Published and draft legislation - Peru

Increased administrative responsibility for legal persons

Legislative Decree Nº 1352

Law 30424 establishes the responsibility of legal persons only for the crime of active transnational bribery set forth in article 397-A of the Criminal Code. Its scope is now expanded with the publication of this decree.

As explained in the whereases, the decree aims to bring international requirements into national law, enhancing the prevailing regulatory framework. It establishes a new field of administrative responsibility, while also regulating the crime of active transnational bribery, the autonomous responsibility of legal persons involved in other crimes of corruption, such as generic active bribery and specific active bribery, and the crimes of money laundering and financing terrorism.

For the effects of this law, legal persons are entities under private law, such as associations, foundations, non-governmental organisation and non-ascribed committees, irregular societies, bodies administering autonomous wealth and Peruvian State companies or mixed-economy companies.

The administrative measures to be taken against legal persons infringing the regulation will be as follows:

  1. A fine of no less than twice or more than six times the profit obtained or expected from commission of the crime.
  2. Debarment, of any of the following kinds:
  3.  Suspension of corporate activities for a period of no less than six months or more than two years.
  4.  Prohibition from carrying out future activities of the same category or nature in which pursuit the crime was committed, favoured or concealed. The prohibition may be temporary or permanent. Temporary prohibition may not be for less than a year or more than five years.
  5.  Definitive debarment from engaging in State contracts.
  6. Cancellation of administrative or municipal permits, rights, licences, concessions, etc.
  7. Temporary or permanent closure of the person’s premises or establishments. Temporary closure is for no less than one year or more than five years.
  8. Dissolution.

This law will come into force on 1st January 2018.

 

 

Continue reading the magazine nº 10