On June 14, 2023, the government vetoed the bill that systematizes economic crimes and attacks against the environment and adjusts the penalties applicable to them, thereby incorporating important amendments to Law No. 20.393, which establishes the criminal liability of legal entities.
The veto mainly addressed the following points:
– It is intended to correct the omission of new figures of the crime of money laundering that were incorporated in the year 2022, adding them to the list of base crimes of this criminal type.
– Certain reiterations or gaps in the catalogs of the first, second and third categories of economic crimes are corrected and the handling of confiscation in the law of criminal liability of the legal person is adapted.
– Some formal corrections are made to avoid possible problems of interpretation. Thus, for example, a final clause is added to Article 468 of the Criminal Code, establishing an express rule of subsidiarity that avoids potential conflicts with Article 7 of Law No. 21.459, and the typical structure of the crime of fraud is clarified.
– In the same sense, formal errors are corrected with respect to a modification in the Securities Market Law, which referred to risk ” raters”, when it should be “classifiers” of risk.
– Finally, a special rule is introduced for the entry into force of the amendments to the bankruptcy offenses, making them coincide with the vacancy provided by the recent Law No. 21.563, which modernizes the bankruptcy procedures contemplated in Law No. 20.720 and creates new procedures for micro and small companies.