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| General Prosecutor of Chile | |
|---|---|
| Post | General Prosecutor of Chile |
| Native name | Fiscal Nacional de Chile |
| Incumbent | Jorge Abbott (example) |
| Incumbentsince | 2015 (example) |
| Formation | 1991 |
| Inaugural | Hugo Morales (example) |
| Website | Fiscalía Nacional |
General Prosecutor of Chile
The General Prosecutor of Chile is the head of the Public Ministry, the institution responsible for criminal prosecution within the Constitution of Chile, overseeing coordination with the Carabineros de Chile, Investigations Police of Chile, and Chilean courts including the Supreme Court of Chile and Court of Appeals of Santiago. The office interfaces with bodies such as the Ministry of Justice (Chile), the National Congress of Chile, and the Defensoría Penal Pública while implementing provisions from laws like the Organic Law of the Public Ministry and the Criminal Procedure Code. The General Prosecutor engages with international instruments and organizations including the Inter-American Court of Human Rights, the United Nations Office on Drugs and Crime, and bilateral agreements with the United States Department of Justice and European Union legal cooperation mechanisms.
The office originated during the democratic transition following the end of the Pinochet dictatorship and the reforms enacted under presidents such as Patricio Aylwin and Eduardo Frei Ruiz-Tagle, replacing earlier prosecutorial arrangements tied to the Judicial Power of Chile. The 1991 establishment followed debates in the National Congress of Chile and consultations with jurists from institutions like the University of Chile, the Pontifical Catholic University of Chile, and the Chilean Bar Association (Colegio de Abogados). Early conflicts involved interactions with the Military Justice system and cases stemming from the Rettig Commission and the Valech Report addressing human rights violations. Subsequent reforms under administrations of Ricardo Lagos and Michelle Bachelet expanded the office’s autonomy and its coordination with entities such as the Public Ministry of Spain and the Organization of American States.
The General Prosecutor directs criminal investigations carried out by the Investigations Police of Chile in coordination with the Carabineros de Chile and presents charges before the Oral Criminal Courts (Chile), the Special Criminal Courts and appellate tribunals including the Supreme Court of Chile. Responsibilities include supervising prosecutors across regional offices like the Fiscalía Metropolitana and enforcing compliance with statutes such as the Code of Criminal Procedure (Chile), antitrust litigation involving the Fiscalía Nacional Económica, anti-corruption probes related to the Consejo para la Transparencia, and transnational cooperation with the Interpol and the International Criminal Court. The office manages victim protection protocols involving agencies like the National Service for Minors (SENAME) and coordinates forensic inputs from the Medical Legal Service (SML).
The General Prosecutor is nominated through a selection process involving the Supreme Court of Chile, the President of Chile, and ratification mechanisms within the Senate of Chile reflecting principles derived from the Constitution of Chile and statutory frameworks. Candidates are typically senior members of the Chilean judiciary, former prosecutors from the Public Ministry (Chile), or academics from institutions such as the Academy of Criminal Law at the University of Chile and the Pontifical Catholic University of Valparaíso. Terms and removal procedures reference precedents from cases adjudicated by the Constitutional Court of Chile and are informed by standards used by counterparts like the Attorney General of the United States and the Director of Public Prosecutions (United Kingdom).
The office comprises a central administration seated in Santiago and regional prosecutor offices across Región Metropolitana de Santiago and regions such as Valparaíso (region), Biobío Region, and Magallanes Region. Divisions include specialized units addressing crimes against persons, financial crimes involving the Superintendencia de Valores y Seguros, environmental crimes linked to the Superintendencia del Medio Ambiente, and human rights cases overlapping with the Human Rights Commission of Chile. The General Prosecutor appoints regional chiefs, supervises the training academy in collaboration with universities like the Diego Portales University, and manages budgets in coordination with the Ministry of Finance (Chile) and the Comptroller General of the Republic of Chile.
Notable holders have included prosecutors who later interacted with high-profile investigations into events such as the Caso Caval, the Penta Case, and human rights trials connected to the Operación Colombo legacy. Individuals have had prior roles within institutions like the Office of the Prosecutor (International Criminal Court), the United Nations Development Programme technical cooperation projects, or academia at the Adolfo Ibáñez University and the University of Concepción. Some holders have been central in prosecutions involving politicians from parties like the Christian Democratic Party (Chile), National Renewal (Chile), and Socialist Party of Chile.
Controversies have arisen over alleged politicization during scandals such as media coverage by outlets like El Mercurio, La Tercera, and Radio Cooperativa, debates before the Senate Judiciary Committee, and judicial reviews by the Court of Appeals of Santiago. Reforms proposed or enacted involved amendments to the Organic Law of the Public Ministry, oversight mechanisms with the Comptroller General of the Republic of Chile, and proposals from civil society groups including Human Rights Watch and the Instituto Nacional de Derechos Humanos. International critiques from bodies like the Inter-American Commission on Human Rights and cooperation with the European Union Rule of Law Mission have influenced modernization efforts, transparency initiatives, and capacity building within the prosecution service.
Category:Law of Chile Category:Judiciary of Chile