Chilean Jurisdiction: Crimes and Offenses Abroad

Article 6: Jurisdiction of Chile

Article 6 states that Chile retains jurisdiction over crimes and offenses committed outside the territory of the Republic in the following circumstances:

1. Crimes by Diplomatic or Consular Agents

Those committed by a diplomatic agent or consul of the Republic, in the exercise of their functions.

2. Misappropriation, Fraud, and Related Offenses

The misappropriation of public funds, fraud, extortion, infidelity in the custody of documents, violation of secrets, and bribery committed by public officials, whether Chilean or foreign, in the service of the Republic.

3. Offenses Against Sovereignty or Security

Those that go against the sovereignty or external security of the state, committed by Chilean nationals (natural or naturalized), and those referred to in Paragraph 14 of Title VI of Book II of the Criminal Code when they endanger the health of inhabitants of the Republic.

4. Crimes Aboard Chilean Vessels

Tasks performed by Chileans or foreigners aboard a Chilean vessel at sea or on board a Chilean warship anchored in the waters of another power.

5. Counterfeiting

The counterfeiting of the state seal, national currency, credit documents of the state, municipalities, or public establishments, committed by Chileans or foreigners that may be incurred in the territory of the Republic.

6. Crimes by Chileans Against Chileans

Those committed by Chileans against Chileans if the guilty party returns to Chile without being judged by the authority of the country where the crime was committed.

7. Piracy

Piracy.

8. Crimes Included in Treaties

Those included in treaties with other powers.

9. Crimes Under Decree No. 5839

Those sanctioned by Title I of Decree No. 5839, September 30, 1948, which set the text of the Final Act of the Permanent Defense of Democracy, committed by Chilean or foreign individuals in the service of the Republic, and Law 19,927.

10. Offenses Under the Penal Code

Those punishable under Article 366, Article 9 and c, d, 367 and 367 bis No. 1 of the Penal Code, if they endanger or injure the indemnity or sexual freedom of a Chilean or are committed by a Chilean or a person having common residence in Chile and that provided for in section 374 bis, first paragraph, of the same Code, when the pornographic material related to the conduct has been developed using Chileans under eighteen years of age.