Control judicial previo a la formalizacion de la investigacion. las posibles sanciones ante la inobservancia del plazo

Abstract

This article discusses the inobservance situation presented by the Public Ministry in regards to the deadline judicially set for putting research in due form, according to Article 186 of the Criminal Law, which refers to the "Judicial Control prior to putting research in due form." This regulation presents various interpretative problems that should be looked at, from those problems about deciding to whom the regulation in said law can be made applicable, to those about establishing the penalty or consequence derived from the inobservance of such judicial deadline on the part of the prosecuting entity, a situation which has not been included in the regulation at all. The following analysis attempts to address such problems and the possible consequences that might derive from the concrete situation, starting with the origin of this peculiar stipulation included in the new Chilean legal system.