Yes. In criminal procedures, it is the prosecutor's responsibility to gather all means of proof necessary to make the accusation and, later, during the oral trial, to reach the judge's conviction beyond all reasonable doubt (Article 340 of the CPP). Once the prosecutor has made the accusation, all means of proof must be produced in the trial itself. The judge will not be able to order any kind of investigatory diligence.

In Chile, both insanity and self-defense constitute defenses. The application of both exemptions in accordance with Article 10 of the CP is set out below. Where these apply, they act to exempt a person from criminal responsibility:

• an insane person, unless they have acted in a lucid interval, and any person that — in any cause independent of their will — is totally deprived of reason
• a person who works in defense of their person or rights, provided that the following circumstances concur:
  • illegitimate aggression
  • rational need of the means used to prevent or repel it
  • lack of sufficient provocation by the person defending themselves
• a person who works in defense of the person or the rights of their spouse, civil partner, blood relatives in the whole straight line or the collateral line until the second degree, relatives in the whole straight line and in the collateral line until the second degree, or their parents or children, provided that the first and second circumstances described above concur, and that in case of having preceded provocation on the part of the subject, the defender had no part in it
• a person who works in defense of the person and rights of a stranger, provided that the circumstances indicated in the previous point concur and that the defender is not driven by revenge, resentment or another illegitimate motive
• extenuating circumstances include:
  • exempting circumstances that do not meet any of the requirements for their application as exemptions
  • having immediately preceded part of the offender, provocation or threat provided to the crime
  • that the previous conduct of the offender has been beyond reproach

The following may abstain from testifying:

1. the president, former presidents and government ministers; representatives of the National Congress; Supreme Court members and Constitutional Court of Chile members; and the comptroller general and the national prosecutor
2. the commander-in-chief of the Chilean Armed Forces, the general director of the Chilean Police and the general director of the Investigations Police
3. Chileans or foreigners with diplomatic immunity according to international treaties
4. those affected by serious disease or another impediment qualified by the court

During the trial, only the judge can interrogate a child or teenager. The involved parties must present their questions through the judge.

The new Law No. 21.057 (which will gradually take effect) regulates recorded interviews and other protective measures for minor victims of sexual crimes. This new law can be applied regarding victims of homicide, parricide, castration and gross injuries, all of which are included in the concept of domestic violence. We note that in crimes resulting in the death of the victim or where the victim is not able to exercise their rights, the ascendants, descendants, siblings or adopter of the victim may be considered a victim.

Referred law allows children to make their declaration through recorded interviews, which will be led by an interviewer designated by the prosecutor in charge of the investigation. The interview will take place in a place specially conditioned for this purpose and promptly after the complaint is filed, unless the child or teenager is not under conditions to do so, which will be evaluated by a professional worker of the Unit of Attention for Victims and Witnesses.

In the interview, only the child or teenager and the interviewer will be present, unless the prosecutor authorizes the presence of a translator or another professional specialist when required. These requirements also apply for the deposition of the child or teenager in the trial itself.

Furthermore, witnesses in the oral trial will not be able to refer to the content of the investigation interview, unless the respective witness is an expert.

During the trial, the judge may allow the interview to be exhibited, but only in the cases specified by Law No. 21.057.

The content of the interview will only be available to the involved parties in the process, the police during their investigation, family, judges and experts, who must necessarily have access for their enquiries.

If the act of domestic violence does not constitute a crime, a fine will be applied.

According to Article 14 of the LVI, the recurrent exercise of physical or psychological domestic violence is considered a crime of continuous abuse punishable with a minor prison sentence in a minimum to medium degree (20 days to 541 days). This is unless the violence constitutes a more serious crime, in which case only the penalty assigned by law will be applied to the most serious crime.

According to Article 14-bis of the LVI, for crimes constituting domestic violence, the judge will consider the entries recorded in the record kept regarding acts of domestic violence to evaluate the previous conduct of the accused.

According to Article 10 of the LVI, in cases of noncompliance with precautionary or accessory measures, the judge will inform the public prosecutor of the background of a breach of a court order.

Notwithstanding the above, the judge may order the arrest of the offender for up to 15 days as a measure of urgency.