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Autonomy and Independence: Peru’s Effective Collaboration Regime
In a significant move towards promoting transparency and cooperation, Peru has introduced an effective collaboration regime that allows legal entities to collaborate with the Public Prosecutor’s Office in exchange for benefits. This regime, governed by Article 472 of the Peruvian Code of Criminal Procedure, was initially designed for individuals but has been amended to include legal entities.
Eligibility
To be eligible for this regime, a legal entity must:
- Voluntarily abandon its criminal activities
- Admit freely and explicitly or not contradict the facts in which it is involved
- Present itself to the Public Prosecutor’s Office with a willingness to provide useful information
This information can help avoid crime, diminish its consequences, or prevent damage.
Purpose and Benefits
The main purpose of the effective collaboration regime is to provide useful information to assist the Public Prosecutor’s Office in elucidating the facts, in exchange for rewards. The agreement on benefits and collaboration entered into by the applicant and the Public Prosecutor’s Office is confidential and subject to judicial review. If no legal violations are detected, the agreement takes full force.
The benefits of applying for effective collaboration include:
- Exemption from complementary consequences
- Decrease or remission of those consequences
- Other benefits established in legislation
For example, an agreement entered into at the preliminary diligence stage could promise not to formalize a preparatory investigation against the collaborator, while one entered into at the preparatory investigation stage could exclude the legal entity from prosecution.
Promotion of Autonomy and Independence
However, obtaining these benefits is not automatic and depends on:
- The relevance and corroboration of the information provided
- Compliance with the obligations and commitments assumed in the agreement
The effective collaboration regime has the potential to promote autonomy and independence by encouraging legal entities to cooperate with the authorities and abandon criminal activities.
Commercial Bribery and Foreign Bribery
Commercial Bribery
Peru’s Criminal Code includes the offence of commercial bribery, which occurs when a representative or employee of a legal entity accepts an undue benefit to do or refrain from doing an act in favour of a third party. This offence can result in imprisonment for up to four years for individuals.
Foreign Bribery
Foreign bribery is also criminalized in Peru, with legal entities and individuals being held criminally liable for this offence. The definition of foreign public official adopted by Peru is based on the United Nations Convention against Corruption.
The penalties for foreign bribery are severe, with individuals facing up to eight years’ imprisonment. Legal entities found guilty of this offence can also be held criminally liable and subject to similar sanctions.
Plea Agreements
Importance in Promoting Cooperation
In Peru, plea agreements are an important mechanism for promoting cooperation between legal entities and the authorities. These agreements allow legal entities to provide useful information in exchange for benefits and can help to reduce the severity of criminal consequences.
Conclusion
By introducing this effective collaboration regime and strengthening its laws against commercial and foreign bribery, Peru is demonstrating its commitment to promoting transparency, accountability, and cooperation in combating corruption.