Companies have greater penalties in the new penal code

The new penal code covers companies in relation to criminal liability of legal entities, economic crimes and cybercrimes

04/12/2025 – 06:56

The draft amendment to the government’s penal code introduces several changes that directly affect Legal persons, especially with regard to their criminal liability and economic and technological crimes.

The main points of the draft penal code affecting companies are the following:

Criminal liability of legal entities

The project seeks to integrate and expand the criminal liability regime for legal entities that already exists in Law No. 27401, which implies Expand the list of crimes.

The Penal Code seeks to classify all crimes, including many that are today in special laws (tax crimes, customs crimes, etc.). This expands the scope of conduct for which a company can be held criminally liable. Like the following:

More severe and varied penalties: It is planned to expand the penalties applied to companies, including:

• Higher fines.
• Suspension or closure of activities, completely or partially.
• Dissolution of the legal entity.

Extended confiscation: Early termination of ownership of illegally obtained assets.

Greater focus on compliance: Although an exemption or relaxation of penalties for having an integrity (compliance) program already exists in Law No. 27401, the consolidation of regulations and increased penalties makes the effective implementation of these programs even more important for companies.

Economic and property crimes

Numbers affecting business operations and assets are identified or worsened:

Serious property crimesA general worsening of penalties for crimes was observed.

Tricks: Simple fraud can lead to imprisonment of up to 8 years plus a fine, which directly affects business fraud.

rape: The maximum sentence will be increased to 10 years.

Theft of public service assets: Thefts involving cables, pipes, copper and non-ferrous metals destined for public services are on the rise. If this leads to the interruption of public service, the minimum penalty is raised to 6 years.

Computer crimes and new technology

The project includes a Special chapter on computer crimes To address new modalities, which is critical to corporate cybersecurity:

Digital identity theft and deepfakes: The goal is to punish identity theft, especially that committed through technologies such as “deepfakes” (videos and photos manipulated by artificial intelligence) and “deep voice.” They are mentioned as suitable tools to commit fraud, obtain money or access confidential company data.

Algorithmic manipulation and fake data: Punishment is incorporated into algorithmic manipulation and creation or alteration of data, images or sound for illicit purposes. If the initial focus can be electoral, this has general implications.

Fighting corruption and organized crime

Although it targets officials, the exacerbation affects companies that interact with the public sector:

Public corruption: The penalty for bribery has been increased significantly, from 3 to 10 years, with an additional third added in employment.

Confiscation and extinction of the domain: Perfecting confiscation and forfeiture procedures, allowing for the ultimate loss of illegally obtained assets, impacting the financial structure of organized crime and corruption that may be linked to companies.

The project seeks to collect all criminal crimes into one body. The final impact will depend on the final articles and the Code on Criminal Liability of Legal Entities, which act as supplementary regulations.