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Articles received by April 30 can be published in the first semester, and those received by September 15 can be published in the corresponding second-semester issue.

Criminal Law and corporate impunity in Chile

Authors

  • Jaime Winter Etcheberry Becario DAAD y estudiante de doctorado de la Justus-Liebig-Universität Gießen. Académico del Departamento de Ciencias Penales de la Facultad de Derecho de la Universidad de Chile

Abstract

This paper intents to demonstrate up to which point the social demand for more punishment for the corporate crime is a reflection of the Chilean criminal system's shortages and how those shortages are because of a clear intention of the legislator to maintain them. At the same time, it will beshown how the Prosecutor’s Office reacts to this public claim, using the tools that they have around, without showing good results and many times overusing the custody. In order to achieve this goal the following cases are going to be revised: the collusion of drugstores, in relation to the Criminal impunity of antitrust conducts; Celcoand Frerina, in relation to the lack of an environmental criminal Law; the San José mine, about the lack of labor criminal Law; ADN-Nutricomp, about the reactios of our courts to scientific problems of the corporate crime; Lan and D&SFalabella, about the practical impunity on the insider trade; profit in the universities, about the absence of an unfaithful administration figure (administración desleal); and references to the case of Inverlink, La Polar and to the corruption in the private sector.

Keywords:

economic and coporatecrime, impunity, Criminal Law, Antitrust, environmental criminal law, labor criminal law, insider trade, unfaithful administration