Proyecto de reforma del Código Penal
Published date | 04 September 2018 |
Date | 04 September 2018 |
Author | Andrés O'Farrell,Fernando Frávega,Gustavo P. Giay |
Law Firm | Marval O'Farrell Mairal |
De ser aprobado, el proyecto elaborado por la Comisión para la Reforma del Código Penal introducirá cambios sustanciales tanto en la Parte General como en la Parte Especial del Código.
En la Parte General, se destaca una mayor precisión en cuanto a las consecuencias económicas de la actividad criminal. En este sentido, el proyecto aclara con mayor detalle los alcances del decomiso de los instrumentos y del producto del delito. Y, en ciertos casos, incluso, admite el decomiso sin necesidad de sentencia condenatoria.
Además, el proyecto amplía el catálogo de delitos por los cuales las personas jurídicas responderán penalmente. Por ejemplo, las compañías pasarían a enfrentar sanciones criminales por delitos ambientales y delitos contra la propiedad intelectual, cuando fueran cometidos en su nombre, representación o beneficio.
En la Parte Especial, se incluyen importantes cambios a los delitos contra la administración pública. Por un lado, se propone un aumento general de las escalas penales. Además, el proyecto prevé el castigo de la facilitación culposa del acto corrupto e incorpora sanciones a la corrupción entre privados.
En materia de delitos tributarios, se incluyen nuevos supuestos de evasión agravada, como el uso de...
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