CRITICAL ANALYSIS OF THE NEW LANDSCAPE OF FRAUDULENT MISREPRESENTATION OFFENSES BASED ON THE AMENDMENTS INCORPORATED BY LAW No. 21,595

STRUCTURE, COHERENCE, AND DEFINITION PROPOSALS

Abstract

This paper critically analyzes the modifications introduced to the legal framework for fraud offenses in Chile by Law No. 21,595. While its primary purpose has been to establish a new statute applicable to crimes considered economic according to its own principles, it has also modified other legal codes by introducing new provisions. This paper will analyze these modifications in light of the corresponding paragraph of the Penal Code that regulates fraud and determine whether they can be coherently interpreted and explained from a systematic perspective. It will also identify problems with the changes and propose ways to achieve this objective and mitigate the negative effects of such an ambitious modification.