2 2835 0000contacto@aylwinasociados.cl

NOTICIAS

29/07/2016

Criminal liability of legal persons for the crime of “receiving stolen goods of species”

On date July 05, 2016 was published 20.931 law, which establishes a series of provisions amending the criminal code, the code of criminal procedure and various regulations relating to the prevention and prosecution of the crimes of robbery, theft and receiving stolen goods.

Within such modifications, joined the 20.393 law on criminal liability of legal persons for the offences of money-laundering, financing of terrorism and bribery, the possible liability for the crime of “receiving stolen goods of species” (456 bis of the Criminal Code) and also it expressly settled the option of the judge to apply the dissolution of the legal person involved in these illicit.

Since the entry into force of this law, it is possible to impute criminal responsibility to legal persons who commit the crime of “receiving stolen goods of species”, when they have been committed: i) on behalf of the company ii) by its owners, administrators or those who work under his direction; and (iii) that can be attributed to the lack of company direction and supervision.

As a result, legal persons trading in goods, new or used, are especially affected to this risk and therefore must take special control measures, described in article 13 of the law 20.931. Compliance with such requirements will be controlled by police officers.