/ New Economic Crimes and Their Impact on Criminal Prevention Models

Crime prevention models (CPM) require periodic updates to be considered properly implemented. These models must be “living” instruments within companies. We recommend reviewing and adjusting the CPM and adding specific control mechanisms to reduce new risks.

Bárbara Silva
Associate Alessandri

On September 29, 2025, Law No. 21,770 was published in the Official Gazette, establishing a general framework for sectoral authorizations and amending various legal bodies, including Law No. 21,595 on economic crimes and Law No. 20,393 on the criminal liability of legal entities.

This new regulation not only seeks to modernize administrative procedures, but also introduces new criminal offenses that must be considered in crime prevention models. In particular, it incorporates conduct that, because it is linked to sectoral authorization processes, may give rise to corporate criminal liability.

Among the main changes, the following stand out:

Second-category crimes

The following figures are added to the criminal catalog:

• The provision of false or incomplete information in sworn statements or notifications for the purpose of obtaining authorization.

• The issuance of fraudulent certifications or reports by licensed professionals.

• The intentional submission of altered technical documents to sectoral authorities.

Third-category crime

• Breach of confidentiality by officials of the new Office of Sectoral Authorizations and Investment, which occurs when they disclose or misuse non-public information obtained in the course of their duties.

In addition, a technical omission generated by Law No. 21,673 is corrected, reestablishing the reference to the crimes of fraudulent use of cards and malicious obtaining of undue refunds, contained in Law No. 20,009, as part of the catalog of basic crimes.

These changes increase the scope of criminal risks for organizations, particularly those responsible for managing permits or authorizations with public entities. Likewise, the involvement of external professionals in the preparation of technical reports takes on additional legal relevance.

Recommendations

1. Educate and train the teams responsible, including external collaborators who participate in certifications or prepare technical reports.
2. Analyze the entity’s degree of vulnerability to the crimes recently incorporated into the regulations.
3. Review and adjust the Crime Prevention Model, adding specific control mechanisms to reduce these risks.
4. Examine internal procedures related to obtaining sectoral permits and authorizations.
5. Conduct periodic reviews of new legislation that may affect the organization’s compliance models.

The entry into force of this regulation requires a rapid response from organizations. Adapting and constantly reviewing crime prevention models in a timely manner is essential to prevent legal risks and consolidate an organizational culture based on compliance and integrity.