Criminal procedural reform in Chile and its impact on incarceration rates

Abstract

This article analyzes the exponential growth of the Chilean prison population since the implementation of the criminal procedure reform between 2000 and 2005. The study shows that Chile went from just over 33,000 incarcerated individuals in 2000 to nearly 65,000 in 2025, while its imprisonment rate also increased. The research problem addressed by this article is to explain why, despite being presented as a rights-based modernization aimed at strengthening due process and protecting fundamental rights, the criminal procedure reform ultimately functioned as a mechanism that facilitated mass incarceration. Accordingly, the study asks: in what ways did the Chilean criminal procedure reform contribute to the rise in imprisonment, and what political, economic, and cultural factors made this phenomenon possible? After examining both the immediate and underlying causes of the increase in incarceration, the article concludes that the criminal procedure reform, far from reducing the use of imprisonment, became a mechanism that contributed to mass incarceration. The study warns that mass incarceration deteriorates prison conditions, deepens social exclusion, and undermines respect for human dignity. It therefore proposes revising both substantive criminal law and procedural rules in order to reduce imprisonment and bring the Chilean criminal justice system into line with international human rights standards.