Published 2026-01-30
Keywords
- Criminal justice,
- testimony,
- publicity,
- right to a defense,
- cross-examination
How to Cite
Copyright (c) 2025 Pro Jure Revista de Derecho - Pontificia Universidad Católica de Valparaíso
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Abstract
In this paper, we address the issue of evaluating anonymous witnesses in Chilean criminal proceedings based on the regulation introduced by the Law 21577 of 2023. This legislation not only established protective measures during the investigative and evidentiary phases for witnesses with concealed identities but also introduced, through Article 226 U of the Chilean Code of Criminal Procedure, a restriction on convictions solely based on the testimony of witnesses with protected identities. The article presents recent legislative developments regarding anonymous testimony and examines, in particular, the interpretative approaches to the restriction against using anonymous testimony as the sole basis for conviction. The analysis concludes that this provision, rather than being primarily epistemic, serves to prevent prosecutorial strategies that disproportionately employ witness anonymity to the detriment of the defendant’s right to defense.