Congressional Commission approved prediction that changes anti-corruption regulations on legal persons
According to the criteria of
The Justice Commission of the Congress of the Republic has approved a prediction that proposes to modify the anti-corruption regulations relating to legal persons, so that they comply with international parameters.
According to the document consulted by this journal, responsible for revisions, it is proposed to modify articles 1, 2, 3, 5, 7, 17 and 18 of the Law 30424and others are incorporated, such as 12-A, 19, 20 and 21.
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In this way he expands the scope of the standard crimes of parallel accounting, fraud in auctions, public tenders and tenders, private corruption, illicit drug trafficking, environmental crimes, prohibited financing of political organizations and distortion of contributions , income and expenditure, customs and tax offences.
In the modifications, the possibility of determining the corporate liability for the commission of crimes through intermediaries. Likewise, it is clarified that the liability of the legal person can be determined despite the fact that the natural person has also obtained an economic or other advantage.
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Also presented is a new formula for calculating the fine for legal personsin order to cover all possible hypotheses, that is to say both when it is or is not possible to identify the income obtained or to be obtained from the fact or from the proceeds of the commission of the offence, as well as when the legal person has not been registered income before or after committing the crime.
In the same way, it is proposed to quantify the fine no longer according to the annual income of the legal person, but according to the seriousness of the offense committed.
It should be noted that with the aim of achieving progress that will adapt the Peruvian legal system to an effective fight against national and transnational corruption, Peru participated in Phase I (2018-2019) and Phase II (2020-2021) ratings. , led by the Organization for Economic Co-operation and Development Task Force (OECD).
In these assessments, the working group made recommendations to strengthen the regulations relating to the administrative liability of legal persons.
Therefore, the legislative proposal aims to respond to these recommendations so that Peruvian regulations comply with international parameters. Ideas will be incorporated into the Law 30424.