CHILE Trends and Developments Contributed by: Jaime Winter, Jorge Cabrera and Felipe Berríos, Winter Etcheberry
According to the provisions of Article 415 bis of the Chilean Code of Criminal Procedure, the pro - cedure for the imposition of confiscation without conviction is initiated by “written request” before the court that “has issued the resolution that ter- minates the investigation or trial” . As expressly provided in Article 415 bis of the Chilean Code of Criminal Procedure, the procedure regulated in Article 415 bis and following of the Chilean Code of Criminal Procedure will be applicable “in cases where the law provides for the con- fiscation of goods or assets obtained through the commission of the illegal act or used in its perpetration without subjecting its proceeding to the issuance of a conviction relating to the act” .
The competent court to solve the claims regard - ing non-conviction-based confiscations is the Court of Guarantees, which has general criminal competence prior to the criminal trial. Accord - ing to Article 415 quinquies of the Chilean Code of Criminal Procedure, the matter shall be dis - cussed in one special confiscation hearing between 30 and 60 days from the date of the resolution providing for the confiscation order. The summons will order all potentially affected parties to appear at the special confiscation hearing, with all their means of proof. After the hearing, the Court of Guarantee shall issue a final decision based on the discussion and evidence presented in the hearing. The final decision may be challenged in accordance with the rules set forth in Article 415 octies of the Chilean Code of Criminal Procedure.
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