Reform of the Public Prosecutor’s Office and Its Implications for Corporate Criminal Compliance

Alessandri | The National Congress recently approved the bill that strengthens and modernizes the Public Prosecutor’s Office, currently in its final stage of review before the Constitutional Court. The initiative introduces significant amendments to the Organic Constitutional Law of the Public Prosecutor’s Office, aimed primarily at improving its institutional structure, its oversight systems, and its capacity to investigate complex crimes.

Although the central objective of the reform is to strengthen criminal prosecution against phenomena such as organized crime or economic crime, several of its institutional changes may also have indirect effects in the area of corporate criminal compliance.

Institutional Reorganization and New Units

One of the cornerstones of the reform is the reorganization and strengthening of the Public Prosecutor’s Office’s internal structure through the creation and consolidation of divisions focused on strategic planning, information analysis, management control, and oversight of criminal prosecution.

These units aim to improve institutional coordination, develop investigative standards, and strengthen the analysis of data relevant to the prosecution of complex crimes.

From a practical standpoint, these types of tools can contribute to more structured investigations into complex criminal activity, particularly economic crimes, fraud, corruption, or money laundering—areas where sophisticated corporate and financial structures often exist.

Criminal Prosecution Oversight System

The reform also establishes a Criminal Prosecution Oversight System, which includes annual oversight plans and periodic external evaluations to measure the efficiency and quality of institutional operations.

These mechanisms aim to strengthen accountability within the Public Prosecutor’s Office and move toward more uniform investigative standards. In practice, this could result in more consistent and technically structured investigations.

Division of Probity, Integrity, and Internal Audit

Another significant change is the creation of the Division of Probity, Integrity, and Internal Audit, which includes an Internal Integrity and Probity Unit and the appointment of a Compliance Officer with responsibilities related to risk management, administration of reporting channels, monitoring of regulatory compliance, and development of a crime prevention model within the institution.