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Whistleblowing and self-reporting
Are whistleblowers protected in your jurisdiction?
There are no specific provisions protecting whistleblowers in relation to acts of corruption in the public or private sector. Whistleblowers may be considered as witnesses in the public interest, which results in complete protection from criminal prosecution with respect to offences such as disclosure of privileged information or filing a false complaint relating to the information that the whistleblower provides to the authorities according to the newly introduced Article 45B of the Code of Civil Procedure.
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?
There is no general provision for leniency measures applicable to companies or legal entities with respect to acts of corruption, as is the case in other aspects of company activities (eg, under anti-competition regulations). However, as the authorities have discretion over the administrative penalties to be imposed, they may apply the minimum fine and no other penalties, depending on the case.
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