We invite you to read the column written by our Criminal Group associate, Daniela Castillo, where she reflected on the importance of strengthening the protection of prosecutors in the fight against Organized Crime.
In recent years, the presence of criminal organizations has posed significant challenges for judicial systems in Latin America. In Chile, the recent activity of the specialized team of the Public Prosecutor’s Office in the investigation of numerous highly complex cases, including extortion, kidnappings and homicides, underscores the escalation of organized crime in our country.
An example is the recent attention on the formalization of the so-called “Piratas del Tren de Aragua”, whose members were involved in a series of violent crimes in our country, among them, the most recent one they are accused of, the kidnapping and murder of the Venezuelan dissident Ronald Ojeda, a refugee in Chile.
In this difficult panorama, and taking into account that threats, riots and even escapes from detention centers have been part of the criminal history of this organization, we must not lose sight of the fact that the Public Prosecutor’s Office plays a crucial role in the prosecution of organized crime. An unavoidable priority arises: strengthening protection measures for those on the front line of justice in order to guarantee the integrity of the judicial process and the security of the rule of law.
Historically, the Chilean judicial system was not accustomed to handling hearings with such dangerous charges. However, the seriousness and frequency of these cases are rapidly changing this reality.
The experience in the Arica and Parinacota Region with the Los Gallegos gang served as a case study on the importance of security measures, demonstrating that both telematic appearances and internal and external protection of judicial actors are essential.
Faced with this paradigm shift, in January 2023, senators such as Felipe Kast, Manuel José Ossandón and others, presented a motion aimed at strengthening the criminal prosecution of crimes of greater social connotation, in the face of an objective increase in citizen insecurity and criminal activity.
This led to Law 21.696, in force since September 2024, and particularly relevant with the addition of Article 78 to the Code of Criminal Procedure. This article introduces protection measures for prosecutors in cases of serious threats in investigations of terrorist crimes or crimes committed by criminal or criminal associations, from the remote appearance in hearings to the preservation of the confidentiality of their identity, severely penalizing its disclosure.
This legislative advance is monumental and necessary in the battle against an increasingly audacious and sophisticated organized crime. However, it is not enough. To ensure that these protective measures translate into tangible change, a sustained commitment over time is essential.
Successful implementation of the measures set out must be accompanied by adequate resources, constant training and rigorous monitoring by the authorities. These measures must evolve to anticipate the tactics of criminal organizations, ensuring that prosecutors can operate in an environment free from intimidation. This approach not only reinforces the integrity of our judicial system, but also acts as a strong message: Chile will not yield to organized crime, and its justice system will remain unwavering and robust in the defense of democratic order.
Column written by:
Daniela Castillo | Penal Group Associate | dcastillo@az.cl
