Chile’s Constitution of 1980 with Amendments through 2015

Judicial Independence

 
Article 76. The power to hear civil and criminal cases, to resolve them and to execute judgments, belongs exclusively to the courts established by law. Neither the President of the Republic nor the Congress can, in any case, exercise judicial functions, take over pending cases, review the grounds or contents of their decisions or revive closed cases. If their intervention is requested in legal form and for business of their competence, they may not excuse themselves from exercising their authority, not even if there is a lack of a law that resolves the dispute or matter submitted to their decision. To enforce their resolutions, and to practice or have practiced the acts of instruction established by law, the ordinary and special courts of justice that make up the Judiciary, may issue direct orders to the public force or exercise the conductive means of action of which they dispose. Other courts will do so in the manner established by law. The requested authority shall comply without further delay the judicial mandate and will not qualify the grounds or opportunity, nor the justice or legality of the resolution that is trying to be executed.
 

Attorney General’s Office

 
Article 85. The National Prosecutor shall be appointed by the President of the Republic, from a five candidate list proposed by the Supreme Court and with the agreement of two-thirds of the members in office of the Senate, in a session specially convened for that purpose. If the Senate does not approve the proposal of the President of the Republic, the Supreme Court will have to complete the five candidate list by proposing a new person to replace the rejected, repeating the process until an appointment is approved. The National Prosecutor must have held the degree of lawyer for at least ten years, must have become forty years of age and possess the other qualifications which are necessary to be a citizen with the right to vote; he will last eight years in the exercise of his functions and may not be designated for the following period. What is established in the second paragraph of article 80 with regard to age limit is applicable to the National Prosecutor.