White Collar Crime in Chile - Interview with Daniel Praetorius

Shownotes

In this episode, Dr. Rosinus is joined by legal expert Daniel Praetorius for an in-depth exploration of white-collar crime in Chile, viewed through a comparative lens with the German legal system. Mr. Praetorius opens with a clear and insightful overview of Chile’s criminal court system and legal framework, which reflects both Spanish and German influences. A central focus of the discussion is Law No. 21.595, Chile’s groundbreaking Economic Crimes Law, which came into effect in 2023. This law significantly expands the scope of economic offenses and introduces comprehensive penalties for both individuals and corporate entities. The conversation also delves into the international dimensions of compliance, particularly the enduring influence of the U.S. Foreign Corrupt Practices Act (FCPA) of 1977 on corporate governance in Chile. Further, Mr. Praetorius offers valuable insights into Chile’s approach to corporate liability and sanctions, the role and discretion of prosecutors, the current landscape of whistleblower protection, and the scope and limits of legal privilege in Chilean law.

Here you will find a translation of Chile´s Law No 21.595, Economic Crimes Law: https://cdn.lawreportgroup.com/acuris/files/Anti-Corruption-New/Chile%20-%20Ley%20Chile%20-%20Ley%2021595%20-%20Biblioteca%20del%20Congreso%20Nacional.pdf

Here you will find Chile´s Criminal Code: https://www.bcn.cl/leychile/navegar?idNorma=1984

Here you will find information about the US-Foreign-Corrupt-Practices-Act: https://www.justice.gov/jm/jm-9-47000-foreign-corrupt-practices-act-1977

Here you will find the episode “Criminal law in Brazil”: https://criminal-compliance.podigee.io/147-cr

Here you will find the episode “White-Collar Crime in India - Interview with Nikhil Varshney”: https://criminal-compliance.podigee.io/255-cr

Dr Rosinus in dialogue with:

Daniel Praetorius is a Chilean lawyer and Partner at Lembeye Abogados in Santiago. He is specialized in criminal law, compliance, and dispute resolution. His professional background includes positions at national and international law firms as well as several years at the Chilean National Prosecutor’s Office, where he worked in the Economic Crime Unit. He also spent time as a foreign associate at Freshfields in Frankfurt. In addition to his litigation practice, he regularly advises on internal investigations and compliance systems. His legal education in both Chile and Germany enables him to navigate cross-border issues and compare legal frameworks from multiple perspectives. He can be reached at: dpraetorius@lembeye.cl and +56 9 7889 4608.

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