Abstract

CARBONELL, Miguel  and  OCHOA REZA, Enrique. Comparative law against legislative reforms: The case of Chile. Rev. Derecho [online]. 2009, n.32, pp.271-305. ISSN 0121-8697.

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.

Keywords : Comparative law; criminal reform; accusatory criminal procedure system; civil society.

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