Analysis of the (lack of) effectiveness of the idea of mandatory criminal action in the Chilean criminal proceedings

Abstract

This article notes that Chilean regulation does not provide, for the intermediate stage of ordinary criminal proceedings, an appropriate procedural control on the legally compulsory exercise of criminal prosecution. This lead to an state of affairs in which there are multiple and important opportunities in which, exercising the prosecutor discretion, the prosecution may be abandoned, thus reversing the original decision of the model that moved from a discretionary to a mandatory rule.