Exploring Prosecutor-Police Dynamics in Criminal Investigations: Insights from Functional Direction in Chile's Accusatorial System

• In Event: Understanding Prosecution in Federal and International Contexts

Abstract

This study delves into the introduction of prosecutors into the Chilean criminal justice system and their pivotal role in directing investigations through "functional direction" over police forces. Through empirical research employing in-depth interviews with prosecutors and police officers, as well as an analysis of investigation files, the study aims to enhance understanding of the dynamics shaping the relationship between prosecutors and police during criminal investigations. It seeks to elucidate the complexities and challenges encountered by prosecutors in directing investigations and by police officers in executing these directives. Utilizing abductive analysis, the study proposes a taxonomy of five distinctive models characterizing criminal investigations: reactive, follow-up, reconstructive, proactive, and analytical. This taxonomy highlights each model's unique dynamics and practices and the diverse skills demanded from prosecutors, assistants, and police officers. The findings contribute to a nuanced comprehension of the exercise of "functional direction" within Chile's accusatorial framework, identifying challenges, opportunities, and areas for improvement in the collaborative dynamics between prosecutors and police during the investigation and prosecution process.

Author

• Victor Beltran Roman, Diego Portales University