El derecho al juicio en el proceso penal de los parlamentarios imputados por delito

Abstract

This comment synthesizes the jurisprudence on a novel aspect of the Chilean criminal process, which recognizes the right to a prompt and expeditiously criminal trial for deputies and senators who have lost their parliamentarian immunity. The main reason for this immunity is to protect democratic representation that could be harmed or modified by the action of the Public Prosecutor’s Office. For this reason, when the parliamentarian immunity is removed, the deputy or senator is suspended of his parliamentary position, and the criminal process system recognizes him the right to expeditiously criminal trial.