Sandra Orihuela contributes to the Anti-corruption and Bribery in Peru chapter of the Lexology Navigator, a comparative global Q&A guide.
Trends and climate
Have there been any recent changes in the enforcement of anti-corruption regulations?
Peru has seen some important anti-corruption legal developments in 2016. Decree-Law 1243 (October 22 2016) modified the Criminal Code to broaden the civil disqualification penalty for public officials by introducing definitive civil disqualification measures following corruption. The so-called ‘civil death by corruption’ bars public officials convicted of corruption from holding a position in state or federal governments or agencies. Further, Law 30424 (April 21 2016) introduced the concept of corporate administrative liability for entities involved in the crime of transnational active bribery, and Legislative Decree 1352 (enacted January 6 2017) extended it to active bribery of domestic public officials or servants, as set out in the Criminal Code. Both offences will become effective and enforceable beginning January 1 2018.
Further, in December 2014 the government and the Organisation for Economic Cooperation and Development (OECD) launched the Peru Country Programme, under which Peru aimed to complete its accession process to OECD membership during the course of 2017. This required the amendment of Peruvian legislation to comply with the OECD’s standards in several areas, including anti-corruption. In October 2016 the newly elected Kuczynski government declared that the OECD accession process was at least 70% complete. Shortly after taking office, the new administration announced a five-point anti-corruption programme to fight endemic corruption, including:
- civil death by corruption;
- establishing a council of state to focus on confronting corruption;
- the new Presidential Integrity Commission; and
- the review and reorganisation of executive branch staff and advisers, with each cabinet minister being responsible for officials in their departments.
In addition, some major anti-corruption legal advances took place in 2013 and 2014:
- Law 30111 (November 26 2013) introduced economic fines for corruption in addition to imprisonment;
- Law 30124 (December 13 2013) amended the criminal definition of ‘public official’; and
- Law 30161 (January 28 2014) and its regulations require public officials to submit sworn declarations of earned income and assets.
Are there plans for any changes to the law in this area?
The Single Registry of Convicted Persons Disqualified for Crimes against the Public Administration is pending approval pursuant to Legislative Decree 1243. The approval of regulations for the corporate prevention programme under Law 30424 is also pending. The compliance programme has been identified as a mitigating factor under the corporate administrative liability law when adopted by entities within a certain timeframe. Further, completion of the OECD Peru Country Programme may involve more changes to the anti-corruption legislation.
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