Resumen

VILLABLANCA CERDA, LUSITANIA. AUDIT OF CRIME PREVENTION MODELS. A REGULATORY ANALYSIS BASED ON THE OPINION OF THE COMMISSION FOR THE FINANCIAL MARKET, N° 13.088, OF APRIL 30, 2019. Rev. derecho (Concepc.) [online]. 2020, vol.88, n.247, pp.279-290. ISSN 0303-9986.  http://dx.doi.org/10.29393/rd247-10lvfm10010.

:

Regarding to the criminal responsibility of legal entities, Law No. 20,393 presumes the fulfillment of its duties of prevention and supervision when they satisfy a crime prevention model whose conditions are regulated in the same law. Compliance with these requirements may be certified by a third party, which is relatively subject to the control of the Financial Market Commission. However, observing what has been stated in Opinion No. 13,088, the object of this analysis, as well as in other pronouncements by the regulator, we can affirm that such control is only formal and therefore the validity of the certification may be contested by the Public Prosecutor's Office, thus facilitating the destruction of the evidential value of the said presumption.

Palabras clave : crime prevention model; criminal responsibility of legal entities; compliance; evidential value; criminal presumption; Financial Market Commission.

        · resumen en Español     · texto en Español     · Español ( pdf )