Published legislation and draft legislation - Peru

Sanctions on corruption in the private sector

Legislative Decree 1385

The Peruvian government has published Legislative Decree 1385, imposing criminal sanctions on acts of corruption affecting normal commercial relations and fair competition between companies.

In articles 241-A and 241-B, the Decree makes provisions for the penalties to be imposed in cases of corruption in the private sector. Specifically, they apply to those parties* that directly or indirectly accept, receive or demand any kind of wrongful donation, promise or other advantage or benefit of any kind, whether for themselves or for a third party, to carry out or refrain from carrying out an action that favors another party in the acquisition or marketing of goods or merchandise, in the hiring of commercial services and in commercial relations. The provision above also applies in the event of these types of action being taken with the intent of harming the legal person.

For the situations described above, the parties will be given custodial sentences of up to four years and professional disbarment, pursuant to paragraph 4, article 36, of the Penal Code.

* Partner, shareholder, senior manager, board member, director, legal representative, proxy, employee or adviser to a legal person under private law, non-governmental organization, association, foundation, committee, including unregistered entities and irregular companies