The presence of the accused during the entire oral trial hearing. A procedural interpretation of the unconstitutionality by omission of art. 285 CPP

Abstract

This article analyzes the constitutionality of the accused's procedural duty to attend the entire hearing of the oral trial, as provided for in Article 285 of the Chilean Code of Criminal Procedure, which has given rise to three rulings by the Constitutional Court partially upholding the corresponding requests for inapplicability of the aforementioned legal provision, as it is contrary to certain constitutional provisions and violates specific fundamental rights of the accused. The study addresses the problem of the specific legal configuration of the accused's duty of attendance (actual appearance) at the oral trial hearing, and the jurisdictional response that has been given in constitutional courts to the problem of the constitutionality of this legal provision. It also carries out a procedural examination that points out the issues that should be considered in order to understand the problem posed by said duty of attendance of the accused: Is the accused's duty to be present during the entire hearing of the oral trial, as provided for in Article 285 of the Code of Criminal Procedure, unconstitutional?