Understanding Criminal Procedure: Key Concepts and FAQs
1. Trial Preparation Hearing
Who Conducts It and What Guarantees Are Involved?
The trial preparation hearing is conducted before a judge. This hearing guarantees the accused’s right to be heard and ensures a fair trial.
2. Personal Precautionary Measures
What Are They and When Can They Be Imposed?
Personal precautionary measures are actions taken against the accused that involve deprivation or restriction of liberty. These measures are imposed only when absolutely necessary to ensure the objectives of the legal proceedings and can only last as long as needed. They can only be ordered through a justified judicial decision.
3. Deadline for Closing the Investigation
What is the Legal Timeframe?
The legal deadline for closing the top investigation is 2 years.
4. Content of the Trial Preparation Hearing
What Happens During This Hearing?
At the beginning of the trial preparation hearing, the judge summarizes the submissions made by the parties involved. If the accused hasn’t exercised their rights, the judge allows them to make oral representations. The presence of the prosecutor and the defendant’s defender is mandatory. If the prosecutor doesn’t appear, the court must immediately address the issue and inform the regional tax authority. If the defender doesn’t appear, the court declares abandonment of the defense, appoints a public defender, and suspends the hearing for a maximum of 5 days to allow the appointed defender to familiarize themselves with the case. During the hearing, each party can make requests, comments, and proposals regarding the evidence presented by the other party. This helps determine if the evidence is purely dilatory, reduces the number of witnesses, or excludes invalid actions or proceedings.
5. Principles of the Trial
What Are the Guiding Principles?
- Principle of Publicity
- Principle of Orality
- Principle of Continuity
6. Appeal for Annulment
Grounds and Formalities
An appeal for annulment can be filed against the entire trial and its final sentence. There are two important areas within the action for annulment:
Grounds of Appeal of Nullity:
- a) When, at any stage of the proceedings or the pronouncement of the sentence, rights or guarantees secured by the Constitution or international treaties ratified by Chile have been substantially infringed.
- b) If, in the pronouncement of the sentence, there has been an erroneous application of law that has substantially influenced the ruling. If the appeal is based on this ground and argues the implementation of Article 376 of the CPP, the Supreme Court hearing must accurately indicate the failures in seeking different interpretations and include copies of rulings or publications with their full text.
Absolute Grounds for Invalidity:
The trial and sentencing will be annulled if:
- a) The sentence was pronounced by an incompetent court or judges not appointed by law; it was pronounced by a judge with a conflict of interest or whose disqualification has been declared; it was decided by fewer judges than required by law, or with the concurrence of judges who didn’t attend the trial.
- b) The trial hearing took place without the mandatory presence of judges, prosecutors, and the defense of the accused (as per sections 284 and 286 of the CPP).
- c) The defender was unable to exercise their legal powers.
- d) The trial violated rules established by the law on advertising and continuity of Judgment.
- e) The sentence doesn’t meet the requirements of Article 342 c), d), or e).
- f) The sentence was issued in violation of the requirements of Article 341, meaning the accused cannot be convicted of facts or circumstances not contained therein.
- g) The sentence contradicts another criminal sentence passed on res judicata.
7. Simplified Procedure
When is it Appropriate and What are the Requirements?
The simplified procedure is appropriate for crimes punishable by less than imprisonment or imprisonment in its minimum degree (not exceeding 540 days).
Requirements:
- a) Cases of faults
- b) Cases of simple facts constituting the offense for which the prosecution requires a sentence not exceeding imprisonment or imprisonment in its minimum degree.
8. Effects of the Formalization of Research
What are the Consequences?
- Suspension of the statute of limitations for prosecution
- Commencement of the deadline to close the investigation (2 years)
- The prosecution loses the power to temporarily close the investigation.
9. Compensation Agreements
What are They and How Do They Work?
Compensation agreements are an alternative outlet to criminal procedure. They involve an agreement between the accused and the victim, aiming for compensation for the latter. When judicially approved, they can lead to partial or total extinction of the defendant’s criminal liability.
10. Procedure for Payment
When is it Applied and What are the Requirements?
This special, short, and simple procedure is used for the criminal prosecution and punishment of offenses when only fines are sought.
Requirements:
- Identification of the accused
- A succinct account of the alleged facts, including time, place, and relevant circumstances
- Appointment of the infringed legislation
- Account of the facts or elements supporting the accusation
- Penalty requested by the applicant
- Identification and signature of the applicant
11. Extinction of Criminal Action
When Does it Occur?
Public prosecution is not extinguished. It can only be extinguished by the resignation of private prosecution and civil derivative of any crimes. If the offense requires a particular instance to be prosecuted, the victim’s surrender to report it extinguishes the criminal action, except for crimes against minors. The waiver only applies to the resigning party and their successors. Criminal action can only be brought against the perpetrators of the crime. Criminal liability only applies to individuals. Those involved in the criminal offense are subject to potential civil liability.
12. Definition of Victim
Who is Considered a Victim in Legal Proceedings?
A victim, in legal proceedings, is a person with rights that need to be protected and guaranteed by government bodies like the public prosecution, courts, police, and other subsidiary bodies.