Corpesca became the first company to be formalized as a legal person for alleged bribery in accordance with Law No. 20,393. This law was issued as part of the requirements for the entry of Chile to the OECD and establishes the criminal responsibility of legal persons in the crimes of money laundering, financing of terrorism and bribery. A whole innovation since until then it was understood that criminal responsibility reached only natural persons and hence the usual saying: responsibility is individual and personal.
In simple terms, in order for the company to be criminally responsible for the crime, the company must have failed in its duties of direction and supervision, not adopting actions such as the implementation of a crime prevention model. The point is that it is not enough to declare or declare that a duly certified prevention model has been adopted (otherwise all are practically the same and say the same thing). The important thing is that a model like this is real, integral and suitable and not a manual of paper that few know and less apply. Prevention requires a continuum of actions and a Corporate Governance that promotes careful and diligent practices from the head of the organization. It demands that the Board have the necessary capacities and conveys the importance that it has for the care of the reputational value and the sustainability of the business. It requires understanding that certifications are necessary but insufficient. It requires abandoning the simplicity and the chimeras.
Today, if the forms are not accompanied by substance and real background, they will be worth as much as the paper and the ink that was used to write them. Security and protection can be achieved but demands much more quality and content.
Juan Pablo Bórquez Y.
Partner Director BY Advisors