Law 21,800 adds illegal aggregate extraction crimes to the corporate criminal liability catalog

Law No. 21,800, recently published, introduces two new criminal offenses associated with aggregate extraction and incorporates them into the catalog of crimes that can trigger corporate criminal liability under Law 20,393. The statute amends Article 2 of Law No. 21,595 on Economic Crimes. For companies involved in the extraction, transport, marketing, or use of aggregates, the deadline to update their crime prevention models expires on February 25, 2027.

What changed

Law No. 21,800 creates two new criminal offenses with direct corporate impact.

The first penalizes the falsification, alteration, malicious use, or inclusion of false information in traceability documents related to aggregate extraction and transport: authorizations, technical certifications, and certificates of origin. It also covers the omission of relevant information from those instruments.

The second penalizes aggregate extraction without authorization or without favorable technical certification, in especially qualified circumstances involving prior repeated administrative violations.

The key impact for companies: both offenses have been incorporated into the Law No. 20,393 corporate criminal liability catalog through amendment of Article 2 of Law No. 21,595 on Economic Crimes. This means that the company — not just its representatives or employees — can be criminally prosecuted if the crimes are committed in its interest or benefit and it lacks an adequate crime prevention model.

The law takes effect on February 25, 2027. The timeline is not generous if you consider that updating a crime prevention model requires a diagnostic assessment, risk matrix review, procedural updates, supplier due diligence, and training.

What this could mean for your company

If your company operates in the construction, mining, infrastructure, materials transport, or construction supply sectors, Law No. 21,800 expands your corporate criminal exposure.

The risk is not limited to direct aggregate extractors. It extends to the entire chain: transporters, marketers, construction companies that purchase aggregates from third parties. If a supplier operates without authorization or with falsified documents, and your company cannot demonstrate that it exercised reasonable due diligence, criminal liability may extend to you.

The crime prevention model is your primary shield. Law 20,393 establishes that a legal entity may be exempted from liability if it demonstrates it had an effective prevention model in place, adopted and implemented before the crime was committed. But that model must specifically cover the risks associated with the new offenses. A generic model that does not address aggregate traceability or supplier due diligence will not meet the standard.

There is an additional nuance. Falsification of traceability documents does not require that the company actually extracted aggregates illegally. It is sufficient that an employee or agent altered a certificate of origin or technical certification in the company's interest. The risk lies in the documentation, not just in the physical operation.

What you can do

1. Update your criminal risk matrix. Incorporate the two new offenses from Law No. 21,800 into your prevention model's risk map. Identify the exposed processes, areas, and positions: procurement, logistics, operations, aggregate suppliers, and transporters.
2. Strengthen due diligence on suppliers and contractors. Verify that your aggregate suppliers have valid authorizations and technical certifications. Require certificates of origin and establish contractual clauses obligating the supplier to maintain documentary traceability.
3. Train operations, procurement, and compliance teams. The effective date is February 2027, but effective implementation of controls takes time. Start training and procedure reviews now to have the adequate model in place before the deadline.

If you need to update your crime prevention model to incorporate the risks under Law No. 21,800 or strengthen due diligence on your supply chain, schedule a consultation with Cubillos Lama

This content is for informational purposes only and does not constitute legal advice for any specific case.