This comment is a response made by former Justice Minister Luis Bates, during which time monopolistic behavior was decriminalized. View your comment in http://www.mer.cl/modulos/
It seems understandable that the lawyer Luis Bates defends, in his column of April 5, 2009, the law in his capacity as Minister of Justice promoted and that decriminalized certain behaviors that threaten anti-competitive.
However, the arguments are legally quite weak,
a) says that they are so varied the possible behaviors in this area, to create a criminal type could have the default blank form criminal law, unable to describe the unlawful conduct detail. Forget
colleague crimes such as fraud (which novelty is somewhat similar to the deception that make collusion to produce a decrease of the heritage of the people) since the last century has residual figures in the background described minimum elements, as fraudulent can be so varied that it would be impossible for the legislature in all cases. And no one has criticized the existence of such extensive criminal.
b) argues that new powers to the National Economic Prosecutor (leniency) are unbecoming of an administrative entity.
The truth is that his argument is a sentence without legal basis, because no real reason envisions a technique by which such research can not be used in administrative proceedings. A fortiori, if one can accept the leniency to lessen the penalty spot who works in the investigation of a crime as serious as a fortiori be applied to help someone who, as Bates himself is committing in fact that the fund would have the gravity of an infringement. I think that improving the condition of an offender sanction that works is less worrying to do the same with respect to a criminal. ENRIQUE MARIO AGUILA
INOSTROZA
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