Constitutional Rights and Legal Guarantees in Chile
Article 19. The Constitution guarantees all persons:
The right to life and physical and mental integrity. The law protects the life of the unborn. The death penalty can only be established by law for offenses under a qualified quorum. It prohibits the use of all illegal pressure.
Equality before the law. In Chile, there are no privileged persons or groups. Slavery is abolished, and anyone who steps on Chilean territory is free. Men and women are equal before the law. Neither the law nor any authority may establish arbitrary differences.
Equal protection of the law in exercising rights. Everyone has the right to legal defense as indicated by law, and no authority or individual shall prevent, restrict, or disrupt the proper intervention of counsel. Members of the Armed Forces and Police are governed by their respective statutes in administrative and disciplinary matters. The law shall provide the means to provide advice and advocacy to those who cannot procure it themselves. No one shall be tried by special commissions, but by the court determined by law and established before the perpetration of the act.
Respect and protection of privacy and honor.
Sanctity of the home and private communications. The home may only be searched, and private communications and documents intercepted, opened, or registered under circumstances and in the manner specified by law.
Freedom of conscience. The expression of all faiths and the exercise of all religions not contrary to morals, good customs, or public policy.
The right to personal freedom and individual security. Therefore:
- Everyone has the right to reside and remain in any place in the Republic, move from one place to another, and enter and leave its territory, provided they comply with the law and without prejudice to third parties.
- No person may be deprived of personal liberty or be restricted except in the cases and manner prescribed by the Constitution and laws.
- No person may be arrested or detained except by order of a public officer expressly authorized by law and after such order has been legally presented. However, a person may be arrested if caught in flagrante delicto, solely to be made available to the competent judge within twenty-four hours.
- No person may be arrested or detained except at home or in public places designated for this purpose. Prisons may not accept anyone arrested or detained, tried, or imprisoned without recording the appropriate order issued by a legally authorized authority in a public register.
- The liberty of the accused shall be granted unless the arrest or detention is deemed necessary by the judge for investigations or the safety of the victim or society. The law establishes the requirements and conditions for obtaining it.
- In criminal cases, the accused or defendant cannot be compelled to testify under oath about their own actions, nor can they be compelled to testify against their ancestors, descendants, spouse, and others, as specified by law.
- The penalty of confiscation of goods may not be imposed, except in cases provided by law, such as racketeering.
- No penalty may involve the loss of pension rights.
- Once a final dismissal or acquittal has been issued, anyone who has been prosecuted or convicted in any instance and whose conviction has been declared unreasonably erroneous or arbitrary by the Supreme Court is entitled to be indemnified by the State for the economic and moral damages suffered. Compensation shall be determined by a court in a brief and summary procedure.
Right to live in a pollution-free environment. It is the duty of the State to ensure this right and promote the conservation of nature. The law may establish specific restrictions on the exercise of certain rights or freedoms to protect the environment.
The right to health protection.
The right to education. Education is directed to the full development of the individual at different stages of life.
The freedom to express opinions and disseminate information without prior censorship.
The right to peaceful assembly without prior permission and without weapons. Meetings in squares, streets, and other public places shall be governed by general police provisions.
The right to form associations without prior permission.
The freedom to work and its protection.
The right to social security.
The right to organize in the cases and manner provided by law. Trade union membership is always voluntary. Trade union organizations shall enjoy legal personality by the mere fact of registering their statutes and constitutions in the form and manner prescribed by law. The law shall provide mechanisms to ensure their autonomy. Trade unions shall not intervene in partisan political activities.
The right to develop any economic activity that is not contrary to morality, public order, or national security, while complying with legal regulations.
Non-arbitrary discrimination in the treatment provided by the State and its bodies in economic matters.
The right of ownership in its various forms, on any kind of tangible or intangible property.
Assurance that legal provisions mandated by the Constitution to regulate or complement the established guarantees, or that limit them where consented, shall not affect rights in their essence or impose conditions, taxes, or requirements that prevent their free exercise.
Article 1. Single Trial and Persecution
No person shall be convicted or punished or subjected to one of the security measures established in this Code, except under a sentence based on a decision by an impartial tribunal. Everyone has the right to a trial, oral and public, conducted in accordance with the rules of this body of law. A person convicted, acquitted, or dismissed by a final sentence shall not be subject to further criminal proceedings for the same act.
Art. 2 Natural Judge
No one shall be tried by special commissions, but by the court determined by law and established before the perpetration of the act.
Article 4. Presumption of Innocence
No person shall be deemed guilty and treated as such until proven guilty by a final decision.
Art. 5 Legality of Measures Depriving or Restricting Freedom
No one may be summoned, arrested, detained, held in pre-trial detention, or subjected to any other form of deprivation or restriction of liberty, except in the cases and manner outlined by the Constitution and laws. The provisions of this Code authorizing the restriction of freedom or other rights of the accused or the exercise of any of their powers shall be interpreted restrictively and cannot be applied by analogy.
Art. 6 Protection of the Victim
The prosecution is required to ensure the protection of the victim of crime at all stages of criminal proceedings. The court shall ensure the validity of their rights during the procedure.
Article 93. Rights and Guarantees of the Accused
Every defendant is entitled to enforce, through the end of the process, the rights and guarantees provided by the law. In particular, the right to:
- Be informed specifically and clearly about the facts being impeached and their rights under the Constitution and laws.
- Be assisted by a lawyer from the initial acts of investigation.
- Request the tax measures of investigation to refute the allegations made against them.
- Request the dismissal of the case and appeal against a decision that rejected it.
- Remain silent or, if consenting to give evidence, to do so under oath.
Article 94. Accused in Custody
A person deprived of liberty shall, in addition, have the following guarantees and rights:
- To be specifically and clearly informed of the reason for their imprisonment and, except in cases of flagrante delicto, to be shown the order that authorizes it.
- To request the court to grant them freedom.
- To have the officer in charge of the police station inform, regardless of whether it is conducted in their presence, the family or the person they indicate, that they have been arrested or detained, the reason for the arrest or detention, and the place where they are held.
- To meet privately with their lawyer, according to the detention facility’s regulations, which only refer to restrictions necessary to maintain order and security of the site.
- To receive visitors and communicate in writing or by any other means.
Section 139. Grounds for Remand
Everyone has the right to personal freedom and individual security. Preventive detention shall be applied when other personal protective measures are deemed insufficient by the court to ensure the aims of the procedure, the safety of the victim, or society.
Basic Principles
Article 1. Single trial and persecution. No person shall be convicted or punished or subjected to one of the security measures established in this Code, but under a sentence based, dictated by an impartial tribunal. Everyone has the right to a trial, oral and public, developed in accordance with the rules of this body of law.
A person convicted, acquitted or dismissed by final sentence definitely not be able to undergo further criminal proceedings for the same act.
Art. 2 Natural judge. No one shall be tried by special commissions, but by the court to be determined by law and established by it shall be found prior to the perpetration of the act.
Article 4 ยบ. Presumption of innocence. No person shall be guilty and treated as such as not guilty by a final decision.
Art. 5 Legality of measures deprivation or restriction of freedom. You may not cite, arrest, detain, detained pending trial or apply any other form of deprivation or restriction of liberty of any person, except in the cases and in the manner outlined by the Constitution and laws.
The provisions of this Code authorizing the restriction of freedom or other rights of the accused or the exercise of any of his powers shall be interpreted restrictively and can not be applied by analogy.
Art. 6 Protection of the victim. The prosecution is required to ensure the protection of
victim of crime at all stages of criminal proceedings. For its part, the court under the law ensure the validity of their rights during the procedure.
Article 93. Rights and guarantees of the accused. Every defendant is entitled to enforce, through the end of the process, the rights and guarantees provided by the law. In particular, the right to:
a) To be informed of a specific and clear about the facts to be impeached and
your rights under the Constitution and laws;
b) To be assisted by a lawyer from the initial acts of research;
c) To request the tax measures of research to refute the allegations that he make any;
d) To request the dismissal of the case and appeal against a decision that rejected;
e) To remain silent or, if consented to giving evidence, to do so under oath;
Article 94. Accused in custody. The person deprived of liberty shall, in addition, the following
guarantees and rights:
a) To be specific and clearly express to you the reason for his imprisonment and, except in case of flagrante delicto, they will display the order that disposes;
d) To request the court to grant him freedom;
e) To the charge of the watch of the police station to report regardless conducted in their presence, the family or the person who indicates, has been arrested or detained, the reason for the arrest or detention and the place where finds it;
f) To meet privately with his lawyer, according to the regime of detention facility, which refers only to restrictions necessary to maintain order and security of the site;
h) To receive visitors and communicate in writing or by any other means
Section 139. Hometown of the remand. Everyone has the right to personal freedom and individual security.
Preventive detention applied when other personal protective measures was to be upheld by the court as insufficient to ensure the aims of the procedure, the safety of the victim or society.