(1) The Contracting States undertake to afford, in accordance with the provisions of this Treaty, the widest possible judicial assistance in any investigation and criminal procedure for offences for which enforcement is the responsibility of the Judicial authorities of the requesting State.

2. They shall be competent to submit requests for mutual legal assistance in the Republic of Chile, the judicial authorities or public prosecutors as defined by the national law of that State.

3. Mutual legal assistance includes the following measures taken for the purposes of criminal proceedings in the requesting State:

(a)

The receipt of testimony or other statements;

(b)

The delivery of objects, documents, records and evidence;

(c)

The production of objects and values for the purpose of confiscation or restitution;

(d)

Exchange of information;

(e)

Searches of persons and searches;

(f)

Screening, seizure and forfeiture of proceeds of offence;

(g)

Notification of acts;

(h)

The surrender of persons detained for hearing or confrontation;

(i)

The summoning of witnesses and experts to appear in the requesting State to testify;

(j)

Any other measure of mutual legal assistance compatible with the objectives of this Treaty and acceptable to the Contracting States.

This Treaty shall not apply to the following cases:

(a)

The arrest and detention of a person prosecuted or convicted for his or her extradition;

(b)

The enforcement of criminal judgments.

Mutual legal assistance may be refused:

(a)

Whether the application relates to offences considered by the requested State either as political offences or as related offences to political offences;

(b)

If the application relates to military offences that do not constitute common law offences;

(c)

If the application relates to tax offences; however, the requested State has the option of responding to an application if the investigation or proceeding is aimed at a tax scam;

(d)

If the requested State considers that the execution of the application is such as to impair the sovereignty, security, public order or other essential interests of the country, as determined by the competent authority of the country;

(e)

Whether the application relates to facts on the basis of which a person being prosecuted has been definitively acquitted or convicted by the requested State for a corresponding offence in relation to the essential, provided that the sanction eventually imposed is Run or have already been run;

(f)

There are serious grounds for believing that the execution of the application would be prejudicial to a person because of his or her race, religion, ethnic origin, gender or political opinion;

(g)

There are serious grounds for believing that, in the context of the criminal proceedings against the person being prosecuted, the guarantees statued by the international instruments on the protection of human rights, in particular by International Covenant on Civil and Political Rights of 16 December 1966 ¹ , would not be respected;

(h)

If the application relates to an offence for which the death penalty is provided for by the law of the requesting State, but not by the law of the requested State; however, the requested State has the right to respond to the request, if the requesting State gives it Insurance deemed sufficient to ensure that the death penalty is not imposed or, if it is, that it will not be enforced.

(2) The requested State may defer mutual legal assistance if the execution of the application has the effect of prejudicing a criminal proceeding in its territory.

3. Before refusing or postponing mutual legal assistance in accordance with this Article, the requested State shall:

(a)

Immediately inform the requesting State of the grounds for refusing or postponing mutual legal assistance, and

(b)

Examine whether mutual legal assistance may be granted on such terms as it considers necessary. If this is the case, these conditions will be met by the requesting State.

4. Any total or partial refusal of mutual legal assistance must be justified.

(1) Any request for mutual legal assistance shall be carried out in accordance with the law of the requested State.

(2) If the requesting State wishes to have the mutual legal assistance carried out in accordance with a specific procedure, it must expressly request it to the requested State; it shall act if its right is not opposed to it.

1. The execution of a request for mutual legal assistance involving coercive measures may be refused if the facts described in the application do not correspond to the objective elements of a criminal offence under the law of the requested State, to Assume that it was committed there.

2. The coercive measures include:

(a)

Searches of persons and searches;

(b)

Receivership of evidence, including the instruments used to commit the offence and the objects and values that are the product of the offence;

(c)

Any measure resulting in the disclosure of secrets which are protected by the criminal law of the requested State;

(d)

Any other measure involving the use of coercion as it is provided for by the procedural law of the requested State.

1. On the express request of the requesting State and if the procedure referred to in the application does not appear manifestly inadmissible or inopportune according to the law of the requested State, provisional measures shall be ordered by the competent authority of that State in To maintain an existing situation, to protect threatened legal interests or to preserve evidence.

2. If there is a danger in the home and the information provided is sufficient to determine whether the conditions for ordering interim measures are met, these measures may also be ordered by the requested State as soon as the announcement is made A request for mutual legal assistance. They shall be lifted if the requesting State does not submit a request for mutual legal assistance within the time limit set for that purpose.

If the requesting State expressly requests it, the Central Authority of the requested State shall inform it of the date and place of execution of the request for assistance. The authorities and persons in question may attend the execution, provided that the requested State consents.

1. Witnesses shall be heard in accordance with the law of the requested State. However, they may also refuse to testify if the law of the requesting State allows them to do so.

2. If the refusal to testify is based on the law of the requesting State, the requested State shall send the case to the requesting State for decision. That decision must be reasoned.

3. The witness who claims a right to refuse to testify may not be subject to any legal sanction on that ground in the requesting State.

The Requested State shall furnish to the Requesting State, at the request of the Requesting State, objects, documents, files or evidence.

(2) The requested State may transmit only certified true copies of the requested documents, records or evidence. If the requesting State expressly requests the furnishing of the originals, the requested State will follow up on this request to the extent possible.

(3) The requesting State shall surrender what has been submitted to it as soon as possible and at the latest at the close of the proceedings, unless the requested State expressly waives it.

4. The rights invoked by third parties on objects, documents, files or evidence in the requested State shall not prevent their surrender to the requesting State.

On request, the requested State shall make available to the authorities of the requesting State its records of courts or inquiry, including judgments and decisions, if such documents are important for judicial proceedings.

2. The documents, records and other evidence shall be submitted only if they relate to a completed case. If that is not the case, the competent authority of the requested State shall determine whether the surrender is nevertheless admissible.

1. The objects and values which arise from an offence prosecuted by the requesting State and which have been seized by the requested State or, failing that, the corresponding replacement value, may be returned to the Requesting State for the purpose of Confiscation, subject to the claims raised by a third party in good faith on the said objects and values.

2. In general, restitution takes place on the final and binding decision of the requesting State; however, the requested State has the option of returning the objects and values to an earlier stage of the proceedings.

Where necessary, this provision shall constitute, for the Contracting States, the legal basis for the sharing of confiscated heritage values.

1. Information, documents or objects obtained by mutual legal assistance in accordance with this Treaty shall not, in the Requesting State, be used for the purposes of investigations or be produced as evidence in all proceedings Criminal offences for which mutual legal assistance cannot be provided.

2. Any other use shall be subject to the approval of the requested State. This approval is not required in the following cases:

(a)

The facts underlying the application constitute another offence for which mutual legal assistance may be granted;

(b)

The foreign criminal procedure is directed against other persons who participated in the commission of the offence, or

(c)

Equipment within the meaning of s. 1 is used for an investigation or proceeding concerning the payment of damages in connection with a procedure for which mutual legal assistance has been granted.

(1) The Requested State shall make the notification of the pleadings and judicial decisions sent to it by the requesting State for that purpose.

2. Notification may be effected by simple transmission of the act or decision to the addressee. If the requesting State expressly requests it, the requested State will make the notification in one of the forms provided for in its legislation for the analogous meanings or in a special form compatible with that legislation.

The proof of the notification shall be established by means of a receipt dated and signed by the addressee or a declaration of the requested State attesting to the fact, form and date of the notification. Any such document shall be transmitted without delay to the requesting State. At the request of the latter, the requested State shall specify whether the notification has been made in accordance with its law. If the notification cannot be made, the requested State shall inform the requesting State without delay and in writing.

4. Any request for the notification of a subpoena to a person in the territory of the requested State, which is the subject of an investigation or a criminal procedure in the requesting State, must be sent to the Central Authority of the State No later than forty-five days before the date fixed for appearance.

1. If the requesting State considers that the personal appearance of a witness or expert before his judicial authorities is particularly necessary, it shall be mentioned in the request for notification of the citation, and the requested State shall invite that Witness or expert to appear in the territory of the requesting State.

2. The Requested State shall invite the witness or expert to follow up the quotation. It shall communicate their reply without delay and in writing to the requesting State.

(3) The witness or expert who accepts to appear in the territory of the requesting State may require that he be given an advance for his travel and subsistence expenses.

The requesting State shall bear the allowances and travel and subsistence expenses of the witness or expert. The amounts will be calculated from the place of residence at rates at least equal to those provided for in the rates and regulations in force in the Contracting State in which the hearing is supposed to take place.

The witness or expert who has not referred to a subpoena whose notification has been requested shall not be subject, even if that quotation contained injunctions, to any sanction or measure of constraint, unless he visits by Following its full will on the territory of the requesting State and that it is not regularly mentioned again.

1. No witnesses or expert, of any nationality, who, following a quotation, appear before the judicial authorities of the requesting State may not be prosecuted, detained or subjected to any other restriction of his or her freedom On the territory of that State for facts or convictions prior to its departure from the territory of the requested State.

2. No person, of any nationality, who, following a quotation, is to appear before the judicial authorities of the requesting State in order to answer facts for which it is the subject of prosecution, shall not be able to Continued, detained, or subject to any other restriction of its individual liberty for acts or convictions prior to its departure from the territory of the requested State and not subject to the citation.

3. The protection provided for in this Article shall cease when the witness, the expert or the person who is the subject of criminal proceedings, having had the opportunity to leave the territory of the requesting State for thirty consecutive days after his Presence was no longer required by the judicial authorities, remained in that territory, or returned to it after leaving it.

1. The person who appears on the territory of the requesting State following a summons may be compelled to testify or to produce evidence, unless the law of one of the Contracting States allows him to refuse.

2. Art. 8, para. 2 and 3, and art. 13, para. 1, shall apply mutatis mutandis.

1. Any detained person whose personal appearance as a witness or for the purposes of confrontation is requested by the requesting State shall be temporarily surrendered in the territory of the State where the hearing is to take place, provided that it is Returned to the requested State within the time limit indicated by the said State and subject to the provisions of Art. 18, to the extent that they are applicable.

2. Remission may be refused:

(a)

If the detained person does not consent to it;

(b)

Whether its presence is necessary in the context of criminal proceedings in progress in the territory of the requested State;

(c)

Whether the surrender is likely to prolong his or her detention, or

(d)

If other overriding considerations preclude its surrender on the territory of the requesting State.

3. The person surrendered must remain in custody in the territory of the requesting State, unless the requested State requests his release.

4. Within the meaning of this Article, the detention suffered by the person handed down in the Requesting State shall be charged to the sentence which remains to be served in the Requested State.

(1) If a person who is in the territory of the requested State is to be heard as a witness or expert by the judicial authorities of the requesting State, the latter may request that the hearing be held by videoconference, in accordance with s. 2 to 7 of this section, if it is inappropriate or impossible for the person to be heard in person on his or her territory.

2. The requested State consents to the hearing by videoconference provided that the use of this method is not contrary to the fundamental principles of its right and that it has the technical means enabling it to conduct the hearing. If the requested State does not have the technical means for videoconferencing, the requesting State may make it available to the requested State, with the consent of the requested State.

3. Requests for mutual legal assistance involving the use of videoconferencing must, in addition to the information listed in Art. 27, the reason why it is not appropriate or possible for the witness or expert to appear in person in the territory of the requesting State as well as the name of the authority and the persons who will proceed to the hearing.

4. The judicial authority of the requested State shall summon the person concerned in the forms prescribed by his law.

5. The following rules apply to the hearing by video conference:

(a)

The hearing shall take place in the presence of a representative of the judicial authority of the requested State, assisted, if necessary, by an interpreter. This representative shall also be responsible for the identification of the person to be heard and for the observance of the fundamental principles of the national law of the requested State. If the judicial authority of the requested State considers that the fundamental principles of its right are not respected at the hearing, it shall immediately adopt the measures necessary to ensure that the hearing continues in accordance with those Principles;

(b)

The competent authorities of the requesting and requested States agree, where appropriate, of the measures to be taken to ensure the protection of the person to be heard;

(c)

The hearing is carried out directly by the judicial authority of the requesting State, or under its direction, in accordance with the provisions of its internal law;

(d)

At the request of the requesting State or the person to be heard, the requested State shall ensure that that person is, if necessary, assisted by an interpreter;

(e)

The person to be heard may invoke the right to refuse to testify if he or she is recognized by the law of the requested State or of the requesting State.

6. Without prejudice to the measures agreed on the protection of persons, the judicial authority of the requested State shall establish, at the end of the hearing, a record of the date and place of the hearing, the identity of the person to be heard, The identities and qualifications of the other persons who participated in the hearing, any oath and the technical conditions in which the hearing took place. This document will be transmitted by the Central Authority of the requested State to the Central Authority of the requesting State.

(7) Each of the Contracting States shall take the necessary measures to ensure that, where witnesses or experts are heard on its territory, in accordance with this Article, and refuse to give evidence when they are required to do so, or make false statements , its legislation applies exactly as it would apply if the hearing were to take place within the framework of a national procedure.

8. The Contracting States may, if they so wish, also apply the provisions of this Article, where appropriate and with the consent of their competent judicial authorities, to hearings by videoconference of a person prosecuted Or a suspect. In such a case, the decision to hold the video conference and the manner in which it takes place shall be the subject of an agreement between the two Contracting States and shall be in accordance with their domestic law and the relevant international instruments, including The International Covenant on Civil and Political Rights of 16 December 1966 ¹ . Hearings involving a person who is criminally prosecuted or a suspect can only take place if they consent.

For specified purposes and for a limited period which may be extended by mutual agreement, the competent authorities of the Contracting States may establish joint teams responsible for carrying out criminal investigations.

(1) Each Contracting State undertakes to ensure that, at the request of the other Contracting State, controlled deliveries may be authorised in its territory in the course of criminal investigations relating to offences liable to give rise to Extradition.

2. The decision to use controlled deliveries shall be taken in each case by the competent authorities of the requested State, in accordance with the national law of that State.

3. Controlled deliveries shall take place in accordance with the procedures laid down by the requested State. The power to act, the direction and control of the operation shall belong to the competent authorities of the requested State.

(1) The requested State shall communicate, to the extent that its judicial authorities may themselves obtain them in such cases, extracts from the criminal record or the information relating to the latter as requested by the judicial authorities of The requesting State for the purposes of a criminal case.

2. In cases other than those referred to in s. 1, such request shall be given in accordance with the conditions laid down in the legislation, the regulations or the practice of the requested State.

3. At least once a year, each Contracting State shall bring to the knowledge of the other State the criminal sentences and subsequent measures relating to nationals of that State which have been the subject of an entry in the criminal record.

For the purposes of this Treaty, the Central Authority is, for the Swiss Confederation, the Federal Office of Justice of the Federal Department of Justice and Police and, for the Republic of Chile, the Legal Service of the Ministry of Foreign Affairs.

2. The Central Authority of the Requesting State shall transmit requests for mutual legal assistance in criminal matters based on this Treaty and emanating from its courts or authorities.

3. The Central Authorities of the Contracting States shall communicate directly with each other or, if necessary, through diplomatic channels.

4. Each Contracting State may change its Central Authority. It shall notify the other Contracting State in writing and through diplomatic channels.

1. Any request for mutual legal assistance must be in writing.

2. In case of emergency, the request may be transmitted by fax or through the International Criminal Police Organization (Interpol) channel. The requesting State must confirm its request by sending the original within 8 days.

1. An application must contain the following particulars:

(a)

The name of the authority from which it emanates and, where applicable, the authority responsible for criminal proceedings in the requesting State;

(b)

The purpose and reason for the request;

(c)

A precise description of the self-help measures requested;

(d)

To the extent possible, the full name, date and place of birth, nationality and address of the person who is the subject of the criminal procedure when submitting the application;

(e)

The main reason for which the evidence or information is requested, together with a brief description of the essential facts (date, place and circumstances in which the offence was committed) giving rise to a procedure in the State Applicant, except in the case of a request for notification within the meaning of s. 14.

2. In addition, an application must contain:

(a)

In the case of the application of foreign law at the time of enforcement (Art. 4, para. 2), the text of the legal provisions applicable in the requesting State and the reason for its application;

(b)

In the case of the participation of persons (art. 7), the designation of the person assisting in the execution of the application and the reason for its presence;

(c)

The probable location and description of the objects and values resulting from the offence (s. 11) or the main reason for believing that such objects and values are in the territory of the requested State;

(d)

In the case of notification of acts of procedure, judicial decisions and citations (Art. 14 and 15), the name and address of the recipient;

(e)

In the case of the citation of witnesses or experts (art. 15), a declaration which states that the requesting State will bear the costs and allowances and will pay an advance, upon request;

(f)

In the case of the surrender of detained persons (art. 20) the name of the latter;

(g)

In the event of a videoconference hearing (art. 21), the ground for which it is inappropriate or impossible for the witness or expert to appear in person as well as the name of the judicial authority and the persons responsible for conducting the hearing.

1. If the request for mutual legal assistance is not in conformity with the provisions of this Treaty, the Central Authority of the requested State shall without delay inform the Central Authority of the requesting State, asking it to amend or complete it; The adoption of interim or urgent measures within the meaning of s. 6 is reserved.

(2) If the request appears to be in conformity with the provisions of the Treaty, the Central Authority of the requested State shall forward it immediately to the competent authority.

3. After the execution of the application, the competent authority shall forward the request and the information and evidence obtained to the Central Authority of the requested State. The Central Authority shall ensure that the execution is complete and faithful and shall communicate the results to the Central Authority of the requesting State.

4. Le par. 3 does not prevent the partial execution of the application.

1. Documents, records, statements and other evidence will be exempt from legalization, authentication and other formalities.

2. Documents, files, statements and other evidence transmitted by the Central Authority of the Requested State shall be accepted as evidence without further formality or attestation of authenticity.

3. The letter of transmission of the Central Authority guarantees the authenticity of the documents transmitted.

1. Applications and their annexed documents must be in the language of the requesting State and accompanied by an official translation into a language of the requested State, which is indicated in each case by the Central Authority.

(2) The translation of documents prepared or obtained in the course of the execution of the application shall be the responsibility of the requesting State.

At the request of the requested State, the requesting State shall reimburse only the following expenses and expenses incurred for the purpose of carrying out an application:

(a)

Allowances, travel and subsistence expenses of witnesses and their possible representatives;

(b)

Expenses related to the surrender of detained persons;

(c)

Expert fees, travel and subsistence expenses;

(d)

Cost of the establishment of the video link, costs related to the making available of the video link in the requested State, remuneration of the interpreters it provides and allowances paid to witnesses and their travel expenses in the requested State.

(2) If it appears that the execution of the application may entail extraordinary costs, the requested State shall inform the requesting State in order to determine the conditions under which mutual legal assistance may be granted.

1. Through the Central Authority and within the limits of its domestic legislation, a criminal prosecution authority of a Contracting State may, without an application to that effect, communicate to a criminal prosecution authority The other Contracting State with regard to information and evidence concerning criminal offences that are criminally punishable, collected in the course of its investigation, where it considers that the transmission of such information is such as to enable:

(a)

Submit an application in accordance with this Treaty;

(b)

Open a criminal prosecution, or

(c)

Facilitate the conduct of an ongoing criminal investigation.

2. The authority which communicates the information may, in accordance with its internal legislation, submit their use by the receiving authority under certain conditions. The receiving authority is required to comply with these conditions.

1. Any denunciation by one of the Contracting States for prosecution in the courts of the other Contracting State or confiscation of property arising out of an offence shall be the subject of a communication between the Central Authorities.

2. The Central Authority of the requested State shall inform the requesting State of all measures taken as a result of the denunciation and shall send it a copy of all the decisions rendered in that framework.

3. The provisions of s. 29 apply to denunciations referred to in s. 1.

The letter from the Central Authority for the spontaneous transmission of information and means of evidence or relating to a denunciation shall be translated in accordance with Art. 30. It is not necessary to translate the relevant attachments.

The provisions of this Treaty shall in no way affect more extensive judicial assistance which would have been or would have been agreed between the Contracting States by means of other agreements or arrangements, or which would result from their domestic law.

The Central Authorities shall, where they deem it appropriate, proceed orally or in writing to exchange views on the implementation or implementation of this Treaty in general or in the present case.

Any dispute concerning the interpretation, application or implementation of this Treaty shall be settled by diplomatic means, provided that the Central Authorities cannot eliminate it themselves.

(1) This Treaty shall enter into force sixty (60) days after the date on which the Contracting States have notified each other that they shall comply internally with the requirements for the entry into force of this Treaty.

(2) Each Contracting State may terminate this Treaty at any time by written notification addressed to the other State through diplomatic channels. The termination of the Treaty shall take effect six months after receipt of such notification. The termination of the Treaty will not affect the execution of ongoing requests for mutual legal assistance.

In witness whereof, The undersigned, duly authorized to that effect by their respective Governments, have signed this Treaty.

Done at Santiago, Chile, on 24 November 2006, in two copies, in English, Spanish and German, all three versions being equally authentic. In the case of different interpretations, the English version is decisive.