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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. We build one that actually operates.

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Overview

What this involves

Law 20.393 makes companies themselves criminally liable for a widening list of offenses committed for their benefit. The only defense the statute contemplates is an implemented crime-prevention model: a documented risk matrix, an empowered prevention officer, real controls, a working reporting channel, and evidence of training and enforcement.

We design the model around your actual operation rather than a generic template, because a model that does not reflect how your company actually works will not survive scrutiny if it is ever tested.

What we handle

Risk matrix

Identifying the specific offenses and control failures your operation is realistically exposed to.

Prevention officer appointment

Defining the role's independence, authority and reporting line as the statute requires.

Controls & reporting channel

Building the internal controls and the confidential reporting channel employees can actually use.

Training

Rolling out training that creates a documented record of awareness, not a box-ticking exercise.

Documentation for defense

Assembling the evidence trail that makes the model credible if it is ever tested by a prosecutor.

From anywhere

How we run this for a client abroad

Risk assessment remotely

We map your risk exposure through document review and interviews conducted online.

Model built & reviewed with you

Drafted in English and Spanish, reviewed with your group compliance function before rollout.

Local implementation

Training and rollout handled locally in Chile, with progress reports you receive in English.

FAQ

Crime Prevention Model — common questions

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

Is a crime prevention model mandatory?

It is not framed as a blanket obligation, but without an implemented model the company loses the principal defense available when an offense is committed for its benefit — and in practice counterparties, lenders and acquirers increasingly require one. Sector-specific rules impose additional obligations on top.

Does Law 20.393 apply to a Chilean subsidiary of a foreign company?

Yes. Corporate criminal liability attaches to the Chilean legal entity, independently of where its parent is incorporated. A group-level compliance program written for another jurisdiction is generally not sufficient on its own — the model has to address the specific offenses and control failures Chilean law contemplates.

How long does it take to implement a model?

A basic model for a small operation can be built in weeks; a full implementation with training, a working reporting channel and embedded controls for a larger company takes longer. What matters most is that it is genuinely operating, not just documented — a model that exists only on paper does not hold up under scrutiny.

Do we need external certification?

Certification by an authorized body is available and, for some companies, expected by counterparties or investors, but it is not the only measure of an effective model. We build the model to be certification-ready and advise on whether formal certification adds value for your specific situation.

Talk to a compliance lawyer about your prevention model

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

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