Chile’s Judicial Reform (penal process reform or “Reforma Procesal Penal”) was passed in November 1999, created the Public Ministry (“Ministerio Público” - an office of public prosecution). The reform incorporates increased rights, improved transparency and more equally-distributed power into the courtroom. Guillermo Piedrabuena was designated to head the Ministry as the first National Prosecutor, or Attorney General of Chile.
The Ministry is responsible for centralizing the investigation and prosecution of all criminal cases, which previously, were directed separately by each judge. Before the reform, the criminal judge had multiple responsibilities in the judicial process: determining to investigate based on the criminality of a fact, investigating the case, accusing the defendant based on the results of that investigation, and sentencing the individual. To improve impartiality of the judicial system, reforms have been created to alter and share authority throughout the whole judicial process, from the hearing 24 hours after a crime to the final sentencing of the accused. This was complemented by the passage of six other laws, including the “Defensoria Pública” (setting up a public defense service).
The National Prosecutor serves a 10 year term and can be removed from office by a majority vote of the Supreme Court judges. The Ministry is assisted by 16 regional offices, one for each region and four for the metropolitan region and 1250 local prosecutors. The National Prosecutor also has the power to investigate the activities of top-ranking state officials including the President, Ministers, Parliamentarians and the Armed Forces' Commanders-in-Chief.
The reform was first applied in Regions IV and IX in 2000, and gradually spread to the other ten regions by 2004. The Metropolitan Region, including Santiago, was incorporated into the penal reform in June 2005.
To view a comparison of the two systems in Spanish, click on the following link: www.minjusticia.gob.cl the table is toward the bottom of the page).
Chile’s Judicial Reform (penal process reform or “Reforma Procesal Penal”) was passed in November 1999, created the Public Ministry (“Ministerio Público” - an office of public prosecution). The reform incorporates increased rights, improved transparency and more equally-distributed power into the courtroom. Guillermo Piedrabuena was designated to head the Ministry as the first National Prosecutor, or Attorney General of Chile.
The Ministry is responsible for centralizing the investigation and prosecution of all criminal cases, which previously, were directed separately by each judge. Before the reform, the criminal judge had multiple responsibilities in the judicial process: determining to investigate based on the criminality of a fact, investigating the case, accusing the defendant based on the results of that investigation, and sentencing the individual. To improve impartiality of the judicial system, reforms have been created to alter and share authority throughout the whole judicial process, from the hearing 24 hours after a crime to the final sentencing of the accused. This was complemented by the passage of six other laws, including the “Defensoria Pública” (setting up a public defense service).
The National Prosecutor serves a 10 year term and can be removed from office by a majority vote of the Supreme Court judges. The Ministry is assisted by 16 regional offices, one for each region and four for the metropolitan region and 1250 local prosecutors. The National Prosecutor also has the power to investigate the activities of top-ranking state officials including the President, Ministers, Parliamentarians and the Armed Forces' Commanders-in-Chief.
The reform was first applied in Regions IV and IX in 2000, and gradually spread to the other ten regions by 2004. The Metropolitan Region, including Santiago, was incorporated into the penal reform in June 2005.
To view a comparison of the two systems in Spanish, click on the following link: www.minjusticia.cl the table is toward the bottom of the page).