Local Police Courts in Chile: Jurisdiction, Procedures, and Sanctions
Requirements for Appointment as a Judge of Letters
Article 252. To be a Judge of Letters, the following is required:
- Be Chilean;
- Have a law degree; and
- Have successfully completed the training program for candidates to the Primary Judiciary.
Appointment of Local Police Judges
The appropriate municipality will receive a proposal from a panel of the appeals court in question.
Rights and Prohibitions for Local Police Judges
- The position of Local Police Judge is incompatible with any other office in the municipality.
- Local Police Magistrates and clerks of such courts cannot act as sponsoring lawyers, attorneys, or expert witnesses in cases before these courts.
- Local Police Judges may punish faults or abuses committed in their courtrooms with any of the following measures:
- Verbal reprimand
- Fines
- Arrests of up to 24 hours
Subrogation of Local Police Judges
In the absence or disability of the judge, they shall be subrogated by the secretary if the secretary is a lawyer. If the secretary is not a lawyer, they will be subrogated by a Local Police Judge of the same commune.
Independence of Local Police Judges
The judge shall be independent of any municipal authority in the discharge of their duties. They will hold their posts indefinitely and cannot be removed or separated by the municipality concerned.
Qualifications of Local Police Judges
Municipalities will submit a report to the appropriate appellate court containing an assessment of the Local Police Judge’s efficiency, zeal, and morality during their tenure.
The Secretaries of Local Police Courts
The law states that there will be a secretary in each Local Police Court, appointed by the mayor. The secretaries have the status of ministers of faith and are subject to the immediate disciplinary authority of the judge in the exercise of their functions. However, their administrative responsibility shall be governed by administrative status.
General Provisions for Local Police Courts
Local Police Judges may apply the following sanctions:
- Imprisonment in cases stipulated by law
- Fines
- Seizure of species involved in the process
- Closure
In cases involving traffic law, judges may impose the following sanctions:
- Fine
- Confiscation
- Removal of vehicles that pose a traffic hazard
- Suspension of driver’s license for up to 6 months or permanent cancellation
B) Penalties for violations or breaches are prescribed within one year from the date the sentence becomes final.
C) Fines imposed by Local Police Judges will benefit the commune where the offense was committed.
Jurisdiction of Local Police Judges
- Traffic Law
- Certain violations arising from consumer law
- Law of ownership
- Violations of ordinances and mayoral decrees
Law 18,287 of February 1984 established the procedure before Local Police Courts.
Notifications in Local Police Courts
The notice of demand should be personally served, with copies of it and the court order signed by the secretary to the defendant. Notification can also be made under Article 44 of the Civil Procedure Code (CPC).
In cases involving traffic accidents, the judge may order the removal of the vehicle if the demand cannot be served because the registered owner of the vehicle does not exist or does not correspond to the person who should be notified.
Decisions are usually notified by letter, which shall contain an integrated copy. Judgments imposing fines exceeding 5 UTM, or canceling or suspending a driver’s license, must be notified in person or by ballot.
Sentences of imprisonment shall be served on the convicted person.
Notification by registered letter shall be deemed effective on the fifth working day after the date of receipt at the post office concerned.
The Civil Action in Local Police Courts
The judge has jurisdiction over civil lawsuits that are filed in a timely manner under the procedure for misdemeanors.
The opportunity to engage in a civil suit is up to 3 days before the arraignment and trial defense.
In cases of traffic accidents, the civil suit must be notified 3 days prior to the arraignment and trial defense.
Powers of the Judge in Local Police Courts
- The judge can order the personal appearance of the defendant under legal warnings, meaning they can compel appearance through force.
- Regarding the implementation of the law on the expense and consumption of alcohol, the judge may reasonably request regulators to order the entry and search of the respective property when there is evidence that alcohol is being sold, supplied, or distributed illegally.
- Whenever necessary, the judge will determine the value of the item in question, or assess it through experts if necessary.
- Where appropriate, the court shall require annotations and reports on the accused from the Civil Registry and Gendarmerie. Similarly, the court can request a statement of affiliation and background from the registrar.
Features of the Procedure in Local Police Courts
a) Periods of days under this law are suspended during holidays, i.e., Sundays and holidays.
b) If the offense involves civil or commercial companies or corporations with legal personality, the procedure will be followed against the manager or administrator of such companies.
c) In the case of communities and de facto societies, the procedure will be followed against the administrator or person having the direction of the company.
Initiation of the Process in Local Police Courts
a) Allegations of Authority:
Police and municipal inspectors who witness a person committing an offense or misconduct should report it to the competent Local Police Court and summon the offender to appear at a hearing, indicating the date and time, under penalty of rebellion.
b) Violations of Traffic Rules:
Parking in prohibited places within 100 meters of the entrance of a hospital may be reported by the Carabineros. Violations of the alcohol law can only be reported by the Carabineros.
Summons to Court in Local Police Courts
The summons to court and the letter should be made in duplicate, with a warning to proceed in absentia, and must contain:
a) The reported data and, if known, the offender’s identity card number.
b) The competent Local Police Court and the day and time of the required appearance.
c) The alleged failure or breach, along with the place, date, and time of its commission.
d) The identity of the complainant and their job title.
Proceedings Initiated by Individuals
a) Claim, Complaint, or Suit: In such cases, the court order must be notified, and without prejudice to the civil action, a day and time will be set for a hearing to receive evidence and responses. Both parties must attend with all their evidence (witnesses, reports, experts, etc.). The hearing will be held with the parties in attendance.
b) Hearing for Evidence and Response: The law provides that the defendant’s defense may be made orally or in writing, and they may make comments on the request, leaving a written record.
c) The Counterclaim: This is a demand that the defendant brings against the plaintiff (counterclaim). The counterclaim will be processed in conjunction with the main action.
d) Reconciliation: After hearing the parties, the judge must call for a settlement on all matters relating to the civil actions brought.
e) Rules on Witnesses: In Local Police Court procedures, each party may present up to 4 witnesses, regardless of the number of disputed facts. This procedure does not admit witness evidence to prove the existence or date of an act involving the transfer of ownership of a motorized vehicle. (These are titles that transfer ownership from one person to another, e.g., a sale)
Stage of Sentencing in Local Police Courts
Findings of the Test: The judge evaluates the evidence and background of the case according to the rules of sound criticism. Similarly, the judge appreciates the complaint made by a police officer or a municipal inspector.
In assessing the evidence according to the rules of sound criticism, the court must state the legal, logical, scientific, or technical reasons for assigning value to or dismissing evidence. In general, the court will take particular account of the multiplicity, gravity, precision, and connection of the evidence.
Sentence: The sentence must be issued within 15 days from the date the trial is in a state of default. It must include:
- The date
- The background (data) of the parties
- A summary of the facts and arguments of the parties
- An analysis of the evidence
- Considerations of fact and law upon which the ruling is based
Enforcement of Judgments in Local Police Courts
Enforcement should be carried out before the same court that issued the sentence. The decision ordering execution must be served personally or by ballot.
Special Situations Under the Law
a) In the case of a first offense and a favorable record, the judge may choose not to apply a fine and instead verbally warn the offender.
b) If acquitted in traffic court, the clerk must give the accused a certificate stating their absolution, forgiveness, and the essential details of the complaint.
c) In municipalities where community service is an option, the judge may, upon the offender’s specific request and demonstration of a lack of financial means, commute the fine in whole or in part to community service.
Destination of Fines in Local Police Courts
The law stipulates that fines levied must be paid into the respective municipal treasury within 5 days. The treasurer shall issue a receipt in duplicate, delivering one copy to the offender and sending the other to the court.
Appeals in Local Police Courts
- Clarification – Correction – Amendment: Before the same court (attacking the form of the sentence).
- Replenishment: Before the same court (attacking the substance of the sentence).
- Appeal: Before the Court of Appeals (attacking the substance of the sentence).