The debate on the Public Sector Readjustment Law was tense and prolonged. It lasted for almost two weeks of processing in Congress, which were not only followed by the authorities of the Ministry of Finance and the union associations of public entities, but also by the Carabineros. And not precisely because of protests and security issues.
In the initiative promoted by the government, the Executive entered a point that involved the police, especially in relation to the questioning of police work and the prosecution of their operational functions in public order tasks, especially after October 18.
It is about article 79 of the project, approved on December 29 by Congress: “The Directorate of Welfare of Carabineros de Chile may contract legal defense insurance on the occasion of the performance of the functions of the personnel charged to the assets indicated in article 2 of this law (Welfare Statute). The aforementioned insurances will be contracted with respect to the personnel who are in active service and their validity may be extended even after said period under the conditions established in the respective policy ”.
Currently, Carabineros officials facing criminal proceedings are advised by lawyers from the Legal Directorate of the uniformed police. However, since legal proceedings against police officers and high-ranking officials for their actions in public order situations increased, they pay for their own defenders. Although there are also cases in which it is the Public Criminal Defense Office (DPP) who represents them.
For example, what happened with Sergeant John Mograve, the policeman who on November 18 shot and wounded a minor in a Sename center in Talcahuano, and who is today defended by the Criminal Defense Office.
The undersecretary of the Interior, Juan Francisco Galli, explained to La Tercera the objective of the measure and how it will begin to be designed, once the Readjustment Law is published in the Official Gazette.
“The policeman, when he goes out, is exposed to three risks: the risk of life, which is covered by the institution’s prevention system and also with insurance that is paid at the Mutual de Carabineros; the possibility of being seriously injured or ill, as a result of their work, but which can be treated at the Hospital de Carabineros and opt for a disability pension; and the third risk is being accused and subject to a legal, criminal or civil action, for the work he does at the operational level, and that is not covered, “said Galli.
The undersecretary warned that this insurance does not have an extra charge for the Treasury, but is a benefit that the Carabineros Welfare Directorate will contract, with resources from the official himself. This benefit will be voluntary and will go through a public bidding process.
Galli added: “Probably, this takes the experiences of the Public Criminal Defense Office, in that they often bid for some defense of private lawyers. There is a concern of the government to give the necessary working conditions to all the police officers when they go out to protect the safety of all Chileans ”.
Senator PPD Felipe Harboe He appreciated the measure, but suggests taking some precautions. “It seems suitable for cases where officials are criminally prosecuted for acts of the service, but this obviously must exclude human rights violations and probity crimes,” he said.
While, the deputy RN Gonzalo Fuenzalida He stated that “the police who are faced with a judicial situation have to seek private resources to finance their defense. In addition, many times the police prefer to leave the institution, because they do not have the money to pay for a lawyer to help them ”.
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