Speaker: Katty Kauffman

While much has been written in Spanish, and to a certain extent in English, about the criminal procedure reforms sweeping Latin America, scant information is available that describes the novel process itself.  During this session the speaker will provide a detailed review of one of the most successful such reforms in the region, the revamped system of criminal prosecution in Chile, and its sister reforms in Oaxaca and Chihuahua.  Parallels will be drawn with the U.S. system.  An extensive glossary will be provided.  The three-hour session will be in English and Spanish.

In December 2000, Chile’s new code of criminal procedure came into effect, replacing the former written, secret, inquisitional system in place since 1907 with an oral, public, adversarial procedure. In addition to modifying bodies of law, the complex reform process included the installation of a series of new institutions, from public prosecutors to defenders and brand-new criminal courts.  Roll-out concluded on June 16, 2005, bringing the new criminal procedure into force across the entire country.

Under the new system, prosecutors replace judges as the lead investigators into criminal activity.  Thus, following case initiation a proceedings commence with a presentment hearing, followed by a complaint hearing, a formal investigation, the filing of an accusation, preparations for trial and the trial itself (in a single-judge Guarantee Court or before a three-judge panel in an Oral Trial Criminal Court depending on the specific circumstances of the case), a verdict, appeals to the Appellate and Supreme Courts, and sentence implementation overseen by the Guarantee Court.  Each of these phases will be described during the seminar. 

The system implemented in Oaxaca and Chihuahua drew heavily on the Chilean model.  The speaker will point out relevant differences in procedure and terminology as necessary.

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