Legal Challenges in the Incorporation of Evidence to the Judicial Proceedings in Chile Specialized Anticorruption Unit (UNAC) Specialized Unit on Money.

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Presentation transcript:

Legal Challenges in the Incorporation of Evidence to the Judicial Proceedings in Chile Specialized Anticorruption Unit (UNAC) Specialized Unit on Money Laundering, Economic Crime, Environmental Crimes and Organized Crime(ULDDECO) Public Prosecutor´s Office 2013

General Issues. Experience. Best Practices. Challenges. Outline

General Issues CRIMINAL PROCEDURE SYSTEM. OVERVIEW INVESTIGATION TRIAL - ORAL HEARINGS INTERMEDIATE STAGE Background Inquiry CONTROL VERIFICATION

General Issues PRELIMINAR INVESTIGATION JUDICIAL AUTHORIZATION FIU Reports Administrative proceedings Police Prosecutor Money Laundering Corruption Documents LEGAL REGULATIONS

General Issues Introducing evidence in complex cases Evidence agreements Exclusionary Rule Prosecutor Defence Juez de Garantía (Judge) Delimitation of facts and evidence

General Issues FREEDOM OF EVIDENCE FREE ASSESSMENT OF EVIDENCE RIGHT TO AN ORAL, PUBLIC TRIAL Introducing evidence in complex cases

Experience PROBLEMS RELATED TO THE INCORPORATION OF EVIDENCE Handling large amounts of information Slow analysis of information

Experience PROBLEMS RELATED TO THE INCORPORATION OF EVIDENCE Videoconferences Administrative proceedings

Experience PROBLEMS RELATED TO THE INCORPORATION OF EVIDENCE Interception of communications Interpretation of bank secrecy

Best Practices NOT UNLIMITED OPPORTUNITY COMPLEX CASE MULTI-DISCIPLINARY TEAM NECESSITYNECESSITY

Best Practices EFFICIENT ANALYSIS OF “SECONDARY FACTS” (SIGNS) IN THE CONTEXT OF INDIRECT EVIDENCE IN ANY CRIMINAL INVESTIGATION CIRCUMSTANCIAL EVIDENCE RECONSTRUCTION OF FIU REPORTS CONTENT FIU REPORTS

Challenges IDENTIFY AND USE OF CREATIVE WAYS TO INTRODUCE EVIDENCE TO TRIAL TAKE ADVANTAGE OF THE INFORMATION GENERATED BY THE PREVENTION, DETECTION AND CONTROL SYSTEM NEW WAYS OF INCORPORATING RESULTS OF FINANCIAL/ASSET INVESTIGATION AS EVIDENCE TO TRIAL

Challenges HOMOGENIZE WORKING METHODOLOGIES FOR EXPERT REPORT´S INTRODUCED AS EVIDENCE EVIDENCE OBTAINED ABROAD

THE END Mauricio Fernández Director ULDDECO  cl  (56-2) Marta Herrera Director UNAC  cl  (56-2)