Rodrigo Aldoney
Senior Counselraldoney@carey.cl
+56 2 2928 2207
His practice extends to all areas of criminal law, mainly economic crimes, fraud, environmental offences, antitrust and, in general, complex litigation. He also advises corporate governments on activities that generate criminal risks, dispute resolution and internal corporate investigations.
His practice also focuses on compliance, especially in criminal matters. He has developed a vast experience in the design and implementation of compliance programs in accordance with the law on corporate criminal liability and diverse international standards.
REPRESENTATIVE EXPERIENCE
- A financial institution as complainant for the crime of unfair administration.
- A salmon company on its defense for the potential criminal liability with respect to an accusation for environmental contamination and fraud of state subsidies.
- A multinational household appliance company as plaintiff in a computer fraud consisting of an identity theft by a supplier.
- A multinational telephone and computer products company as complainant for the crime of procedural fraud of a provider.
- A multinational in the pharmaceutical industry on its defense against charges for the crime of injuries due to vaccine application.
- A telecommunications company as complainant for the crime of unfair administration.
- A hydroelectric power company as complainant for the crime of water usurpation.
- A multinational electrical appliance company on its defense for the imputation of criminal liability for the crime of bribery.
- A real estate company on its defense for the imputation of crimes of fraud and simulated contract.
- A retail company on an internal investigation to report certain crimes.
- A financial institution on an internal investigation to report certain crimes.
- A mining company on an internal investigation to report certain crimes.
AWARDS AND RECOGNITIONS
- Recognized in Corporate Governance and Compliance, Best Lawyers.
- Recognized in White Collar, The Legal 500.
- Recognized in Compliance, Leaders League.
ACTIVITIES AND MEMBERSHIPS
- Professor of Criminal Law, Universidad Católica de Chile (since 2015).
- Professor of the Diploma in Economic Criminal Law, Universidad Católica de Chile (since 2016).
- Professor of Master in Criminal Law of double degree at Universidad de Talca and Universidad Pompeu Fabra, Barcelona, Spain (since 2009).
- Professor of multiple lectures on Criminal Law and Compliance in undergraduate and graduate programs at several universities such as Universidad de Chile, Universidad de los Andes, Universidad Adolfo Ibáñez, Universidad Diego Portales and Universidad Alberto Hurtado and at public institutions such as the Public Criminal Defense Office, Unit of the Public Prosecutor's Office for High Complexity Prosecutors and the Judicial Academy.
- Co-Researcher Fondecyt Regular, "The crime of corruption between individuals as an economic crime: An analytical approach from a comparative perspective" (2021).
- Member of the "Compliance Circle", Chilean-German Chamber of Commerce.
- Member of the Institute of Criminal Sciences.
- Invited Professor to the Drafting Commission for a New Criminal Code, Ministry of Justice (2014).
- Academic Reviewer of the journal "Política Criminal", Center for Criminal Law Studies, Universidad de Talca.
- Member of the Editorial Committee of the Journal "Doctrina y Jurisprudencia Penal", Universidad de los Andes.
- Evaluator of applications for scholarships granted by the Advanced Human Capital Formation Program, Comisión Nacional de Investigación Científica y Tecnológica (CONICYT).
- Fellow of the Master and Doctoral Studies, Konrad Adenauer Foundation.
PUBLICATIONS
- Author of the article "Private Bribery and the Incidence of the Employer in its Commission" in "Justice as Law. Studies in Honor of Profesor Luis Ortiz Quiroga", Acevedo, Collado, Mañalich (coord.), Thomson Reuters (2020).
- Author of the article " Commentary to the Judgment of the Instructing Judge Mr. Solís of September 4th, 2012 (Rol Nº 2182-1998) in Criminal Participation: Difficulties of Delimitation between Forms of Authorship and Participation, Doctrine and Criminal Jurisprudence", Universidad Los Andes, Thomson Reuters (2014).
- Author of the article " Disclosure of Trade Secrets - Possible Punitive Deficits and Dogmatic Possibilities of Overcoming them" in "Humanize and Renew Criminal Law, Studies in Memory of Profesor Enrique Cury, Universidad Católica de Chile, Thomson Reuters (2013).
- Author of the article "Arson at the San Miguel Prison", Law Reports, Criminal Procedure Doctrine, 2013, Public Criminal Defense Office (2014).
- Author of the articles "Infamy" and "Idle" in "Beccaria - 250 Years, Dei Delitti e Delle Pene, from the Masterpiece of the Beccaria", Matus, Jean Pierre (dir.), Editorial B de F (2011).
- Author of the book " The Protection of Trade Secrets under Criminal Law ", also PhD Dissertation, Freiburg i.Br., Centaurus-Verlag (2009).
- Author of the article "Critical Reflections on the Interpretation of Corporate Secrecy Protection under Criminal Law as Asset Protection", in "Strafrecht und Wirtschaftsstrafrecht - Dogmatik, Rechtsvergleich, Rechtstatsachen – Book in Honor of Professor Klaus Tiedemann", Sieber, Kindhäuser et. al., eds., Carl Heymanns (2008).
- Author of the article "Brief Considerations on the United Nations Convention against Corruption and the Treatment of Criminal Offenses aimed at Combating Corruption in the Private Sector with Special Reference to the Protected Legal Interest", Legal Journal of the Public Ministry, (2008).
- Author of " The Implementation of the Rome Statute in Domestic Law and other Key Issues of International Criminal Law " in "Current Issues in International Criminal Law, Contributions from Latin America, Germany and Spain" (Ambos/Malarino/Woischnik eds.), Konrad-Adenauer-Stiftung, Uruguay (2005).
- Author of several publications in "Comparative Penal Systems, Report on Federal Germany", Revista Penal, Spain (2004 and 2005).
- Author of the article "Conference Report: The Domestic Implementation of the Rome Statute for an International Criminal Court and Other Basic Questions of International Criminal Law", Zeitschrift für die gesamte Strafrechtswissenschaft - ZStW, Federal Germany (2004).
- Author of the article "Cybercrimes" in Law and Information Technologies, De la Maza (coord.), Universidad Diego Portales/Fundación Fernando Fueyo, Chile (2002).
RELATED AREAS
EDUCATION
- Law, Universidad de Chile.
- LL.M., Albert-Ludwigs-Universität Freiburg, Germany (Summa Cum Laude) (2003).
- PhD on Criminal Law, Albert-Ludwigs-Universität Freiburg, Germany (Summa Cum Laude) (2007).
- Course on ISO 37301 Requirements and Interpretation, Compliance Management Systems, International Dynamic Advisors (Intedya) (2021).
ADMISSIONS
- Chile (2001).
LANGUAGES
- Spanish.
- German.
- English.
