Suspension of Sentences: Alternatives in Chile

Posted on Mar 12, 2025 in Criminology

Suspension of Sentences and Alternative Benefits

Article 1. The execution of sentences or restriction of liberty may be suspended by the court ordering them, to grant any of the following alternative benefits:

  • a) Remission of sentence;
  • b) Night confinement; and
  • c) Probation.

The provision in the preceding paragraph does not proceed in the case of crimes specified in Articles 362 and 372 bis of the Penal Code, provided that in the latter case the victim is under 12 years of age.

Conditional Remission of Penalty and Night Detention

{Paragraph 1, ARTS. 3-7}

Of Remission of Sentence

Article 3. The remission of the sentence is the suspension of its performance and the unobtrusive observation and assistance of the convicted by administrative authority for some time.

Article 4. The remission of the sentence may be ordered:

  1. If the deprivation or restriction of liberty imposed by the sentence does not exceed three years;
  2. If the offender has not previously been convicted of a crime or misdemeanor;
  3. If the defendant’s personal background, his conduct before and after the offense, and the nature, methods, and motivation behind the crime suggest that he will not commit crimes; and
  4. If the circumstances described in subparagraphs b) and c) above are unnecessary for treatment or effective implementation of article 6 of the transient Law No. 19,047.

Law No. 19,047, provided that, for purposes of defendants who are currently serving sentences, or are currently processed, set the following transitional amendments to this law, replacing, as noted, the letter indicates of this article:

  1. If the deprivation or restriction of liberty the sentence imposed is breached a period not exceeding one year.

Article 9 of Law 19047, as amended by laws 19114 and 19158, ordered to replace the word “Guilty” with the words “processed”, “accused”, “convicted”, “defendant” or “executed”, or maintained as appropriate.

Article 5. In granting this benefit, the court will set a time period of observation that will not be less than the length of the sentence, with a minimum of one year and a maximum of three, and impose the following conditions that the defendant must meet:

  1. Residence in a particular place, which may be given by the defendant. This may be changed, in special cases, according to classification by the section of treatment in the outside of Gendarmerie of Chile;
  2. Holding to the administrative supervision and assistance of the appropriate section of Gendarmerie of Chile, how to specify the rules. This will seek annually for this purpose, an extract from judicial records;
  3. To exercise, within and under the arrangements to determine the treatment section in the middle free Gendarmerie of Chile, a profession, trade, employment, art, industry or commerce, if the accused lacks known and honest means of livelihood and has no as a student; and
  4. Satisfaction of civil damages, costs and fines imposed by the ruling. Notwithstanding, the court, if unable to be justified, may without this requirement, without prejudice to pursue these obligations in accordance with the rules general.