We invite you to read the letter to the editor written by our associates of the Criminal Group, Daniela Castillo and Catalina Valdés, on the pending challenges for the modernization of the Public Prosecutor’s Office and the police.
A little over a year ago, Law 21.595 was enacted in our country, which establishes a special criminal regime for the commission of economic and environmental crimes, and which was presented as a crucial advance in the fight against “collar and tie crimes”. However, the question remains: will this law be able to deliver on its promises in an antiquated investigative system without sufficient resources? From a realist perspective, the answer seems daunting.
Although Law 21,595 expands the regulatory framework and punishes new conducts that until recently were not contemplated in our legislation, its implementation faces a fundamental obstacle: the lack of operational capacity in the Public Prosecutor’s Office and the police forces to investigate complex economic crimes. The investigation of these crimes is complex because of the way they are committed; their structure involves sophisticated financial operations, transnational transactions, corporate networks and, often, advanced technical knowledge in finance, auditing and technology. Investigating these operations requires more than the usual legal knowledge; it requires specialization, advanced technology and trained human resources, something that our institutions are not always able to provide.
Added to this is the well-known work overload faced by the Public Prosecutor’s Office. The lack of human resources, with an insufficient number of prosecutors and specialized experts, causes cases associated with economic crimes to accumulate and extend over time, sometimes for years, which directly affects the capacity to impart justice and the right of the accused to be tried within a reasonable period of time. Without a greater number of prosecutors trained in areas of high financial complexity, Law 21.595 runs the risk of remaining a symbolic effort, a paper measure with no practical application.
On the other hand, the police, who also play a crucial role in investigations, face similar limitations. Units dedicated to investigating economic crime lack sufficient numbers to analyze complex evidence. This capacity gap results in incomplete or insufficient investigations, which take an inordinate amount of time, with expert reports often taking more than 18 months to produce.
The lack of investment in the judicial system and in the investigative forces is one of the main causes of these problems. The legislation on complex crimes requires a modernization plan and an adequate budget so that the justice system can deal with them effectively. Otherwise, the law could become ineffective, prolonging investigations in an unjustified manner and violating the law.
Without an investigative structure commensurate with the complexity of these crimes, Law 21.595 will be no more than an incomplete instrument in a system that has yet to make a leap towards modernity and efficiency.
Letter written by:
Daniela Castillo | Associates Criminal Group | dcastillo@az.cl
Catalina Valdés | Associates Criminal Group | cvaldes@az.cl
