Practice area
Criminal Proceedings
Criminal defense and private prosecution in all types of offenses, from the first hearing to trial.
What this area covers
- Theft
- Robbery
- Robbery with violence or intimidation
- Illegal weapons possession
- Assault and battery
- Threats
- Fraud
- Fraudulent check issuance
- Misappropriation
- Forgery of private documents
- Disloyal management
- Abuse of blank signatures
- Private-sector bribery
- Sexual abuse
- Reproduction of child sexual abuse material
- Rape
- Economic crimes
- Cybercrime
- Drunk driving and Emilia Law cases
Frequently asked questions
I have been summoned to give a statement — do I need a lawyer with me?
You may attend without a lawyer, but it is not advisable. Anyone under investigation has the right to counsel from the first step taken against them (arts. 8 and 93 of the Criminal Procedure Code), and a statement is given once — what you say there stays on file. If you cannot afford a lawyer, the Public Criminal Defender's Office provides one.
What is the difference between a querella and a police report?
A denuncia merely informs the prosecution service and anyone can file it, including with the police (art. 173 of the Criminal Procedure Code). A querella is filed by the victim through a lawyer (art. 111) and makes them a party to the case, able to request investigative steps, indict and appeal. Reporting is telling; filing a querella is taking part.
What happens at the first hearing after an arrest?
It is the detention review hearing, and it must take place within twenty-four hours of the arrest (art. 131 of the Criminal Procedure Code). There the judge checks whether the arrest was lawful, the prosecutor may formally open the investigation, and precautionary measures are argued. It is the hearing where most is decided, and the one to arrive at with counsel.
This is general information about Chilean law, not advice on a specific case: deadlines and requirements change with the facts.
Other practice areas
Need counsel in Criminal Proceedings?
Tell us what happened and we will tell you whether we can help and how. Santiago and Valparaíso, Monday to Friday.