受害人和证人享有在刑事诉讼过程中受到适当保护的权利,这是新的刑事诉讼程序的一个最重要创新,在宪法层面得到确认,并受各种立法文书规范,其中主要包括《刑事诉讼法典》和《关于检察署组织的宪法性法令》。后一文书委托国家检察官发布必要指示,以确保受害人和证人受到适当保护,并在检察署和每个地区检察机关内部设立专门单位。智利当局已表示迄今为止仅在例外情形下适用了关于保护证人的立法。
The right of victims and witnesses to receive adequate protection during the course of criminal proceedings, one of the most important innovations of the new criminal procedure, is recognized at the constitutional level and is regulated by various legislative instruments, chiefly the Code of Criminal Procedure and the Constitutional Act relating to the Organization of the Public Prosecution Service. The latter entrusts the National Prosecutor with the issuing of the instructions necessary to ensure that victims and witnesses are adequately protected and establishes specialized units within the Public Prosecution Service and each regional prosecution office. The Chilean authorities have indicated that, to date, they have applied legislation on witness protection only in exceptional cases.