Anti-Bribery and Corruption Laws in Chile

Bribery committed by a public official (Articles 248, 248 bis and 249)

1. Requesting to receive or accepting:
   • greater payments than those that are usually acceptable by a person in such position or requesting an economic benefit for himself or a third party to perform an act, or for having already performed an act in the exercise of his duties, for which no payments are usually permitted.
   • an economic benefit for himself or for a third party to omit from acting or for having already omitted to act in the exercise of his duties, or to perform or for having already performed an act in violation of the duties of his office.
   • an economic benefit for himself or for a third party to commit a serious crime or misdemeanour as a public official in the performance of his duties, or torture or other cruel, inhuman or degrading treatment caused by public officials to the rights guaranteed by the Constitution. 
   • an economic or other benefit to which he is not entitled, for himself or for a third party, by reason of his position.
   • Exerting influence on another public employee in order to obtain from him a decision that may generate a benefit for an interested third party.
2. Exerting influence on another public employee in order to obtain from him a decision that may generate a benefit for an interested third party.

Bribery of a public officer committed by a private natural person (Articles 250, 250 bis and 251 bis)

1. Requesting to receive or accepting:
   • Giving, offering or consenting to give a public employee an economic benefit, for his advantage or for the advantage of a third party for such a person:
   • to perform or for having already performed an act in the exercise of his duties, for which reason no for such economic benefit is indicated.
   • to omit or for having already omitted to act in the exercise of his duties, or to perform or for having already performed an act in violation of the duties of his office.
   • to commit any serious crime or misdemeanour as a public official in the performance of his duties, or torture or other cruel, inhuman or degrading treatment caused by public officials to the rights guaranteed by the Constitution. 
2. Offering or consenting to give a foreign public official a benefit, whether economic or of another nature, for his advantage or for a third party, to omit or perform, or for already having omitted or performed, an act, in order to obtain or retain, for himself or for a third party, any business or advantage in the context of international transactions.

For natural persons:

• Imprisonment from 61 days to ten years
• Suspension of exercising the public position
• Absolute, temporary or perpetual disqualification, for public positions or offices
• Fine of four times the amount of the benefit requested or accepted
• Penalty applicable to the crime committed as a result of the bribe, if applicable
• Absolute, temporary or perpetual disqualification,  to exercise positions, jobs, trades or professions in companies that contract with organs or companies of the State or with companies or associations in which it has a majority participation; or in companies that participate in concessions granted by the State or whose purpose is the provision of public utility services

For Companies:

• Dissolution (extinction) of the legal entity.
• Disqualification from contracting with the State (temporary or perpetual).
• Loss of fiscal benefits and prohibition from receiving them for 1 to 5 years.
• Court-ordered Supervision of the company to ensure the implementation of a prevention model.
• Heavy fines based on a “day-fine” system, which can reach up to 400 or 600 days-fine depending on the case.

For natural persons:

• Imprisonment from 61 days to ten years
• Absolute, temporary or perpetual disqualification, for public positions or offices
• Fine from two to four times the amount of the benefit offered.
• Fine ranging from 100 to 1,000 “Monthly Tax Units” fine ranging to the equivalent of app. USD 7,700 to USD 2.3m
• Absolute, temporary or perpetual disqualification, to exercise positions, jobs, trades or professions in companies that contract with organs or companies of the State or with companies or associations in which it has a majority participation; or in companies that participate in concessions granted by the State or whose purpose is the provision of public utility services
• Penalty applicable to the crime committed by the public official as a result of the bribe, provided that the former is more severe than an imprisonment penalty ranging from 61 days to 540 days

For Companies:

• Dissolution (extinction) of the legal entity (applicable only to serious felonies or in cases of recidivism).
• Disqualification from contracting with the State (which may be temporary or perpetual).
• Loss of fiscal benefits and prohibition from receiving them for 1 to 5 years.
• Court-ordered Supervision of the company for a period of six months to two years to ensure the implementation or improvement of a crime prevention model.
• Heavy fines based on a “day-fine” system, which can reach up to 400 or 600 days-fine depending on the case, with each day valued between 5 and 5,000 UTM.

Bribery committed by or offered to private agents (Articles 287 bis and 287 ter.)

• Requesting to receive or accepting an
  economic benefit (or a benefit of another
  nature), for himself or for a third party, to
  favour or for already having favoured in the
  exercise of his work the contracting with one
  bidder over another.
• Giving, offering or consenting to give an
  employee or agent an economic or other
  benefit, for himself or a third party, to favour or for already having favoured the contracting of one bidder over another

Bribery committed by a legal entity or state-owned company

Liability of legal entities for bribery and corruption offences committed directly and immediately in their interest or for their benefit, by their owners, controllers, managers, executives, representatives, or those who carry out administrative and supervisory activities.

For natural persons:

• Imprisonment from 541 days to 3 years (reclusión menor en su grado medio) as a base penalty
• Increased imprisonment up to 5 years (reclusión menor en su grado máximo) if two or more “very qualified” aggravating circumstances apply
• Heavy fines via “day-fine” system (Law 21.595): 51–150 days-multa
• Special disqualifications: Inhabilitation for managerial positions and State contracting, 3–10 years

For Companies

• Dissolution (extinction) of the legal entity (applicable only to serious felonies or in cases of recidivism).
• Disqualification from contracting with the State (temporary or perpetual).
• Loss of fiscal benefits and prohibition from receiving them for 1 to 5 years.
• Court-ordered Supervision for 6 months to 2 years.
• Day-fine system: 2 to 400 days-fine (up to 600 aggregate), each day valued 5–5,000 UTM.

• Dissolution of the legal entity or cancellation of its legal status
• Permanent or temporary prohibition from entering into acts and
  contracts with State agencies or companies or associations in which
  the State has majority participation
• Prohibition from being awarded any State concessio
• Permanent or temporary loss of fiscal benefits, or absolute prohibition
  from receiving them for a specified period of time
• Fine ranging from 400 to 300,000 “Monthly Tax Units” (UTM)
• Seizure of the assets unlawfully acquire
• Seizure of assets whose value corresponds to the amount of the gains
  obtain through the perpetration of the crime
• Publication of the condemnatory judgment
• The deposit of a sum equivalent to the investment made in an account
  held by the treasury (if the crime involves making an investment that
  exceeds the legal entity’s income