Enjuiciando al proceso penal chileno desde el inocentrismo (algunos apuntes sobre la necesidad de tomarse en serio a los inocentes)

Abstract

Attempts to always avoid the conviction of factually innocent defendants is a task that no criminal proceedings would aim to achieve, it is unfeasible. In fact, criminal systems condemn innocent people, and the Innocence Movement has been responsible -in some countries more than in others- of proving it. This paper proposes, over the basis of the empirical and theoretical information that has emerged from this movement, to analyze in a critical perspective our criminal process and to draw attention to its vulnerability to prevent the conviction of innocents. Along with this, the paper suggests several changes in the different scopes of treatment of evidence, and suggests a review of the adversarial model because, due to its insufficient regulation, its goal of reducing convictions of factually innocent defendants is currently more a problem than a solution.