Criminal liability of the parent company for offenses committed by their subsidiaries under Chilean law

Javier Wilenmann von Bernath; Guillermo Caballero Germain

doi:10.4067/s0718-33992025000200634

Criminal liability of the parent company for offenses committed by their subsidiaries under Chilean law

Javier Wilenmann von Bernath
, Guillermo Caballero Germain

Research output: Contribution to journal › Article › peer-review

Abstract

This paper explores the criminal liability of parent companies for offenses committed by their subsidiaries within the context of corporate criminal responsibility in Chile. The study focuses on Article 3.2 of Act 20.393, which establishes the conditions under which criminal liability may extend within corporate groups. The analysis highlights the legal and theoretical frameworks that regulate this extension of liability, emphasizing the concept of operational autonomy and the limitations of liability compartmentalization in corporate structures. This paper provides a comprehensive interpretation of the regulations and offers an in-depth theoretical analysis of how criminal responsibility is distributed between parent companies and subsidiaries.

Translated title of the contribution	La responsabilidad penal de la matriz por los hechos de la filial en el derecho chileno
Original language	English
Pages (from-to)	1-26
Number of pages	26
Journal	Politica Criminal
Volume	20
Issue number	40
DOIs	https://doi.org/10.4067/s0718-33992025000200634
State	Published - Jan 2025
Externally published	Yes

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

SDG 16 Peace, Justice and Strong Institutions

Keywords

Corporate criminal liability
Responsabilidad penal de las personas jurídicas
business groups
compliance
compliance
grupos empresariales

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10.4067/s0718-33992025000200634

Cite this

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title = "Criminal liability of the parent company for offenses committed by their subsidiaries under Chilean law",

abstract = "This paper explores the criminal liability of parent companies for offenses committed by their subsidiaries within the context of corporate criminal responsibility in Chile. The study focuses on Article 3.2 of Act 20.393, which establishes the conditions under which criminal liability may extend within corporate groups. The analysis highlights the legal and theoretical frameworks that regulate this extension of liability, emphasizing the concept of operational autonomy and the limitations of liability compartmentalization in corporate structures. This paper provides a comprehensive interpretation of the regulations and offers an in-depth theoretical analysis of how criminal responsibility is distributed between parent companies and subsidiaries.",

keywords = "Corporate criminal liability, Responsabilidad penal de las personas jur{\'i}dicas, business groups, compliance, compliance, grupos empresariales",

author = "\{von Bernath\}, \{Javier Wilenmann\} and Germain, \{Guillermo Caballero\}",

year = "2025",

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doi = "10.4067/s0718-33992025000200634",

language = "English",

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journal = "Politica Criminal",

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AU - von Bernath, Javier Wilenmann

AU - Germain, Guillermo Caballero

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N2 - This paper explores the criminal liability of parent companies for offenses committed by their subsidiaries within the context of corporate criminal responsibility in Chile. The study focuses on Article 3.2 of Act 20.393, which establishes the conditions under which criminal liability may extend within corporate groups. The analysis highlights the legal and theoretical frameworks that regulate this extension of liability, emphasizing the concept of operational autonomy and the limitations of liability compartmentalization in corporate structures. This paper provides a comprehensive interpretation of the regulations and offers an in-depth theoretical analysis of how criminal responsibility is distributed between parent companies and subsidiaries.

AB - This paper explores the criminal liability of parent companies for offenses committed by their subsidiaries within the context of corporate criminal responsibility in Chile. The study focuses on Article 3.2 of Act 20.393, which establishes the conditions under which criminal liability may extend within corporate groups. The analysis highlights the legal and theoretical frameworks that regulate this extension of liability, emphasizing the concept of operational autonomy and the limitations of liability compartmentalization in corporate structures. This paper provides a comprehensive interpretation of the regulations and offers an in-depth theoretical analysis of how criminal responsibility is distributed between parent companies and subsidiaries.

KW - Corporate criminal liability

KW - Responsabilidad penal de las personas jurídicas

KW - business groups

KW - compliance

KW - grupos empresariales

UR - https://www.scopus.com/pages/publications/105029634537

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DO - 10.4067/s0718-33992025000200634

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SN - 0718-3399

VL - 20

SP - 1

EP - 26

JO - Politica Criminal

JF - Politica Criminal

IS - 40

ER -

Criminal liability of the parent company for offenses committed by their subsidiaries under Chilean law

Abstract

UN SDGs

Keywords

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