CHILE Law and Practice Contributed by: Jorge Bofill and César Ramos, Bofill Escobar Silva Abogados
• the party against whom the judgment is invoked has been duly notified of the action – however, said party may prove that, for other reasons, it was prevented from asserting its defences; and • it is enforceable in accordance with the laws of the country in which they have been pro - nounced. To enforce foreign criminal convictions, where the penalty imposed includes imprisonment, or in cases in which another state claims the pres - ence of the defendant to face trial, the foreign state must request the extradition of the con - demned or the defendant. The extradition will follow the rules of the applicable international treaty, Chile has signed and adhered to multiple treaties on this matter, such as the extradition treaty between Chile and the United States and the European Convention on Extradition. If there is no applicable treaty, the Supreme Court will apply the rules of the Criminal Procedure Code, which regulates the procedure and requirements for granting an extradition – ie, the conviction or felony must carry a penalty of more than one year of imprisonment and the conduct in ques - tion must be punishable under Chilean criminal law. 6. Privileges 6.1 Invoking the Privilege Against Self- Incrimination Chilean law acknowledges the defendant’s right to remain silent, which can be renounced. In such case, the defendant shall not be sworn to tell the truth, and everything they say may be used against them. However, defendants also have the privilege against self-incrimination, which entitles them to refuse to answer any question
that may result in self-incrimination even when having renounced their right to remain silent. Third parties and witnesses are also entitled to privilege against self-incrimination, even if they are not the person being indicted in the pro - cedure, but not to the right to remain silent, as explained in 2.9 Compelling Witnesses to Give Evidence . Legally, no offences may be committed by a defendant exercising their right to silence or the privilege against self-incrimination. However, in some cases (typically claims such as slander or defamation) doing so may be frowned upon by the court. 6.2 Undermining the Privilege Over Communications Exempt From Discovery or Disclosure The only circumstance in which the confidenti - ality of communications between a lawyer and their client may be violated is if the lawyer is a co-author, accomplice or accessory to the crime.
7. Special Rules and Laws 7.1 Rules for Claiming Punitive or Exemplary Damages
There are no punitive or exemplary damages in Chilean law. The basic principle for civil liabil - ity is that the damages are the condition and the measure of liability, such that no one may be condemned for damages greater than those they caused. However, moral damages have been known to be used as a form of punitive damages, as courts typically place a higher val - ue on the anguish the victim was put into if the perpetrator acted in a particularly reprehensible way.
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