Sandra Orihuela contributes to the Anti-corruption and Bribery in Peru chapter of the Lexology Navigator, a comparative global Q&A guide. This is the section related to Whistleblowing.
Whistleblowing and self-reporting
Are whistleblowers protected in your jurisdiction?
No, no specific legislation protects whistleblowers.
Is it common for leniency to be shown to organisations that self-report and/or cooperate with authorities? If so, what process must be followed?
Law 30424 (April 21 2016) and Legislative Decree 1352 (January 6 2017) approved imposing administrative liability on entities for the crimes of transnational active bribery and active bribery of domestic public officials or servants provided for in the Criminal Code, respectively, effective as of January 1 2018. The circumstances in which an entity found guilty of any of these crimes can mitigate its responsibility include:
- confessing to the crime before the internal investigation is formalised; and
- collaborating with the authorities to clarify the criminal act.
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