THE CONFISCATION WITHOUT PRIOR CONVICTION IN LAW No. 21.577 WHICH STRENGTHENS THE PROSECUTION OF ORGANIZED CRIME CRIMES.
ITS COMPATIBILITY WITH DUE PROCESS.
DOI:
https://doi.org/10.29393/RD254-6CCDX20006Keywords:
Confiscation, Organized crime, Law No. 21.577 (Chile), Due process of law, effects of the crime, Prior conviction, right to defenseAbstract
The main objective of this work is regard to answer the question about the new procedure regulated in the Title III bis of the Criminal Procedure Code, relating to the imposition of confiscation without conviction, and if it is o not, compatible with some of the rights that belongs to the due process. Specifically, the study refers to the presumption of innocence and the right to defense. To this end, a systematization of the new regulation of confiscation in the Penal Code is carried out, after the reform carried out by Law 21,577. In this context, it is concluded that confiscation, even without a prior conviction, has criminal nature, in light of a series of arguments, both substantive and procedural.
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