Here is the rewritten article in Markdown format:

Chile’s Efforts to Combat Corruption: A Delicate Balance between Protection and Secrecy

===========================================================

Chile faces a unique challenge when it comes to combating corruption. Without a physical victim, it can be difficult to provide protection for those affected by these crimes. However, witnesses may still require some safeguarding measures, which the authorities are working to improve.

The Challenges of Investigating Corruption

One significant hurdle in investigating corruption cases is bank secrecy. Banks only disclose confidential transactions if a legitimate interest is established and the disclosure has no negative impact on the customer’s net worth. This can lead to delays and practical difficulties in obtaining financial information.

Bank Secrecy: A Major Obstacle

The Chilean government has introduced measures to address this issue, including a bill currently before Congress that aims to relax bank secrecy in money laundering investigations. The revised bill would grant prosecutors, with the approval of a Guarantee Judge, access to any information available or copies of deposits made by individuals or entities under investigation.

Foreign Bribery Cases: A Special Challenge

Corruption cases are subject to more restrictive rules than money laundering investigations. In foreign bribery cases, for instance, the punishment associated with the offence does not meet the legal requirements to lift bank secrecy.

Measures to Ensure Effective Investigations

Despite these challenges, Chile has implemented measures to ensure that corruption investigations are thorough and effective. Mandatory prosecution is the general rule in the country, meaning a prosecutor can only decline to initiate or close an investigation for reasons specified in the law. However, there are exceptions, such as discretionary decisions to close an investigation under Article 170 of the Criminal Procedure Code.

Discretionary Decisions: A Balance between Protection and Secrecy

Article 170 allows for discretionary decisions to close an investigation if the crime does not seriously injure the public interest and carries a minimum penalty of less than 540 days. Most corruption crimes fall within this category, allowing prosecutors to exercise discretion when deciding whether to pursue an investigation.

Guidelines on Closing Cases

In addition to these measures, Chile has also implemented guidelines on closing cases, including under Article 170 CPC. Instruction 29 provides guidance on the rules governing early closure of cases, emphasizing that the criteria for opening and closing cases apply to offences committed by public officials while exercising their duties.

Conclusion

==========

While Chile’s efforts to combat corruption are commendable, it is essential to strike a balance between protecting witnesses and maintaining secrecy around financial transactions. The country must continue to refine its laws and procedures to ensure effective investigation and prosecution of corruption cases.

Sources:

• Chilean Criminal Procedure Code (CPC)
• Instruction 29
• Revised Bill on the Authorization of the Lifting of Bank Secrecy in Money Laundering Investigations (Bulletin No. 4426-07)

Contact Information:

For more information, please contact [Name], [Email], [Phone].