Terrorist Acts: Penalties and Legal Framework in Chile

Condemnation of Terrorism: Article 9 of the 1980 Chilean Constitution

Law No. 18,314, enacted on May 17, 1984, defines terrorist acts and establishes corresponding penalties. This legislation underscores Chile's commitment to combating terrorism and upholding human rights.

Why Does Chile Condemn Terrorism?

Terrorism is fundamentally contrary to human rights. It seeks to instill fear in the population or a segment thereof and coerce authorities into making decisions or meeting demands.

Penalties for Terrorist Acts

When a crime exhibits the characteristics outlined in Article 1 of Law 18,314, it is subject to specific penalties. These characteristics include:

• The crime is committed with the intent to produce fear in the population or a part of it.
• The crime is committed to force authorities to make decisions or impose demands.

Constituent Sanctions: Inc. 2nd, Article 9

Individuals convicted of terrorist acts face three prohibitions for 15 years:

1. Holding Public Office or Educational Roles: This includes holding public office, whether elected or appointed, and serving as a principal or director of an educational institution or performing teaching functions.
2. Operating or Managing Media Outlets: This encompasses operating a social media platform, serving as a director or manager of a media outlet, or performing functions related to the issuance or dissemination of opinions or information.
3. Leadership in Organizations: This includes holding leadership positions in political organizations, neighborhood associations, professional bodies, businesses, student unions, or guilds.

Inapplicability of Special Pardon: Paragraph 3, Article 9

The special pardon is generally not applicable in cases of terrorism. The only exception is the commutation of the death penalty to life imprisonment.

• Amnesty: Granted by law, amnesty eliminates the penalty and the nature of the offense, as if the transgression never occurred.
• Pardon: A pardon only removes, replaces, or reduces the penalty. General pardons are granted by law, while special pardons are granted by decree, based on personal characteristics or individual circumstances (Section 32 No. 14, 1980 Chilean Constitution).
• Bail: Bail is a benefit that allows an apprehended and prosecuted individual to remain at liberty pending criminal proceedings.

Special Quorum for General Pardons and Amnesties

Article 63, No. 16, Inc. 2 states that laws granting general pardons and amnesties for terrorist crimes require a special quorum. Specifically, two-thirds of deputies and senators must approve such laws.

Appeals in Cases of Terrorism

Article 19, No. 7, Point e), Inc. 2 dictates that appeals regarding the release of individuals accused of terrorist crimes will be heard by the appropriate superior court, composed only of its members. Any resolution granting approval must be agreed upon unanimously. During the period of liberty, the accused will always be subject to surveillance measures as provided by law.