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Criminal Defense

Private Prosecution for Victims in Chile

Filing as querellante turns you from a spectator into a party — with access to the file and the power to push the investigation forward.

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Overview

What this involves

In Chile the public prosecutor drives criminal investigations, and victims who rely on that alone often find their case quietly shelved — not out of bad faith, but because prosecutors triage hundreds of files and yours competes with all of them.

Filing a querella makes you a party. You gain access to the record, the standing to request specific investigative steps, the ability to present your own evidence, and — importantly for many clients — the option to pursue civil compensation inside the criminal proceeding instead of starting a separate lawsuit later.

What we handle

Assessment before filing

Whether the facts constitute a crime, which one, and whether a querella genuinely improves your position or a straightforward complaint is enough.

Drafting and filing the querella

A querella that survives admissibility review — badly drafted ones are rejected and the opportunity is wasted.

Driving the investigation

Requesting specific measures from the prosecutor, and escalating when they are not carried out within a reasonable time.

Evidence and expert reports

Building the evidentiary case rather than waiting for the prosecution to build it, particularly in economic and documentary matters.

Civil compensation

Pursuing damages within the criminal proceeding, which is usually faster and cheaper than a separate civil claim.

From anywhere

How we run this for a client abroad

Assessment first

You send the documents you have. We tell you what applies, what it costs and how long it takes — before you commit to anything.

Power of attorney

Granted at a Chilean consulate or apostilled where you live. It lets us act for you in Chile without you travelling.

We file, you get updates

Our attorneys handle the filings and appearances in Chile. You get plain-English updates at every stage.

FAQ

Private Prosecution for Victims — common questions

What English-speaking clients ask us most about this specific service.

Do I need a lawyer to report a crime in Chile?

No — you can report a crime without one. But reporting and filing a querella are different things. A report hands the matter to the prosecutor and leaves you outside the process; a querella, which does require a lawyer, makes you a party with rights inside it. Which one you need depends on how much the outcome matters to you.

My case was shelved. Is it over?

Not necessarily. Decisions to close or provisionally shelve an investigation can be challenged, and a querella filed by the victim changes the dynamic considerably. Deadlines apply to each remedy, so a shelved case is worth reviewing promptly rather than months later.

Can I claim money back through the criminal case?

In many situations yes — civil compensation can be pursued within the criminal proceeding, which avoids running two cases in parallel. Whether that is the best route depends on the offense and on whether the defendant has assets worth pursuing. We assess collectability, not just liability.

I live abroad and was defrauded from Chile. Can I still act?

Yes. We act under a power of attorney granted at a Chilean consulate or apostilled where you live, and handle the filing and the follow-up locally. Cross-border fraud cases especially reward moving early, before funds and records disperse.

Talk to a Chilean lawyer about filing a querella in Chile

Get an initial assessment in English — confidential, with no obligation.

Book your consultation now →

WhatsApp+56 9 5217 5304

Emailhola@oklegal.cl

HoursMon–Sat 09:00–20:00