The criminal and procedural regulation of the offense of unlawful occupation of immovable property

Abstract

This paper examines the status of the crime of unlawful occupation of real property under current Chilean law, taking into account the amendments introduced by Law 21,633. At the substantive level, it analyzes the core elements of the offense regarding the currently criminalized forms of conduct, alongside other relevant aspects arising from the legislative reformulation. At the procedural level, it addresses issues deemed crucial for the investigation and handling of this type of crime, incorporating both long-standing problems that—in our view—have received scant attention to date, and new developments emerging from the aforementioned reform, such as mechanisms for the restitution of properties and the regime of precautionary measures. Overall, the text aims to provide a comprehensive overview of the current regulatory framework, highlighting points that, in our opinion, warrant special attention from a practical standpoint.