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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 on theme: "Legal Challenges in the Incorporation of Evidence to the Judicial Proceedings in Chile Specialized Anticorruption Unit (UNAC) Specialized Unit on Money."— Presentation transcript:

1 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

2 General Issues. Experience. Best Practices. Challenges. Outline

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

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

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

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

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

8 Experience PROBLEMS RELATED TO THE INCORPORATION OF EVIDENCE Videoconferences Administrative proceedings

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

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

11 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

12 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

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

14 THE END Mauricio Fernández Director ULDDECO  mfernandez@minpublico. cl  (56-2) 29659516 Marta Herrera Director UNAC  mherrera@minpublico. cl  (56-2) 29659560


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