On 29 June 2022, the Official Journal El Peruano published Law No. 31501, amending certain articles of the Criminal Code to strengthen the fight against the crimes of fraudulent administration, parallel accounting and transnational bribery.
The main changes introduced are as follows:
- It is specified that if the crime of transnational active bribery (Art.397-A Criminal Code) is committed by a Peruvian or by the representative of a legal entity domiciled in Peru, Peruvian criminal law is applicable to this crime even when it is committed abroad (Art.2 Criminal Code).
- The penalties for the crime of fraudulent administration are increased (Art.198 of the Criminal Code): imprisonment from two to five years (previously from one to four years) and 180 to 365 day-fines.
It also adds, as a new modality, the use of accounting documents that seek to support non-existent or simulated operations to cover up payments in favor of third-party natural or legal persons, national or foreign.
- The penalties for the crime of parallel accounting (Art.199 Criminal Code) are increased: a custodial sentence between two to five years (previously only up to one year) and 180 to 365 day-fines (before only up to 90 day-fines).
- A definition oforeign official or public servant is added (Art.425-A Criminal Code), which includes any person with links of any kind with entities or bodies of a foreign state (including state enterprises), as well as those who exercise functions in international organizations
You can find the full text of Law No. 31501 here.
|These changes should be taken into account by the companies to implement or update their models of prevention according to Law No. 30424 regulating the criminal liability of legal persons, especially while facing the next modification of the law that has been approved by Congress and that is awaiting promulgation by the president.
We trust that this information will be useful to you and your company. Do not hesitate to contact us if you require advice.