Page 23 - CORRUPTION LATAM
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setback in Chile regarding the fight against this criminal situation.
In fact, according to the most recent report from Transparency International, Chile continues to have a prominent position in the Corruption Perception Index (CPI), due to the strength of its democratic institutions and high levels of transparency, but “the country has experienced a significant decrease in its score since 2014, losing its regional leadership,” the document warned.
Generalized decline
The CPI ranks 180 countries and territories according to perceptions of the level of corruption in the public sector.
The latest report that Transparency International published on Chile indicates that the country was ranked 29th with 66 points. Despite its fall, together with Uruguay (73 points) and Costa Rica (55) they continue to lead the Region, being the only three that are above 50 points, according to this index.
For its part, the Instituto Libertad y Desarrollo, a think tank of the right-wing political party Independent Democratic Union (UDI), also conducted an annual survey, the 2023 Corruption Perception Survey, which showed what the organization calls a “significant decline in the perception of transparency and probity in the public sector.” One of the latest measurements, carried out between November 6 and 13, 2023, provided a level of perception of corruption, where 0 is less corrupt and 10 is more corrupt, of 7,12 points, considered by the Institute as “the highest figure since the beginning of the survey in 2002 and well above the average for the years 2003-2019, which was 5,08”.
According to this report, the institutions that lead the ranking are the municipalities, with a score of 8,1; regional governments, with 8,0 (in 2019 they were in 13th place, with 4,9) and public companies, together with the Chamber of Deputies, with 7,4. Thus, while the public sector decided a different path, a very important transformation took place in the private sector.
paradigm Shift
In December In December
legislation established a criminal liability regime for legal entities, through the entry into force of Law No 20,393. This fact represented a paradigm shift in the national legal system, since until then only natural persons could be subject to criminal charges, which flatly excluded the fact that a legal person could be held responsible for a crime
the Latest report that transparency internationaL pubLished on chiLe indicates that the country Was ranked 29th With 66 points. despite its faLL, together With uruguay (73 points) and costa rica (55) they continue to Lead the region, being the onLy three that are above 50 points, according to this index. the instituto Libertad y desarroLLo, a think tank of the right-Wing poLiticaL party independent democratic union (udi), aLso conducted an annuaL survey, the 2023 corruption perception survey, Which shoWed What the organization caLLs a “significant decLine in the perception of transparency and probity in the pubLic sector.”
This legislative milestone not only marked the beginning of a transformation of criminal law in Chile, but has also served as an incentive for a cultural change within organizations, which focuses on the prevention of crimes and acting with integrity in business.
Thus, legal entities currently face important challenges in terms of prevention and organizational ethics, and must self-regulate— implementing regulations and internal controls— to mitigate and effectively manage the risks that arise from their own business activity, in order to avoid the commission of crimes.
It should be noted that, in September of this year, Law No 20,393 will undergo the most significant
2009, Chilean
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