El Derecho Comparado frente a las reformas legislativas: El caso de Chile

In the light of the importance of comparative law in order to analyze the development of contemporary legal systems, this essay deals with the reform of Chilean criminal justice system. Its peculiarity (which distinguishes that reform from the others initiatives in criminal matters), are because of...

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Bibliographic Details
Main Authors: Carbonell Sánchez, Miguel, Ochoa Reza, Enrique
Format: Article
Language:Spanish
Published: Universidad del Norte: Ediciones Uninorte 2009
Subjects:
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=3648099
Source:Revista de derecho: División de Ciencias Jurídicas de la Universidad del Norte, ISSN 0121-8697, Nº. 32, 200935 pags.
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Summary: In the light of the importance of comparative law in order to analyze the development of contemporary legal systems, this essay deals with the reform of Chilean criminal justice system. Its peculiarity (which distinguishes that reform from the others initiatives in criminal matters), are because of two features, namely, to the late 1990s, the Chilean criminal justice system was one of the systems with greater proximity to the pure inquisitive model, and was also one of the latest systems in Latin America to begin with the process of transformation towards an oral accusatory system. It is remarkable in the essay the participation of civil society in the reform process and in the discussion of the way in which the change of the criminal system in Chile was approved by the oral accusatory, as well as the six main elements of the reform. The problems that led to the gradual implementation of the reform also deserve the attention of the authors. Finally, the challenges ahead are explored