The Adversarial System in criminal proceedings in South America

Abstract

The present work makes a theoretical-comparative analysis between the two procedural systems that exist today: the inquisitive and the accusatory. The author then performs a descriptive analysis of the types of procedural reform that occurred in South America, classifying them according to the classification formulated by Master Alberto Binder: in first, second and third generation reforms. At the same time, the author analyzes the reforms carried out in Chile -a pioneer in second generation reforms in South America- and in the Argentine province of Chubut -a pioneer in implementing the accusatory system in our country-, while she makes a general overview on which procedural system rules in  each South American country and in each Argentinean province. Finally, and based on the experiences that have been taken as an example (Chile and Chubut), the author describes the main problems that have arisen in the implementation of the procedural reforms, and consequently, she proposes overcoming solutions to be taken into account when modifying a procedural system.