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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 Laundering, Economic Crime, Environmental Crimes and Organized Crime(ULDDECO) Public Prosecutor´s Office 2013. General Issues.

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legal challenges in the incorporation of evidence to the judicial proceedings in chile
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

slide2
General Issues.

Experience.

Best Practices.

Challenges.

Outline

slide3

General Issues

CRIMINAL PROCEDURE SYSTEM. OVERVIEW

TRIAL - ORAL HEARINGS

INTERMEDIATE STAGE

INVESTIGATION

Background Inquiry

VERIFICATION

CONTROL

slide4

General Issues

PRELIMINAR INVESTIGATION

Corruption

Police

FIU Reports

Prosecutor

Money Laundering

Documents

Administrative proceedings

LEGAL REGULATIONS

JUDICIAL AUTHORIZATION

slide5

General Issues

Introducing evidence in complex cases

Evidence agreements

Prosecutor

Delimitation of facts and evidence

Juez de Garantía

(Judge)

Defence

Exclusionary Rule

slide6

General Issues

Introducing evidence in complex cases

FREE ASSESSMENT OF EVIDENCE

RIGHT TO AN ORAL, PUBLIC TRIAL

FREEDOM OF EVIDENCE

slide7

Experience

PROBLEMS RELATED TO THE INCORPORATION OF EVIDENCE

Handling large amounts of information

Slow analysis of information

slide8

Experience

PROBLEMS RELATED TO THE INCORPORATION OF EVIDENCE

Administrative proceedings

Videoconferences

slide9

Experience

PROBLEMS RELATED TO THE INCORPORATION OF EVIDENCE

Interpretation of bank secrecy

Interception of communications

slide10

BestPractices

NOT UNLIMITED

OPPORTUNITY

NECESSITY

COMPLEX CASE

MULTI-DISCIPLINARY TEAM

slide11

BestPractices

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

slide12

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

slide13

Challenges

HOMOGENIZE WORKING METHODOLOGIES FOR EXPERT REPORT´S INTRODUCED AS EVIDENCE

EVIDENCE OBTAINED ABROAD

slide14

THE END

Marta HerreraDirector UNAC *mherrera@minpublico.cl((56-2) 29659560

Mauricio Fernández Director ULDDECO *mfernandez@minpublico.cl((56-2) 29659516