Chilean Law - Criminal Law

Criminal Law

Since the year 2000, Chilean criminal procedure is experimenting one of the most important legal reforms of the country's history, completely replacing an inquisitory procedure by an accusatory system, very similar to the one in Germany or the United States. While the prosecution is in charge of an autonomous authority (Ministerio Público), the actual judgement is made by a collegiate court (Tribunal de Juicio Oral en lo Penal). Trials are public and verbal. However, the law grants several alternatives to the defendant so as to avoid the trial, but, at the same time, grant the victim's satisfaction and the public safety.

The Chilean Criminal Code, which defines the conducts that constitute an offense and the applicable conviction, dates back to 1874. It was greatly inspired by the Spanish Code of 1848 and the Belgian Code of 1867. The Code has been very criticized, and the Ministry of Justice is studying a complete replacement by the year 2010 .

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