en qué consistió la Reforma Procesal Penal del año 2000 y qué aportó a la aplicación de justicia en chile

en qué consistió la Reforma Procesal Penal del año 2000 y qué aportó a la aplicación de justicia en chile?

A large number of Latin American countries—not just Chile—have

undergone a process of social change. In the case of Chile, the reform

of its criminal legal procedures has been related to the need for the

country to join the globalized world.

This initiative dovetailed with the interests of law scholars and

academics, who considered Chile’s criminal justice system to be

completely obsolete.

Chile’s criminal procedure was already obsolete by the time the

initiative was passed into law with a recommendation that it be replaced

as quickly as possible.1

This old criminal justice system remained in effect for nearly 100

years.

These ideas were expressed very succinctly in this message the

Executive Branch presented to the Chilean Congress along with the

proposed Code of Criminal Procedures for its approval in 1995: “While

the system of administration of justice in Chile was fundamentally

designed and established in the middle of the nineteenth century, and it

has remained wholly unchanged since that time, Chilean society hasbeen transformed both economically and politically.”2

This reform

process was implemented through the promulgation of laws that

established a program for gradual implementation following a specific

schedule that began in December of 2000, and culminated in June of

2005, when the new criminal justice system took effect in the entire

country.

In the Latin American context, the phenomena described are the

direct and indirect origins of the reform processes of the justice systems,

and they have found two main individual routes to that end. The first

route was adopting clauses included in international agreements,

primarily free trade agreements and the second route was driven from

university classrooms and by academic publications.3

This Essay will briefly explore the new criminal procedures in Chile,

their context, and their successes and remaining challenges. Part II of

this Essay examines the impact of political decisions to go forward with

the transition of the Chile’s criminal justice sector from one that

operates within the inquisitorial system to one that embraces the

adversarial system. In Part IIA, the weaknesses in the inquisitorial

system are explored. In Part IIB, this Essay explores the criminal

procedure reform process in Chile and the changes that were

implemented. In Part IIC and Part IID, respectively, the principles of

the reform are explored and the roles of different participants are

explained. In Part IIE, the paradigm shift that has occurred in Chile is

explored briefly. In Part III, this Essay examines the unintended

consequences of the criminal procedure reform, and in Part IV, this

Essay concludes by exploring how wrongful convictions still take place

in Chile. This Essay also concludes with the call to action: Chile, like

all Latin America, needs to embrace new technologies to help the

wrongfully accused and convicted be freed from unjust imprisonment.

the bar kochba rebellion (132-135) against the roman empire, also known as the second jewish-roman war, was the second major jewish revolt in judea and the last of the great jewish-roman wars.

after the first jewish-roman war of the years 66-73, the roman authorities took measures to crush any new attempt of rebellion in judea. his political situation was modified and instead of a prefect a governor of praetorian rank was appointed, and in the ruins of jerusalem the seat of a complete roman legion, the legio x fretensis was established.

the political and religious direction of the jewish people was left in the hands of the sanhedrin, with initial headquarters in yavne.

the direct causes of the rebellion vary according to the source. the roman historian dio cassius (155-229) attributes the revolt to the decision of hadrian to found in the place of jerusalem a roman city called aelia capitolina (aelia by its own name and capitolina in honor of the roman god jupiter). on the other hand, the jewish sources, while recognizing this resolution as true, assign higher priority to the decrees dictated by hadrian that forbade the brit milah (circumcision), the respect of the sabbath and the laws of purity in the family.

hadrian's intention was to "civilize" and incorporate the jews once and for all into the greco-roman culture. for greek and roman culture, circumcision was an intolerable mutilation.

the jewish tradition tells in the midrash tanjuma a meeting between rabbi akiva and the governor turnus rufus, where he asked for an explanation about the circumcision.

an additional legion, the legio vi ferrata, moved to the province to maintain order, and work began in the year 131 after the governor of judea, turnus rufus performed the founding ceremony of aelia capitolina. a roman coin with the inscription aelia capitolina was struck in the year 132.

the tannaim rabbi akiva, who without being named nasi directed the sanhedrin, convinced the other members to support the imminent rebellion.

the jewish leaders carefully planned the second rebellion to avoid the numerous errors that had been committed in the first one. in the year 132 the rebellion led by bar kochba quickly expanded from modiim throughout the country, defeating the x roman legion based in jerusalem and destroying the xxii roman legion that had come from egypt.

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