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International Criminal Co-Operation or Mutual Assistance (From Enhancing International Law Enforcement Co-operation, including Extradition Measures, P 95-104, 2005, Kauko Aromma and Terhi Viljanen, eds, -- See NCJ-213767)

NCJ Number
Juan Pablo Glasinovic Vernon
Date Published
10 pages
This chapter examines the opportunities and challenges to creating international law enforcement cooperation processes in Chile.
Since December 2000, Chile has been undergoing a massive transformation of its criminal justice system from an inquisitional system to an adversarial system. This massive reform presents a unique opportunity for Chile to develop a process of international law enforcement cooperation that is unfettered by the formalities tied to an old system. Obstacles to Chilean participation in international law enforcement cooperation are examined and include the Chilean cultural belief in the exclusive nature of domestic legislation and Chilean prosecutors’ inexperience and lack of knowledge concerning how to navigate law enforcement cooperation with other countries. Other obstacles at the Chilean domestic level include the lack of legislative developments in the area of international cooperation. To address this absence of regulation and procedural governance of international cooperation, the Office of the Public Prosecutor (OPP) in Chile formed several task forces to encourage inter-institutional cooperation with the ultimate goal of creating a common criteria and expedient channels for international cooperation and communication. Obstacles to Chile’s participation in international law enforcement cooperation also exist at the international level and include a lack of familiarity with foreign legislation and procedures as well as the ever-present lack of human and monetary resources to expedite cooperation. Finally, the judicial nature of the Chilean extradition process is explored, which is not treaty-based but rather relies on the principles of International Law, providing a solid basis for successful extradition agreements. The author recommends that the collaboration with the Foreign Ministry be strengthened in order to expedite the new system of justice in Chile.