“A New System of Justice by the Bicentennial”

Santiago de Chile

February 2005

1. CRIMINAL REFORM PROCESS – NEW CRIMINAL JUSTICE SYSTEM
- Investigation separated from adjudication
- Oral and public trials
- More expedient, transparent procedures
- Quick criminal procedures and effective reassurances and reparations for victims
- Public prosecutors, who represent the people, pay preferential attention to victims and guide the actions of law enforcement
- Criminal prosecution funded by the State
- Contributes to the development of such values as truth, tolerance, respect and responsibility.

INVESTMENT
- Some US$ 570 millions are being invested in new infrastructure, technology, human resources and training.
- In information technologies alone, the investment comes to over US$ 26 millions.
- By 2005, resources allocated to Justice in Chile will have doubled.

HUMAN RESOURCES
- Personnel dedicated to prosecuting crime has risen by 400%
- Full-time professional and administrative personnel in the criminal justice system will increase from the current 1,500 people to 7,500.

UNDER THE REFORM, THERE WILL BE
- 809 judges (as compared to 244 judges prior to the reform)
- 642 public prosecutors
- 432 public defenders
- Over 5,500 people supporting the work of the key players in the new system.

ACHIEVEMENTS
- Speed: case processing ranges from 11 to 307 days , in contrast to the slower old system
- Efficiency: of every 100 crime reports in the system, 89 cases are closed (as of October 31, 2004)
- Transparency: 99% of court proceedings have been open to the public
- Through October 31, 2004, a total of 2,907 oral trials had been conducted, with a 90% conviction rate.

CONSTRUCTION OF 328 NEW BUILDINGS
- The new infrastructure will house 84 new Guarantee and Oral Trial courts, 150 prosecutors offices and 94 public defenders offices
- Over 2,227,000 square feet of new construction will be available
- The new construction will bring substantive urban renewal in many small and mid-sized cities.
- In sum, the total investment in infrastructure for all the new institutions is approximately US$ 300 millions

THE METROPOLITIAN REGION WILL HOUSE 5 JUSTICE CENTERS
- The construction of five Justice Centers will have a major urban impact in Santiago
- These hubs will house the new Guarantee and Oral Trial Courts, Prosecutors and Public Defenders Offices.
- Infrastructure investment in the Metropolitan Region comes to almost US$ 100 millions, with construction of 115,000 square meters
- The people will have better access to justice services
- Modern, functional infrastructure will be built

SANTIAGO JUSTICE CENTER
- The center will house some 3,000 employees from the judiciary, public prosecutors office, public defenders offices, law enforcement personnel and justice support institutions
- Some US$ 80 million will be invested in new infrastructure
- Over 538,000 square feetto be constructed
- 152 Guarantee courtrooms and 50 Oral Trial courtrooms to be built
- Over 50,000 square meters of new parks and plazas
- The center will service over 7,000 users a day

2. NEW SYSTEM OF FAMILY JUSTICE

ROLL-OUT OF THE NEW FAMILY COURTS
- Creation of a new judicature specializing in Family and Childhood takes effect October 1, 2005, absorbing the jurisdiction of the juvenile courts (which are transformed under the new law) and a substantive portion of cases heard in civil courts.
- Comprehensive, timely, participatory treatment will be given to family issues
- New procedure is oral, flexible, expedited and carried out before the judge
- Significant increase in specialized judges who will be advised by a team of experts in family matters
- Professionalized courthouse management.
- Family cases will be heard at a single courthouse, with abbreviated time frames for case processing and a direct relationship between the judges and the parties
- Courts will have jurisdiction over adoption, domestic violence, custody, alimony, visitation privileges, filiation, and marital break down, among others
- Peaceful dispute resolution mechanisms will be encouraged
- Family issue-adapted mediation techniques will be used and encouraged. This service will be free of charge to those unable to pay.

MORE JUDGES; SPEEDIER PROCEEDINGS

- The current 51 juvenile court judges, will be replaced by 258 family court judges plus 77 first instance judges with jurisdiction in this area

- Proceedings will be faster, with improved access to justice

- Some US$ 190 millions to be invested in new participants, training, infrastructure, equipment and information technologies.

NEW CIVIL MARRIAGE LAW
- Took force November 18, 2004, replacing legislation from 1884.
- Provides modern legal framework on marriage
- Provides effective protection for families in case of marital breakdown
- Solves a problem for thousands of Chilean men and women
- Priority is placed on averting negative effects of marital breakdown on the family, both in terms of the impact on children and on spouses
- Calls for annulment, legal separation and, for the first time in Chile, divorce (for specific reasons, mutual agreement and single-party preference)
- Allows religious ceremony to be performed prior to the civil proceeding. The former must be registered with the corresponding officials in order to produce effects under Chilean law.
- Family judges will handle these cases.

PEACEFUL SOLUTIONS - MEDIATION

- Law calls for conciliation and mediation in order to resolve disputes

- Disputes arising from marital breakdown will be addressed via mediation

- Special protection for the weaker spouse in economic terms, including compensation

- Annulment based on the lack of jurisdiction of the civil registry official repealed

3. NEW LABOR JUSTICE: MODERN AND EFFICIENT
- Bill at advanced stage in Congress
- Specialized courts in labor affairs to double
- Coverage and quality of labor justice to be improved
- Speedier processing of cases
- The procedure will be oral, expedited and before the judge
- Collections-specialized courtrooms will focus on collecting social security payments and other work-related obligations from employers
- Establishes a quick, effective system of justice that safeguards the rights of workers and employers.

4. COMPRENENSIVE MODERNIZATION OF THE PRISON SYSTEM
- Bolsters levels of public safety
- Does away with overcrowding and overpopulated prisons
- Modern prison policy with an accent on rehabilitation
- An ongoing source of conflict will be eliminated

CONSTRUCTION OF 10 MAJOR PRISONS THROUGH A PUBLIC CONCESSION SYSTEM
- Some US$ 280 million to be invested
- Unprecedented system of including the private sector in the construction of prisons
- Additional 16,000 new beds available in prisons
- 3,873,000 square feet of new infrastructure
- Security remains in the hands of the prison guards service (Gendarmería)
- High-tech security systems to be installed
- Accent on rehabilitation to prevent recidivism
- New prison designs fit in with the area and are urban development-friendly.

NEW PRISONS
Group 1: Iquique, La Serena and Rancagua
Group 2: Concepción and Antofagasta
Group 3: Santiago I, Valdivia and Puerto Montt
Group 4: Santiago II and VII Region

MODERNIZATION OF PRISON GUARD SERVICE
- Law on Gendarmería de Chile passed in 2003 provides for progressive increment in prison guard staffing
- Some additional 3,300 new guards will engage in security functions
- Institutional efficiency to be bolstered
- Guard service to be professionalized
- Improved working conditions for guards
- Around US$ 35 millions to be invested over three years.

5. NEW JUVENILE JUSTICE SYSTEM

JUVENILE CRIMINAL LIABILITY LAW
- Bill advancing through Congress (passage slated for 2005)
- Special system of justice for juvenile offenders, separate from system for handling children whose rights have been violated
- Effective punishment for juvenile offenders
- Specialized courts for offenders aged 14-18, independent of system for adults
- Proceedings will be oral and adversarial
- Trials will be faster and more transparent
- The development and social integration of incarcerated juveniles will be protected, and access to education, training and recreation provided
- Procedure used to determine juvenile discernment repealed

PENALTIES

- A broad array of non-custodial measures will be available, including reparations for harm caused, community service, probation, etc.

- Incarceration used in felony cases (homicide, armed robbery, etc)

- Special facilities for juvenile custodial measures (21 across Chile)

6.- EFFECTIVE PROTECTION OF CHILDREN

- System applicable to children to be overhauled
- Effective guarantees for equal opportunity for boys, girls and lower-income children
- Rapid response by the State to cases of violence, abuse, marginalization, exclusion and social discrimination
- Protection for boys, girls and adolescents whose rights are violated will be processed separately from the system for punishing juvenile offenders
- National Youth Service (SENAME) to be revamped.

NEW  LEGISLATION

- New law on Protection of Childhood and Adolescent Rights will replace current legislation on juveniles (bill pending in Congress).

- New law on SENAME will increase resources allocated to collaborating institutions and the standard of quality for the services they provide (bill in advanced phase in Congress).

REFORM OF THE NATIONAL YOUTH SERVICE
- Free, specialized care for boys, girls and adolescents suffering from violations of their rights
- Childhood Rights Protection Offices (OPD in Spanish) to be created
- The OPD will provide psychological-social counseling and legal advice to
- children and adolescents and their families who face exclusion, discrimination and a lack of access to basic services
- OPDs will represent the child or his/her family in courts in cases of abuse, sexual abuse, among others, and provide for their defense
- OPDs will work with a multidisciplinary team of professionals: attorneys, social workers and teachers. Over 330 professionals will work in this area
- By 2006, over 42 OPDs will be in operation, servicing more than 210,000 boys and girls whose rights have been violated
- The large scale orphanages will be converted into residence halls or family-style facilities.

7. NEW CRIMINAL CODE FOR THE 21ST CENTURY
- Substantive criminal law in Chile (crimes and their penalties) will be revamped. The current law took effect in 1874
- Judges will be given a broader range of penalties to assign based on how crimes are committed

OTHER REFORMS:

USE OF ALTERNATIVE DISPUTE RESOLUTION AS A PUBLIC POLICY IN THE JUSTICE ARENA
- The use of alternative dispute resolution mechanisms, such as mediation, conciliation, negotiation and arbitration, will be encouraged
- Work will be effected to develop a public policy in the field which seeks to reduce the judicialization of disputes, curtail congestion in courts and expand access to justice
- These mechanisms have been included in recent legislation such as the new Civil Marriage law, new Family Courts, Criminal Procedure Reform and the bill on Juvenile Criminal Liability
- These techniques are being incorporated into the institutions that provide free legal services to the needy.

NEW INTERNATIONAL COMMERCIAL ARBITRATION LAW
- Took effect in September 2004
- Provides access, in Chile, to alternative resolution mechanisms for international commercial disputes, expanding options for agreement and diminishing litigation costs
- The new law, with minor adaptations, is based on UNCITRAL model legislation
- Accent on making Chile a hub for arbitration services in the region.

ACCESS TO JUSTICE
- Work in progress on a new public-private model for legal assistance which provides timely, quality access to justice for the needy
- Efforts will be made to extend legal assistance to middle-income groups.

REFORM TO BANKRUPTY LAWS
- Bill in advanced phase in Congress
- Seeks to make the system of private administration of bankruptcy more transparent and strengthen the powers of the Superintendency of Bankruptcy
- Ensures clear rules for the economy.

CREATE A NATIONAL DNA REGISTRATION SYSTEM
- Approved by Congress, the system is slated to begin operating in 2005
- Establishes a national system of DNA registration (genetic fingerprinting) as a result of criminal investigations. The database can be accessed to help resolve subsequent crimes
- Will contain four types of registries: Convicts, Defendants, Victims, Evidence and Documentation
- The database will be confidential and can only be accessed by the Office of the Public Prosecutor and the Courts
- Criminal prosecutions and investigations will be more efficient; system will facilitate the determination of the guilt or innocence of a defendant.

AUTONOMY OF THE JUDICIARY AND JUDICIAL GOOD GOVERNANCE
- Seeks to provide greater operational autonomy and budgetary flexibility to the Judiciary, as well as improved judicial governance
- Conditions to be improved for the Judiciary so it can manage its resources and engage in more agile, efficient management
- Modifications to the Writ of Judicial Complaint and to the disciplinary system within the Judiciary
- Reforms to the system of non-judge attorneys sitting on appellate courts, to ensure their independence
- Enhancements to the system of appointments and assessments of members of the Judiciary.

REFORM TO CIVIL JUSTICE SYSTEM
- Phase One of the Civil Justice Reform is underway
- By late 2005 a draft bill should be ready for presentation to Congress.

REFORM TO TAX COURT SYSTEM
- Creates impartial, independent tax courts
- Creates specialized justice in tax issues
- Efficiency of administration of justice in economic matters will improve
- Greater equity in dispute resolution between the State and the private sector
- Improved competitiveness for Chile
- Progress in modernizing the State.