Pretrial Detention & Measures in Chile

What this involves

Pretrial detention in Chile is called prisión preventiva and is regulated by the Código Procesal Penal. After an arrest, the person must be brought before a Juzgado de Garantía, generally within 24 hours, for a hearing on the legality of the detention. If the prosecutor formalizes the investigation, the same judge decides whether the accused will be held in custody or placed under a lesser precautionary measure while the case proceeds.

The prosecutor must show that a crime occurred, that there is a well-founded suspicion that the accused took part, and that detention is necessary: to protect the investigation, to protect society or the victim, or because there is a flight risk. For foreigners, the flight-risk argument is where most disputes happen, because a visitor with no address, family or job in Chile is an easy target for that argument.

What we handle

The measures between custody and freedom

The Código Procesal Penal gives judges a range of precautionary measures. They include full or partial house arrest, supervision by a person or institution, the duty to appear periodically in court or before police, a ban on leaving the country or a locality, and orders to stay away from the victim or specific places. A monetary guarantee can also be required. In practice, much of our work is designing a package of these measures that the judge will accept in place of custody, with proof that you will stay available to the court.

Why foreigners face a harder first hearing

Prosecutors have in recent years asked more often for detention of foreigners who lack valid identification or a stable address, treating that as a flight risk. A foreign visitor can improve their position with a passport, proof of lodging, a local contact or sponsor, a return ticket that shows no plan to disappear, and employment or family evidence. We prepare this material in advance when we are contacted early. If detention is ordered, the defense can appeal, and the order must be reviewed again when the facts change.

Public defenders handle many of these hearings, and every detained person has the right to one. A private lawyer can take over or work alongside, which often matters in complex or high-stakes cases.