Classification and Structure of Chilean Courts

Posted on Oct 29, 2024 in Law & Jurisprudence

I. CLASSIFICATION OF THE COURTS

1. According to their Kind or Nature

This is the most important criterion for classification, as expressly stated by the legislature (Article 5 COT).

a) Ordinary: The ordinary courts are those regulated in the TOC, and are as follows:

• Judges of Letters in Civil
• Guarantee Courts
• Oral Criminal Courts
• Unipersonales Courts

Exception: Ministers of the Court of Appeals, Ministers of the Supreme Court, President of the Court of Appeals of Santiago, and the President of the Supreme Court act in this capacity.

• Appeals Courts
• Supreme Court

b) Special: Special courts are those outside the COT treaties and may or may not belong to the Judiciary. Among those in the Judiciary, and consequently subject to the superintendence of the Supreme Court, are Labour Courts, Juvenile Courts, and Military Courts in Time of Peace. Examples of those outside the Judiciary are the Senate, the Director of IBS, the Customs Court, the Constitutional Court, etc.

c) Arbitration: These are judges appointed by the parties or the court in lieu thereof, to deal with specific areas. Some authors do not include arbitration tribunals as a separate category, considering them just special. Other authors distinguish between perpetual and temporary courts, placing the referees in this second category and all other courts in the first.

2. According to Membership

Courts may be individual or collegiate. The main difference between them is the number of members (one or more judges). In the first, a single judge directs the process, while in the latter, the judges operate as a panel. In general, the lower courts are sole proprietorships, and higher courts are collegiate (the exception is the oral criminal court). Single-person courts can be distinguished between permanent and emergency.

3. According to the Continuity of Functions

Under this criterion, the courts may be permanent or accidental (or exceptional). The latter, in any case, do not violate the principle of discretion of the court, established in the Constitution (Article 19 No. 3 CPR), because although they are not permanently active, they always exist as such in law, constituted, organized, and with competence defined.

4. According to the Quality of its Members

Courts are lawyers if the judges who compose them are lawyers and illiterate otherwise.

5. According to the Enforcement of the Law

There are courts of law, which are those that deal with strict adherence to legal precepts. For their part, courts of fairness are those that do not fail in law but according to their inner conviction. It is said that ultimately the latter are also courts of law, as it is the law itself that empowers them to fail in consciousness.

6. According to their Roles in the Process

There are substantive courts (only active in the stage of processing or investigation), judgment courts (limited only to utter failure), and mixed courts. Criminal Procedure Reform has introduced a radical change at this point, given that mixed courts no longer exist in criminal matters, breaking research into an administrative entity (Public Ministry), the procedural conduct of the judge, and the failure to guarantee the Oral Criminal Court.

7. According to their Hierarchy

There are lower and higher courts for justice. The importance of this classification lies essentially in the constitutional merits of the charge (Article 48 CPR) and that the higher court decisions constitute jurisprudence as a source of law.

8. According to Court

According to the instance where the court hearing the business concerned, there are courts of first, second, and single instance. It should be stressed that the same court may know about certain matters at first instance, others at second instance, and some more unique.

9. According to their Source or Origin

We can distinguish courts of legal origin, judicial origin, and conventional origin.

III. COURTS OF GUARANTEE AND ORAL CRIMINAL COURTS

1. Concept

There are new categories of courts of first instance, incorporated by the criminal procedure reform. Guarantee Courts are courts that are collegiate, regular, lawyers, legal, and permanent, which exert their authority over a municipality or group of communes, which in the first instance handle all matters of criminal conduct related to pre-trial. For its part, the Oral Criminal Tribunals are courts that are collegiate, ordinary, lawyers, legal, and permanent, which exert their authority over a municipality or group of communes, which in the first instance handle all matters of a criminal nature. These judges are primarily regulated in Articles 14-26 TOC.

2. Judge Qualifications for Guarantee and/or Oral Criminal Court

Under the provisions of art. 248 TOC, all regulations concerning this matter for the judges of literature also apply to judges of courts and judges of oral criminal courts (Article 252 COT).

a) To be Chilean.

b) Having a law degree.

c) Have completed the training program for primary candidates to the ranks and, without prejudice to Article 284 bis COT.

d) Special Requirements:

• Lawyers outside the administration of justice: If you postulate for the office of Justice of the Commune or Commune Partnership, experience of at least one year is required.
• Capital Province or Court Seat Judge: We require the additional requirements of Article 284 b) TOC.

e) Have no incompatibilities or disabilities. (Articles 256-261 COT)

f) In addition to the above requirements, it is necessary to take into consideration the provisions of Article 280 of TOC, with respect to seniority requirements for promotion and promotions.

g) Finally, it must be remembered that judges, whatever their category, cease their activities at 75 years of age, except for the President of the Supreme Court (section 77 subsection 2 CPR) and the judges who were assets at the date of enactment of the Constitution (Article 8 transitional CPR).

3. Appointment

To be appointed, the Court of Appeals should call a competition for a period of 10 days to gather enough candidates to integrate the shortlist that is sent to the President of the Republic to make this choice. The shortlists for the office of Judge of Guarantee or Oral Criminal Court should be integrated by the supervising judge, court judge, or judge trial oldest letter in the lowest category qualified in the merit list and two members of the same category or immediately below, who have opposed the contest, chosen by merit.

4. Jurisdictional Territory

COT Article 16 states that each municipality will have at least one court of guarantee, then pointing to their numbers in every region and province, the municipality seat, the territory for which corresponds to each, and competence. For example, in the territory of metropolitan courts, there exist Guarantee 195 6y 196 Oral Court Judges, distributed in the different communes of the region.

5. Competition

a) Judges Guarantee:

• Ensuring the rights of the accused and other participants in criminal proceedings
• Directing audiences that come under the criminal procedure law
• Dictating sentences when appropriate, in the summary procedure
• Knowing and determining the criminal offenses
• Knowing faults and failing to comply with alcohol law
• Making criminal convictions and implementing security measures and resolving claims and claims relating to such implementation; and
• Knowing and resolving other matters entrusted to them by law

b) Oral Criminal Court:

• Knowing and judging the causes of crime or misdemeanor, except those which correspond to the court ruling Guarantee
• Resolving, if any, on the release or detention of the accused made available
• Resolving all incidents to be promoted during the course of the trial; and
• Knowing and resolving other matters entrusted to them by law

6. Organization

a) Courts of Guarantee will be formed by one or more judges with expertise in one jurisdictional territory, who act and resolve the issues before one-person knowledge.

b) Oral Criminal Court: There will be one or more chambers of three of its members. The room also can integrate other judges as alternates, only in cases where subrogation is necessary if there are judges disqualified or operating the situation envisaged in art. 281 inc. CPP final.

c) Committee of Judges: This exists in the courts of guarantee with 3 or more judges and all oral criminal courts and is comprised as follows:

• Courts judges or courts with 5 or less: It integrates all of them.
• Courts or tribunals with more than five judges: It is integrated by five judges elected by a majority every two years.

The Committee elects a president reelected last two years, who has the casting vote in case of a tie. The Committee’s functions are:

• To approve the procedure causes distribution
• Appoint the court administrator, from a list submitted by the president
• Rate annually to the court administrator
• To decide on the removal of the administrator
• Designate the court staff, from lists submitted by the administrator
• To hear appeals against the manager by removal of the Deputy Administrator, heads of units, or personnel of the court
• Define the draft budget plan submitted by the President to be sent to the Judiciary Administrative Corporation
• Other matters stipulated by law

d) Administrative Organization: The Courts and Tribunals Guarantee oral criminal trial will be organized into administrative units to fulfill the following functions:

• Room: Organizing and attending the hearings
• Public Care: Give proper care, information, and guidance
• Services: Support Work computer, accounting, administrative support for the work, supplies, etc.
• Administration Causes: Management of cases, registration processes, notices, hearings, filing, income, rolaje of cases, hearings of the detainees, updated database of causes, and basic statistics
• Support for Third: Proper care, guidance, and information to witnesses and experts. This only exists in the courts of oral criminal trial

IV. JUDGES OF LITERATURE

1. Concept

Judges of Literature are courts that are collegiate, regular, lawyers, and permanent law, to exercise their powers on a commune or group of communes, which in the first instance handle all matters not given to other courts (Principle of Plenitude of original jurisdiction). These judges are primarily regulated in Articles 28-48 TOC.

2. Requirements to Become a Qualified Judge (Article 252 COT)

a) To be Chilean.

b) Having a law degree.

c) Have completed the training program for primary candidates to the ranks and, without prejudice to Article 284 bis COT.

d) Special Requirements:

• Lawyers outside the administration of justice: If you postulate for the position of Judge of Commune or Commune Partnership, professional experience is required for at least a year.
• Capital Provincial Judge or Court Seat: We require the additional requirements of Article 284 b) TOC.

e) Have no incompatibilities or disabilities. (Articles 256-261 COT)

f) In addition to the above requirements, it is necessary to take into consideration the provisions of Article 280 of TOC, with respect to seniority requirements for promotion and promotions.

g) Finally, it must be remembered that judges, whatever their category, cease their activities at 75 years of age, except for the President of the Supreme Court (section 77 subsection 2 CPR) and the judges who were assets at the date of enactment of the Constitution (Article 8 transitional CPR).

3. Appointment

To be appointed, the Court of Appeals should call a competition for a period of 10 days to gather enough candidate members of the jury to be sent to the President of the Republic to make this choice. The shortlists for the office of Judge of Letters should be integrated as follows:

a) Judge of the Provincial Capital and Seat of Court: It is the oldest judge in the lowest category and two members of the same class or immediately below, on merit.

b) Judges of Arts Commune or Commune Grouping: It is formed by the most senior of the lower levels and with one or two members of the same class or immediately below, merit, or with one or two non-lawyers judicial power under Article 284 bis COT.

4. Features

These are inferred mainly from the concept and the classification criteria of the courts listed above:

a) Ordinary

b) Sole Proprietorship

c) Counsel

d) Law

e) Permanent

f) Responsible (civil, criminal, and disciplinary)

g) They have full competition in the first instance (either common or special)

5. Jurisdictional Territory

COT Article 27 provides that each district will have at least one qualified judge, while Articles 28-40 COT down their numbers in each region, the commune seat, the territory for which corresponds to each of them, and their competition. For example, in the territory of the metropolitan area are:

a) Civil Courts (all though they seat category Courts Court)

• i. 30 Judges with a seat in the municipality of Santiago and jurisdiction over the municipalities of the province of Santiago, with the exception of certain communes.
• ii. 4 courts with jurisdiction for the previous group excluded communities (San Joaquín, La Granja, La Platina, San Ramon, San Miguel, La Cisterna, El Bosque, Pedro Aguirre Cerda and The Mirror)
• iii. One court based in Puente Alto and jurisdiction in the communes of the Province of Cordillera.

b) Criminal Courts (before the reform)

• i. 36 courts with jurisdiction in the province of Santiago
• ii. 11 Courts for the communities exempted or who belong to the Court of Appeals of San Miguel
• iii. 3 Courts based in Puente Alto and jurisdiction in the communes of the Province of Cordillera

c) Common Jurisdiction Courts with:

• i. 3 based in San Bernardo and jurisdiction in this district and Calera de Tango
• ii. 2 based in Talagante and jurisdiction there, in El Monte and in Isla de Maipo
• iii. 1 based in Peñaflor and jurisdiction in this district and Padre Hurtado
• iv. 2 based in Melipilla and jurisdiction in the province, except Curacaví
• v. 2 based in Buin and jurisdiction in this district and Paine
• vi. 1 based in Hill and jurisdiction in the province of Chacabuco

6. Competition

Individual judges have the fullness of original jurisdiction in all civil cases (disputes or not), criminal, and even child labor, and there are no proper ad hoc tribunals in the respective place. We will discuss the elements of competition:

a) Amount: Determines the instance where in any particular case.

• i. Single Instance: Civil and commercial cases below 10 UTM.
• ii. In the first instance:
  • Civil and trade causes above 10 UTM or those of lower value but involving a person with greater immunity
  • Simple Crimes and Crimes (except those issued to the knowledge of Local Police Courts)
  • Faults contained in the Penal Code (provided that no local police Judge who is counsel)
  • Determine faults of the Penal Code, committed in the municipalities of Santiago, Quinta Normal, Ñuñoa, Providencia, Las Condes and The Queen
  • Infringements of the Law on Alcohol
• iii. Other matters entrusted to them by law

b) Material:

• i. Trials of Mines
• ii. Labour and Child
• iii. Trials of Finance
• iv. Contentious not judicial acts
• v. Possession Trials
• vi. Distribution of Water
• vii. Bankruptcy and Covenants
• viii. Enjoy a census

c) Whether or Person: All matters with a value of less than 10 UTM in which they are parties or interested persons specified in Article 45 N ° 1 G (whichever is greater). What matters of jurisdiction in this case is not the change of venue, but the lyrics Judges know at first, not only body, giving rise to the principle of double jeopardy and therefore the review by the superior.

There are also some cases of special jurisdiction of the Judges of Arts Commune, which is the Court of Appeals seat, such as:

a) Criminal cases involving a justice of the Commune of that jurisdiction.

b) Trial of Finance when the Treasury is the defendant.

V. EXCEPTION SINGLE JUDGE

1. Meaning

They are regular courts, sole traders, lawyers, law, and accidental, to exercise their powers in the first instance, knowing for certain matters entrusted to them by law. The law designates them to hear certain cases, according to the office they play or turn. Its territory coincides with the court or tribunal to which they belong. They are treated in Articles 50-53 COT. We will then analyze them in detail.

2. Minister of Court of Appeals (Article 50 TOC)

They have original jurisdiction and, as a time set by the relevant Court, hear the following cases:

a) Those mentioned in Article 50 No. 2 COT

b) Civil suits against judges of letters to establish its liability arising from the exercise of their functions.

c) Other laws entrusted to them.

3. Minister of the Supreme Court (Article 52 COT)

They are responsible for knowing:

a) Cases between the Corporation Causes of Nitrate and Iodine Sales and enterprises (Article 23 of Law N ° 12 033).

b) Crimes under the jurisdiction of Chilean courts, where they may affect international relations in the Republic with other states.

c) Passive Extradition.

d) Other laws entrusted to them.

4. President of the Santiago Appeals Court (Article 51 TOC)

a) Causes on the removability of the ministers of the Supreme Court.

b) Indictments and civil suits against the Tax deducted or ministers of the Supreme Court to give effect to ministerial responsibility.

5. President of the Supreme Court (Article 53 TOC)

a) Causes on the removability of the ministers of the Courts of Appeals.

b) Indictments and civil suits deducted to enforce the ministerial responsibility of the Prosecutor or Ministers of the Courts of Appeals.

c) Cause of Dams, passive extradition, and other matters to be tried under international law.

d) Other laws entrusted to them.

VI. COURT OF APPEALS

1. Meaning

They are ordinary courts, schools, lawyers, legal, and permanent performing their duties in a region or part thereof and are repositories of virtually all competition on appeal. There are 17 courts of appeals throughout our country, while the number of members varies in each. They are treated in Articles 54-92 TOC.

2. Requirements

To be a Minister or Attorney Court of Appeals, it is necessary to:

a) To be Chilean.

b) Having a law degree.

c) Comply with the requirements of Article 284 letter a) COT

d) Have passed the professional development programs to be Minister of Court of Appeals

e) Have demisting at least one year as a qualified judge, without prejudice to Article 280 of the COT.

f) Have no incompatibilities or disabilities. (Articles 256-261 COT)

3. Appointment

Ministers of the Courts of Appeals are also appointed by the President of the Republic, choosing from a shortlist made up of the Supreme Court, to be appointed, you must call to tender for a period of 10 days, candidates to gather enough members of the jury to be sent to the President of the Republic to make this choice. The shortlists for the post of Minister of Court of Appeals must be integrated, including the Judge of the Court Seat oldest based on merit and two judges of the Court of Appeal or members of the second or third category who have nominated for appointment.

4. Organization

The composition and structure of the Courts of Appeals are as follows, and in that order of hierarchy:

a) Ministers: Their number is variable in different courts. In the case of Santiago, after the enactment of Law No. 19 805, there are 31 ministers, divided into each of the nine rooms in which they divide during the special operation, but its President, who can integrate any room.

b) Prosecutors: Officers auxiliaries of the administration of justice, exercising public ministry collegiate courts, and whose immediate superior is the Prosecutor of the Supreme Court. The reform will belong to the organization of the Court of Appeals, to become part of Public Prosecutions.

c) Rapporteurs: Auxiliary of the administration of justice, charged with the relationship (methodical and systematic exposition of the contents of a file).

d) Secretary: Minister of Faith of the court. At the Court of Appeals of Santiago has three secretaries, one civil, one criminal, and one for work reasons, minors, local police, and Resources Protection.

e) Secretariat Officers: Officers subordinates.

5. Operation

The operation of the Courts of Appeal may be ordinary or extraordinary, depending on whether or not there is delay. Under Article 62 COT, it is understood that there is no delay in a Court of Appeals, where the quotient obtained by dividing the total number of cases in the state appeals board and known to be taken into account, including criminals, the number of rooms that have such court, is more than 100. We will discuss these two modes of operation:

a) Regular Operation: Day-to-day operations when there is no delay. In these circumstances, the Court must normally sit in the middle, except those that are more than four ministers (Santiago, San Miguel, Talca, Concepción, Temuco, and Valdivia). In these cases, function rooms are divided into three ministers each, drawn annually in January (if ministers do not reach complete with prosecutors and lawyers members). In the case of the Santiago Appeals Court, the ordinary operation is in 9 rooms (Article 61 TOC).

b) Special Performance: The courts must always work rooms divided into three members (if not attain the ministers, prosecutors, and lawyers complete with members). Each room is understood to represent the Court in its unity. Under the constant delay that exists in our courts, the courts work extremely long, generally referred to judicial affairs in the room, while the related functions tend to correspond to the full. The extraordinary performance of the Court of Appeals of Santiago is in 10 rooms.

6. Competition

a) In one instance:

• i. Appeal in Form against Judges Case Lyrics from its territory by one of its ministers or against final decisions of first instance judges referees.
• ii. Recurso of Nullity against final judgments by a court of the trial in Criminal Matters.
• iii. Recurso Complaint lodged against Judges of Arts, Local Police Judges, Judges, Referees, and other bodies which have jurisdiction within its territorial jurisdiction.
• iv. Extradición Activa.
• v. Solicitudes upon delivery of certain information, under the law of criminal procedure
• vi. Contiendas Competition between courts its territorial jurisdiction. (Article 190 COT)
• vii. Recursos Made.
• viii. Recusación Judges Letters of Ministers of the same Court of Appeals or experts appointed by it.
• ix. Reclamos of unlawful deductions against municipalities.
• x. Otros entrusted by law.

b) In the first instance:

• i. In Room:
  • Resources and Protection of Amparo
  • Others referred to it by law
• ii. In plenary:
  • Trials Lyrics removability of judges
  • Excesses of Deputies and Senators
  • Chapters Complaint
  • Related Functions

c) On appeal:

• i. In Room:
  • Civil, labor, and non-contentious acts they have met in the first instance judges Lyrics or Ministers Court of Appeals in its territory
  • Appeals filed against a Judge of Guarantee
  • Consultation of civil judgments rendered by a qualified judge
  • Resources Appellate Judges deducted against the local police or the Director of IBS
  • Others referred to it by law
• ii. In plenary:
  • Qualifications of members of the Judiciary (Article 275 inc.3 ° COT)
  • Appeals, Consultation and Cassation in Form for known causes for their president (this is exceptional only in Santiago – Article 64 TOC)

7. Understanding and Resolution of Issues

The Court of Appeals, because they are collegiate courts, cannot physically have direct contact with the file, thus imposing their content through relationship and the arguments of the parties. According to the procedures that are followed to the substance of the case, the Court of Appeals can work in two ways:

a) Note: In this case, the court finds merit in only the mind that makes the speaker (e.g., Appeal Judgement Interlocutory Appeals).

b) Upon hearing of the case: Unlike the previous one, in this case, knowledge of the matter is obtained after following a complex procedure, consisting of a series of performances, in which the account of the relator is only one of them. The stages of the hearing of the case are:

• i. Resolution Cars Value: This is the resolution that tells us that we are witnessing the trial of the case because otherwise, the resolution would Realize. Before its enactment, the case goes through a review of eligibility in the hall brought in the respective court, and only if approved will be issuing a decision. By express provision of Article 70 TOC, prior processing of the causes corresponds to the first room in those courts where there is more than one.
• ii. Notificación of the resolution: The state is checked daily.
• iii. Fijación of the Cause in Table: Is the inclusion of the case material in a list prepared weekly by the President of the Court. Normally, the table lists the causes chronologically according to the date they have been in a state of being seen (date of the decree on cars), but this can be altered for various reasons, such as:
  • Preferred Causes: Those that under the law must hear and determine in advance of the others, despite being chronologically later. In practice, what happens is immediately admitted to the table.
  • Causes added: They are listed in a separate table, prepared daily, and usually are related to matters which, by their gravity, cannot wait to be solved, such as Amparo Resources and Resource Protection.
  • Radica Causes: These causes, which do not alter the very order of the table, are an exception because no room is drawn thereon, as in all others, since, for some reason, its content has been previously known in one particular room (e.g., Innovate No Order), who later will be the only jurisdiction in any matter relating thereto.

In addition to the cases indicated, there are a number of causes, although included in the regular table, will not be on the day indicated, either by suspension of any of the parties or by agreement between them (up to 12:00 the day before the hearing of the case), or disqualification of any of the ministers of the Board or the court.

• iv. Notice of Allegations: According to the latest agreed rules and orders issued by the Santiago Appeals Court, it is required that all lawyers who wish to argue before the court personally direct the teller in charge of the case, in the first half hour of operation of the court, stating the length of the allegation and the part that is alleged. Otherwise, we lose the right to respond.
• v. Anuncio of the Cause: When the day indicated in the table for the hearing of the trial, the officer of the respective room comes to the placement of the case number for being viewed, in a conspicuous place, including clapping to call the attention of the parties. In Santiago, there are also some monitors that record this information in computational form.
• vi. Relación: The rapporteur made, and as we noted above, is a methodical and systematic exposition of the contents of a file. The rapporteur should especially give an account of the essential aspects of the process. The law also requires the teller to give an account of all substantial omissions noticed in the process, as well as the disciplinary notice. Until recently, the relationship was a secret action, but today it has become more flexible, and lawyers can also listen (relative secrecy).
• vii. Allegations: Are Oral defense lawyers can do the exercise enabled the profession to the High Courts of Justice are said to be orally because it is expressly forbidden to read. Besides the lawyers, applicants for the Judicial Assistance Corporation are allowed to plead. They usually last 30 minutes, and the appellant first claims. Finished presentations can be corrections made, and the Board may ask the lawyers to refer to specific points.

Concluding the allegations, ending the hearing of the case, can this be blocked immediately by the Court, or leave the decision in agreement, whether measures need to apply for adjudication, law reports, or simply to come to a better study the cause or the wording of the ruling.

1 .. Agreements Courts of Appeals: In order to guard against incidents in the vetting process and, to avoid discrepancies on the pronouncement of the ruling, our Court Charter establishes the institution of Courts Agreements Superior Court, establishing a set of rules on this matter, transforming it into one of the most regulated Organic Process Law (Articles 72 et seq COT):
a)) People who spoke to them:
i.. can only take part in the agreement, the judges who attended the hearing of the case and must all
ii.Si one dies, is removed or suspended, removed or retired, must repeat the hearing of the case.
iii.Si is impossible for any disease, it waits until 30 days, and repeated failure to appear the hearing of the case.
iv.No Notwithstanding above, it is not necessary to repeat the hearing of the case it will be possible to form with the remaining majority.
a)) How to Reach Agreement:
i.. They are secret (without prejudice we can ask for the participation of a junior reporter, or other).
ii.Si any of the ministers requires more study, suspending the debate and set a deadline to retake it, not exceeding 30 days if multiple request, or 15 if one only.
iii.Primero to resolve questions of fact. If problem arises on the facts in issue one or more, every issue will be resolved separately and resolved that issue and will serve as the basis for the decision of others.
iv.Establecidos the facts, we proceed to apply the law. If a dispute, subject to the same rules as for resolving questions of fact.
v.Resueltos all the facts and law, partial decisions form the basis for the issuance of the final resolution.
vi.Se vote in reverse order of seniority of ministers.
vii.Se be taken by absolute majority. Notwithstanding the foregoing, the term to be agreed where there is an absolute majority in the Resolution, and on at least a foundation of support for each point resolved.
a)) Discordia Votes:
i.. In civil matters governed Articles 86 and 87 COT Every opinion is voted on separately. If there is no majority, excluding the least voted and the vote is repeated. But there is a tie among the least voted and majority is not achieved to agree on exclusion, may be called as many judges as necessary for any of the views can form above. In this case, repeat the hearing of the case
ii.En criminal matters (Article 74 COT) In the event of a tie, a cousin to the more favorable to the accused. If equally divided as to which opinion is more favorable, one that premium has the vote of president.
a)) the subsequent formal agreement: the editor should be appointed a minister and the ruling must subscribe within three days of adopting the agreement. The decision should state the names of the judges, dissenting opinions and warnings if any (vote for most but for different reasons than those expressed at the failure).

VII .- SUPREME COURT

1 .. Concept: In an ordinary court, peer, legal, law and continuing wrongful possession of the superintendent directive, correctional and economic information on all courts in the Republic. Its main mission is to be a court of appeal, the case law setting, in addition to other kinds of competition. It is currently composed of 21 members and is headquartered in Santiago. It is the superior of all the Courts of Appeal of the country and in accordance with the Constitution, holds the Superintendency directive, correctional and economic of all courts of the republic. This treated between 93-104 articles in various Autos TOC and Agreed to the court itself, the last of them that dictation dated 1 April 1998, which establishes the distribution of causes between the chambers of the Court.

1 .. Requirements: To be a minister of the Supreme Court is required (Article 254 COT)
a)) to be Chilean.
b) Be a lawyer.
c) Comply with the requirements of section 283 COT (designation machines)
d) In the case of outside legal counsel to the judiciary, have worked for at least 15 years.
e) Not have disabilities or incompatibilities.

1 .. Appointment: Ministers are appointed by the President of the Republic, from a machine proposed by the Supreme Court itself, composed of the Minister of Court of Appeals oldest who is in the merit list and four other people according to their merit (even outside the judicial power).

1 .. Organization:
a)) Ministers: They are 21, one of which is its President, which lasts three years in office.
b) Attorney: 1
c) Secretary: 1. There is also a Deputy Secretary.
d) Speakers: 8

1 .. Operation: The same rule applies on knowledge and decision processes in the Court of Appeals, with the only difference that the tables are assigned by the President to each room according to the subject. Therefore, the Supreme Court may have two classes of operation:
a)) Regular: In this option, it works in three specialized rooms or exceptionally in full for some specific areas. The rooms consist of not less than five judges each.
b) Extraordinary: It is independent of delay, and is the sole discretion of the President of the Court. It is divided into four specialized divisions and is currently applied in our Supreme Court.

1 .. Competition: The halls of the Supreme Court, aware of all relevant issues not know the full, according to the following detail:
a) Appeals in the background.
b) Appeals No deduction form from judgments of Courts of Appeal or Arbitration Courts of law of second instance that know the areas of competence of these courts.
c) Resources for annulment against final decisions of the trial Court, Criminal, where appropriate.
d) Appeals and Amparo Protection Resources
e) Resources for review.
f) and consultations Economic Resource Amparo;
g) Appeal of judgments issued by the President of the Supreme Court on the grounds of Article 53 N ° s 2 and 3 of the TOC and chapters complaint.
h) Resources Complaint, even if the disciplinary action corresponds to the full.
i) Appeal for Redress in the view of accounts against the decision of second instance.
j) Requests for access to information or facilities, according to the law of criminal procedure.
k) Other than by the law.
The Supreme Court, by order agreed set every two years the specific matters to be aware of each of the four rooms in which they divide during the special operation (Civil, criminal, constitutional and mixed)

1 .. exclusive competence of the Plenum of the Supreme Court:
a)) Inapplicability Appeal by Unconstitutional Law;
b) Appeal of Parliamentary immunity;
c) Trial Sentencing Appeal of removability;
d) Appeal of Claim for Loss of Nationality, and
e) Disciplinary Measures

1 .. exclusive jurisdiction of the Supreme Court:
a)) Appeal in the Fund;
b) Review Appeal, and

VIII .- Special Court.

Are all those courts that, although not expressly covered in the Organic Code of Courts, have the quality of such special laws because they have been established with these powers.

Although the special term is too broad and could include a wide ocean of bodies, here the doctrine is strictly limited by the provisions of article 5 inc.3 ° COT, Which states that are part of the judiciary, as special courts, juvenile courts Lyrics, Lyrics Courts of Labour and the Military Courts in peace ….

1 .. Military Courts in Time of Peace: They are covered under Article 1-102 of the WJC, and are established on the basis of the principle that jurisdiction as an element of competition, that is, benefit all those who must litigate against members of the armed forces, whose rank or investiture could intimidate or affect the self-determination of a civil judge. The jurisdiction of these courts is determined on the basis of three key elements:
a)) Ratione Temporis: Varies depending on competition if there is war or peacetime.
b) ratione materiae: Know crimes affecting legal rights of military and can meet only in exceptional civil matters.
c) Ratione Personae: It operates in Chile, they can judge both civilians and military.

The jurisdiction of these courts, which as already indicated, only integrate the judiciary in times of peace (important for the supervision of the Supreme Court), is as follows:
a)) strictly military crimes (against state security or the honor or military duty).
b) Terrorist Offences concerned is when the armed forces or police.
c) Complaints submitted to it special.
d) common crimes committed by soldiers in times of war, being in season, during military service or military sites.
e) civil cases that arise from the crimes mentioned above.

Article 13 CJM, signal that peacetime military exercise jurisdiction, the Supreme Court and the following organs:
a)) Institutional Courts: There are 3 Naval, Military and January 7 Aviation. They are one-person courts, lawyers, legal and permanent, whose role is primarily sentencing at first instance.
b) Prosecutors: Judges are substantiated in the first instance and there in all branches of the armed forces
c) Court Martial (or Naval): These are special courts, schools, lawyers, legal and permanent, with all the competition in second instance. The Court Martial is composed of two ministers of the Santiago Appeals Court, the Auditor General of Air Force and the Police, and a colonel on active duty (much criticized for opposing the independence of judges and because it involves military majority in court .)
d) Auditors: Are Lawyers Courts Institutional Advisors, which also make up the court-martial in peacetime, and even the Supreme Court in times of war.

Lyrics 1 .. Labour Courts: These are special courts, coaching, counsel, legal and permanent, to exercise their powers in a municipality or group of communes assigned by law, with power to adjudicate disputes arising from those applying labor standards, pension and social security. The existence of these courts, in addition to the specialty by the terms of the issues they know, have other reasons that justify additional:
a)) The need to protect the rights of the parties, usually mixed.
b) Psychological reasons for the benefit of workers.
c) is a relatively new law and socially relevant.

In general, these courts have the same composition as the Judges of Arts civilians and the same workload. Pursuant to section 390 in the CT, the jurisdiction of these courts is as follows:
a)) Conflicts between employees and employers through the application or interpretation of labor laws, collective agreements or individual employment, collective agreements and arbitration awards in labor matters.
b) Issues and Claims for application or interpretation of rules or social security provision.
c) Other matters which the law confers on their knowledge.

Lyrics 1 .. Juvenile Courts: These are special courts, coaching, counsel, legal and permanent first instance jurisdiction in civil and criminal matters involving a minor. Since the enactment of Law No. 19 221, most acquired at age 18. The composition of these courts is similar to that of the Judges of Arts in Civil, with the difference that has a social justice (Article 457 COT) and ad-hoc host. In Santiago there are six juvenile courts, four of whom are civilians and the remaining two have criminal jurisdiction.
a)) Civil Jurisdiction:
i.. Tuition of Children.
ii.Patria Powers.
iii.Emancipación.
Food iv.Demandas deducted by minors or by adults together with children.
v.Adopciones.
vi.Otras civil matters related to the care of minors.
a)) Crime Competition:
i.. Issuing the resolution on insights of children between 16 and 18 years of age. CP Under Article 10, children under one years without criminal liability, while the full capacity is acquired only tort 18.
ii.Conocer of the faults, crimes or offenses in which they appear simple defendants under 16 years and may take the following protective measures:
ix. Returning the child to your tutor, with a caution.
x. To subject to probation.
xi. Trust your care to special educational establishments or other type (juvenile prison).
xii. Trust your care to any proper person to be willing to serve.

IX .- Arbitral Tribunal.

1 .. Definition: The arbitrator is a judge appointed by the parties or the court, to resolve certain issues in dispute (Article 222 COT) Its resolutions have value and produce judicial decision res judicata, but lack of the rule, so that implementation of them, when they require compulsory measures, corresponding to the ordinary courts.

1 .. Rating:
a)) The origin of the name: conventional, legal or illegal.
b) The grade: first, second or last instance.
c) The number of members: single person or college.
d) According to their quality: By law, arbitrators or Mixed.

1 .. Referee of Law: Its main feature is that both in the proceedings, as in the promulgation of the decision, must act strictly in accordance with the law. Are the rule on arbitration, apply supplementally in silence of the parties and arbitrator is the kind of proceeding in cases of compulsory arbitration.

1 .. Arbitrator Arbitrator: Those who fail to conscience or equity, and that in regard to procedure, are only subject to the rules stipulated by the parties. Without prejudice to the freedom of parties to establish the procedure is required as a prerequisite to respect the minimum standards of due process, and compliance with certain formalities essential syndicated by law (Article 796 CPC), specifically:
a)) The true location of the parties.
b) Add the process of the instruments presented by the parties.
c) To subpoena them to the other party for a chance to contest the evidence.

1 .. Joint Referee: Is that an arbitrator regarding the proceedings is to the stipulations of the parties, but that right must fail.

1 .. Qualifications Referee: There are several requirements that a person must possess to be a referee, as well as a number of conditions not be fulfilled by whoever wield such a quality:
a)) positive requirements (Article 225 COT)
i.. Having 18 years.
ii.Tener free administration of their property.
iii.Saber read and write.
For referees iv.En of law or mixed, and you must be a lawyer.
a)) Requirements Negatives: (Article 226 COT)
i.. Do not be part of, except in the case of Articles 1324 and 1325 CC.
Judge ii.No be the substance of the case without prejudice to Article 317 COT
iii.No be a Justice lawyer, minister or attorney Court of Appeal or Supreme Court.
iv.No be notarized.
v.No be affecting the grounds of disability or incompatibility (whether the appointment is conventional, this requirement is no impediment to the appointment, unless the causal occurrence of the appointment)

1 .. matter of Arbitration:
a)) Forced (Article 227 COT)
i.. Liquidation of joint property or a partnership or limited civil and communities.
Real ii.Partición.
iii.Cuestiones gives rise to the filing of the account manager or liquidator of commercial companies and other accounts judgments.
iv.Diferencias corporation between partners, between partners in a partnership or limited commercial, or between partners of a share, in the case of Article 415 C. Com
v.Demás determined by law.
a)) Forbidden: (Articles 229 and 230 COT)
i.. Food.
Real ii.Separación.
Criminal iii.Causas.
Local Police iv.Causas.
v.Diferencias between a legal representative and his client.
vi.Demás issues that must be heard the public prosecutor
a)) Allowed: (Article 228 COT) are subject to arbitration all matters not covered between arbitration cases prohibited. The general rule is arbitration allowed, since no one can be submitted to arbitration against their will, except in cases of compulsory arbitration.

1 .. Sources of Arbitration:
a)) The Law: The remote source of the arbitration. It is a particular source when designated body for conflict resolution (arbitration cases forced).
b) Testament: A restricted source which could only be the appointment of an arbitrator on this road, to carry out the distribution of the estate. In addition, the heirs can withdraw this nomination, and to carry out the partition agreement.
C) Will of the Parties: In that case, the constitution of the arbitration can be done in two ways:
i.. Commitment: It is the convention whereby the parties subtracted certain litigation matters, present or future, knowledge of the ordinary courts, and delivered to one or more arbitrators appointed specially for this purpose. As this is a convention , required to meet all the requirements for legal acts, as well as to be in writing (Article 234 COT) Its core elements are 1) the identification of the parties, 2) the name of the referee and, 3) the material referred to arbitration. For its part, the elements of nature are 1) Quality of the arbitrator (if nothing is said to be in law), 2) Running Time (if nothing is said will be 2 yrs), and 3) Location of operation (if nothing is said will be the place of commitment).
ii.Cláusula compromissoire: Unlike commitment, and as its name implies, this is just a clause inserted into another separate agreement with a different parent object. Commitment is further distinguished in that here the designation of the person of the referee is of the essence, it can be designated later, once the conflict arises. Finally, it is solemn but consensual.
a)) Judicial Resolution: The fourth mode of appointment of an arbitrator is through the opinion of a judge. Normally, we proceed in this way in cases of compulsory arbitration in the arbitration clauses in which the parties have not appointed an arbitrator, or, in other cases in which the person designated to refuse the appointment or is unable to fill the serve, and in general, the absence of agreement between the parties. The judicial appointment of the arbitrator is in conformity with the rules established for the appointment of experts (Article 414 CPC).

1 .. Arbitration Procedure: Regardless of the quality of the arbitrator, once appointed, there are a series of steps or stages that must be met.
a)) Notice: In fact, after the designation, it must be communicated to the arbitrator, usually in person.
b) Installation of the Court: Upon being notified, the referee must decide whether it accepts or rejects the request. If accepted, we are in the presence of known Compromiser Agreement, which has as parties to the referee on the one hand (the obligation of faithful and timely fulfillment of your order) and the parties in conflict on the other (obligation to pay professional fees) . The first performance of the referee is the appointment of a minister of faith, which will act as Clerk of Court, attesting to the validity of the resolutions.
c) Procedure: As we have indicated, the actions, procedures and diligence that comprise the procedure will vary depending on the quality of the referee. (Title VIII, Book III, CPC, Articles 628-644) Notwithstanding that there are certain steps that can be recognized in either case:
i.. Notice of appointment;
ii.Aceptación;
iii.Juramento;
iv.Primeras Resolutions;
v.Procedimiento;
vi.Sentencia; and
vii.Ejecución the ruling.
a)) Failed: The award must be delivered within the agreed time period for arbitration. If the court is collegial and there is no agreement, the fund will be resolved by the court to be heard by the Appeal. If there is no such tribunal, the commitment falls apart and the matter goes to the knowledge of an ordinary court or a new arbitrator if the field of compulsory arbitration.
b) Execution of the Judgement: It is usually at the same arbitrator, except in cases of decisions that require the adoption of compulsory measures, in which case recourse must be had to the common court of the case would have known if it has been agreed to arbitration under the rules competition.
c) Resources: In the case of the arbitrators of law or mixed, apply the same resources as for the ordinary courts, that is, appeal, complaint, appeal and cassation in the form at the bottom. In contrast, in the case of an arbitrator arbitrator, applicable only complaint (should always), the appeal in form, and eventually the appeal if an arbitral tribunal appointed second instance.