We invite you to read the letter written by our senior associate in the Criminal Law Group, Daniela Castillo, on the launch of the Supraterritorial Prosecutor’s Office and the challenges facing the criminal justice system in responding to its current overload.
DEAR EDITOR:
Although the SupraTerritorial Prosecutor’s Office will formally begin its work in March, the truth is that there have already been significant developments and actions. As reported in your media outlet, the first group of prosecutors who will form part of it has already been selected. Without a doubt, this new unit constitutes a necessary institutional advance in a country that faces increasingly complex and transregional crimes.
This new unit centralizes powers at the national level and assigns specialized prosecutors to highly complex cases, which may mean greater investigative capabilities and better results in criminal prosecution.
However, as authorities within the system itself have warned, this expansion of functions should not be seen as a complete solution to the problem of overload facing the criminal justice system. The National Defender has rightly pointed out that greater investigative capacity, if not accompanied by a proportional strengthening of the Public Defender’s Office and the Judiciary, runs the risk of creating bottlenecks that ultimately weaken the effectiveness of the process.
A more powerful prosecutor’s office can speed up the processing of cases, generate more hearings and arrests, but if there are not enough defense attorneys to guarantee the right to defense, nor judges and courts that can expedite oral proceedings, the system can become inefficient.
Therefore, along with evaluating the creation of this new prosecutor’s office, it is essential that these efforts focus resources on balancing institutional strengthening. Increasing the number of public defenders, expanding the operational capacity of the courts, and modernizing judicial processes. Only then can we aspire to a criminal justice system that functions comprehensively, efficiently, and fairly for all.
Letter written by:
Daniela Castillo | Senior Associate Criminal Litigation Group | dcastillo@az.cl
