First proceedings in the investigation of prison crimes in Chile: role confusion, illicit evidence and lack of victim protection

Abstract

The article analyzes the first investigative steps carried out in cases of crimes committed inside prison facilities in Chile The focus is on the role of the Chilean Prison Service, the Prosecutor's Office and the police. The objective is to evaluate whether these proceedings comply with the role assigned to each institution and respect national and international norms. The hypothesis is that the Chilean prison administration assumes investigative roles that exceed its penitentiary functions. As a result, potentially illicit evidence is generated and the victims of these crimes are left unprotected. The methodology is based on a mixed analysis of 58 crime reports from the prison authorities (2021-2022), covering homicides, injuries, sexual offenses, ill treatment and drug offenses. A quantitative analysis was combined with a qualitative analysis of specific cases. The results highlight that the prison authorities assume key investigative functions, such as guarding the crime scene, interviewing witnesses and suspects, without the authorization of the prosecutor. In addition, prosecutors often issue generic instructions and do not guarantee protection measures for victims. This contradicts national and international standards, affecting the legality and effectiveness of investigations. It is concluded that it is necessary to improve institutional coordination and guarantee the respect for fundamental rights whilst investigating crimes inside prison.