Reforma Procesal Penal, primera parte

Summary

The video delves into Chile's judicial reform, focusing on the introduction of two new types of tribunals: the *Juzgados de Garantía* (Guarantee Courts) and *Tribunales de Juicio Oral en lo Penal* (Oral Trial Courts in Criminal Matters). These courts were created to enhance the fairness and efficiency of the criminal justice system, separating investigative and adjudicative functions. Guarantee Courts handle the protection of rights, sentencing, and enforcement of sentences, while Oral Trial Courts, composed of three judges, focus on judging criminal cases, managing preventive detention, and resolving trial-related issues. The reform, launched in 2000, aimed to modernize and improve the justice process in Chile.

Takeaways

• 😀 The video introduces an overview of the judicial power portal in Chile, specifically focusing on the reforms made in the criminal justice system.
• 😀 It highlights the transformation brought by the criminal procedural reform, one of the most significant changes in Chile's judicial system since the 1906 Penal Procedure Code.
• 😀 The criminal courts were the first in Chile to modernize their structure and functions as part of this reform, introducing two major judicial bodies: the Guarantee Courts and Oral Criminal Trial Courts.
• 😀 Guarantee Courts were created to ensure the protection of rights for all parties involved in the criminal process, including the victim and the defendant.
• 😀 These courts replaced the previous role of a single judge (the Judge of Crime), who was responsible for investigating, prosecuting, and sentencing. The new model divides these responsibilities among different judges.
• 😀 The Guarantee Courts are composed of one or more judges, working individually to handle cases within their jurisdiction. Currently, there are 91 Guarantee Courts across Chile.
• 😀 The functions of the Guarantee Courts include overseeing victim and defendant rights, conducting hearings, issuing rulings in abbreviated procedures, and making decisions on criminal sentences and security measures.
• 😀 In contrast, the Oral Criminal Trial Courts are collegial bodies, with three judges per court, one of whom is the presiding judge. There are 45 such courts in Chile.
• 😀 The main duties of the Oral Criminal Trial Courts are to judge criminal cases, decide on pretrial detention, and resolve issues arising during the trial.
• 😀 Both the Guarantee Courts and the Oral Criminal Trial Courts are part of the major judicial reforms aimed at modernizing Chile's criminal justice system and ensuring more equitable trials.

Q & A

What is the primary focus of the video script?

The video script focuses on explaining the creation of new judicial bodies in Chile as part of the *Reforma Procesal Penal*, particularly the *Juzgados de Garantía* (Guarantee Courts) and the *Tribunales de Juicio Oral en lo Penal* (Oral Criminal Trial Courts), and how these changes have impacted the administration of justice.

What are the key changes introduced by the *Reforma Procesal Penal* in Chile?

The *Reforma Procesal Penal* introduced significant changes, including the creation of the *Juzgados de Garantía* and *Tribunales de Juicio Oral en lo Penal*. These new courts replaced the former system where a single judge handled the investigation, accusation, and sentencing. The reform aimed to make the judicial process more transparent and efficient.

What were the roles of the old *Juez de Crimen* before the reform?

The old *Juez de Crimen* was responsible for investigating, accusing, and sentencing individuals in criminal cases. This system has been replaced by the *Juzgados de Garantía* and *Tribunales de Juicio Oral en lo Penal*, where these tasks are now divided among different types of judges.

What is the role of the *Juzgados de Garantía* (Guarantee Courts)?

The *Juzgados de Garantía* are responsible for ensuring the rights of the victim, the accused, and other parties involved in the legal process. They conduct hearings, issue sentences in abbreviated procedures, and resolve issues related to criminal penalties, including the execution of sentences and matters related to juvenile responsibility.

How are the *Juzgados de Garantía* structured and distributed across Chile?

The *Juzgados de Garantía* are typically composed of one judge per courtroom. There are currently 91 of these courts spread throughout Chile, ensuring broad territorial coverage.

What are the functions of the *Tribunales de Juicio Oral en lo Penal* (Oral Criminal Trial Courts)?

The *Tribunales de Juicio Oral en lo Penal* are responsible for judging criminal cases, including both crimes and simple offenses, except for those assigned to the *Juzgados de Garantía*. They also make decisions regarding the detention or release of the accused and resolve incidents during trials. These courts handle issues related to juvenile criminal responsibility and other special matters as defined by law.

How do the *Tribunales de Juicio Oral en lo Penal* differ from the *Juzgados de Garantía*?

Unlike the *Juzgados de Garantía*, which are typically composed of one judge, the *Tribunales de Juicio Oral en lo Penal* are collegiate courts, consisting of three judges, one of whom is designated as the president. The *Tribunales de Juicio Oral en lo Penal* are tasked with making judgments on criminal cases, while the *Juzgados de Garantía* handle preliminary matters and ensure the rights of involved parties.

What are some specific responsibilities of the *Juzgados de Garantía*?

The *Juzgados de Garantía* are responsible for conducting hearings, ensuring the rights of victims and defendants, issuing sentences in abbreviated procedures, and handling matters related to penalties, including the execution of sentences. They also address issues related to juvenile justice and other legal matters as prescribed by law.

How many *Tribunales de Juicio Oral en lo Penal* exist in Chile, and what is their composition?

There are currently 45 *Tribunales de Juicio Oral en lo Penal* in Chile, each composed of three judges. One of these judges is designated as the president of the court.

What impact did the creation of these new tribunals have on the Chilean judicial system?

The creation of the *Juzgados de Garantía* and *Tribunales de Juicio Oral en lo Penal* significantly transformed the Chilean judicial system by decentralizing the responsibilities of criminal judges, increasing transparency, and improving the efficiency of criminal trials. This reform was a major shift from the previous system where one judge handled all aspects of a criminal case.