The National Association of Young Entrepreneurs (ANJE) reiterates that the country requires a modern Penal Code, in accordance with the reality of the country’s economic and social environment; however, this cannot become an automatic pass to approve a regulatory proposal without evaluating the multiple observations submitted by the business sector regarding the criminal liability of legal entities, which generates uncertainty and especially harms MSMEs.<\/p>\n\n\n\n
Adequate criminal legislation cannot be achieved through a fleeting and closed legislative process, which did not take advantage of the current vacatio legis to make the pertinent corrections through intersectoral consultations. Postponing the entry into force of the articles on the criminal liability of legal entities for only 3 months is incoherent, as a consultation process was opened and the technical observations submitted by the business sector were not included.<\/p>\n\n\n\n
The bill approved today in its first reading in the Senate of the Republic misses the opportunity to establish differentiated rules for micro and small enterprises, as well as a clearer, more balanced regime of criminal liability for legal entities that is in accordance with the principles of legality, culpability, proportionality, and legal certainty.<\/p>\n\n\n\n
Corporate criminal liability must rest on objective and duly proven premises: that the offense was committed on behalf of or for the benefit of the entity, that there is a serious breach of its organizational and control duties, and that it is guaranteed that recklessness or negligence only generates liability in cases expressly provided for by law. Likewise, the regulatory framework must recognize with greater certainty effective compliance efforts, as well as specify the certification mechanisms applicable to compliance programs.<\/p>\n\n\n\n
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The country needs a Penal Code that allows for the effective prosecution of illicit conduct, but that also rewards prevention, facilitates compliance, and offers predictable rules for investing, undertaking business, and creating jobs. Sustainable development requires solid institutions and a secure business environment, in which the application of the Law protects society without creating uncertainty for those who act responsibly.<\/p>\n\n\n\n
ANJE remains open and willing to engage in dialogue and collaborate with the National Congress, in the event that the Penal Code is approved in the form proposed by the Chamber of Deputies, in order to provide contributions to amend and clarify the provisions of the corporate criminal liability regime, which have such a significant impact on the country’s business ecosystem.<\/p>\n\n\n\n
In that sense, ANJE proposes the creation, during the first year of the Code’s implementation, of a permanent commission of technicians and academics to analyze, together with the National Congress, the needs for improvement and precision that arise from its practical application.<\/p>\n","protected":false},"excerpt":{"rendered":"
The National Association of Young Entrepreneurs (ANJE) reiterates that the country requires a modern Penal Code, in accordance with the reality of the country’s economic and social environment; however, this cannot become an automatic pass to approve a regulatory proposal without evaluating the multiple observations submitted by the business sector regarding the criminal liability of […]<\/p>\n","protected":false},"author":133556,"featured_media":517135,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","_members_access_role":[],"_members_access_error":""},"categories":[1],"tags":[],"class_list":["post-517134","post","type-post","status-publish","format-standard","has-post-thumbnail","category-uncategorized"],"acf":[],"jetpack_sharing_enabled":true,"jetpack_shortlink":"https:\/\/wp.me\/phj1q1-2awS","jetpack_featured_media_url":"https:\/\/deultimominuto.com\/en\/wp-content\/uploads\/sites\/2\/2026\/07\/WhatsApp-Image-2026-07-23-at-11.05.51-AM.jpeg","dum_api":{"author_name":"Yerandi Santana","author_image":"https:\/\/deultimominuto.com\/wp-content\/uploads\/2026\/02\/cropped-WhatsApp-Image-2026-02-13-at-5.35.07-PM-96x96.jpeg","categories_name":["Uncategorized"],"featured_media_url":"https:\/\/cdn.deultimominuto.com\/en\/wp-content\/uploads\/sites\/2\/2026\/07\/WhatsApp-Image-2026-07-23-at-11.05.51-AM.jpeg"},"_links":{"self":[{"href":"https:\/\/deultimominuto.com\/en\/wp-json\/wp\/v2\/posts\/517134","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/deultimominuto.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/deultimominuto.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/deultimominuto.com\/en\/wp-json\/wp\/v2\/users\/133556"}],"replies":[{"embeddable":true,"href":"https:\/\/deultimominuto.com\/en\/wp-json\/wp\/v2\/comments?post=517134"}],"version-history":[{"count":0,"href":"https:\/\/deultimominuto.com\/en\/wp-json\/wp\/v2\/posts\/517134\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/deultimominuto.com\/en\/wp-json\/wp\/v2\/media\/517135"}],"wp:attachment":[{"href":"https:\/\/deultimominuto.com\/en\/wp-json\/wp\/v2\/media?parent=517134"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/deultimominuto.com\/en\/wp-json\/wp\/v2\/categories?post=517134"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/deultimominuto.com\/en\/wp-json\/wp\/v2\/tags?post=517134"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}