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Audit & Compliance

Crime Prevention Model — Law 20.393

The defense the statute contemplates is an implemented model, not a document in a drawer. Building one that would survive being tested.

What this involves

Law 20.393 makes companies themselves criminally liable for a widening list of offenses committed for their benefit. The principal defense the statute contemplates is a crime prevention model that was genuinely adopted and implemented — which is a much higher bar than having the document.

The distinction matters because that is exactly what gets tested. A model with no risk matrix tailored to your operation, no functioning reporting channel, no evidence of training and no record of the prevention officer doing anything is not a defense. It is a document that proves you knew you needed one.

What we handle

Risk matrix

Mapping the offenses within scope against your actual processes, counterparties and payment flows — not a generic list copied from a template.

Model design

Policies, controls, prohibitions and procedures proportionate to the risks identified, integrated with your existing operations.

Prevention officer

Defining the role, its autonomy, its resources and its reporting line, plus the evidence trail that shows the function is real.

Reporting channel

A channel that meets the confidentiality and anti-retaliation expectations, with a documented process for handling what comes in.

Training and evidence of implementation

Training the people whose roles carry the risk, and building the documentary record that demonstrates the model operates.

How we run this for a client abroad

01

Assessment first

You send the documents you have. We tell you what applies, what it costs and how long it takes — before you commit to anything.

02

Power of attorney

Granted at a Chilean consulate or apostilled where you live. It lets us act for you in Chile without you travelling.

03

We file, you get updates

Our attorneys handle the filings and appearances in Chile. You get plain-English updates at every stage.

Crime Prevention Model — Law 20.393 — common questions

What English-speaking clients ask us most about this specific service.

Is having a prevention model mandatory?
It is not framed as a blanket legal obligation, but without one the company loses the principal defense available when an offense is committed for its benefit. In practice it has also become a commercial requirement — banks, counterparties and acquirers increasingly ask to see it.
Can we use our parent company's global compliance program?
As a foundation, yes. As the model itself, generally not. Chilean liability attaches to the Chilean entity, and the model has to address the offenses Chilean law contemplates, with controls mapped to what this entity actually does and evidence that it was implemented here.
What makes a model hold up if it is tested?
Evidence of operation. A risk matrix specific to the business, controls that people actually follow, a reporting channel with a documented handling process, training records, and a prevention officer with real autonomy and a record of activity. Absent that, the document alone carries little weight.
Do we need certification?
Certification is available and some counterparties ask for it, but it is not what determines liability — implementation is. We build the model to be certifiable while being clear that the certificate is not the point.

Talk to a Chilean lawyer about a crime prevention model under Law 20.393

Get an initial assessment in English — confidential, with no obligation.

Book your consultation now →
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